The RIFLE Act

Repealing Illegal Freedom and Liberty Excises (RIFLE) Act

Source: https://www.foxnews.com/politics/rep...cond-amendment

Sen. Tom Cotton, R-Ark., and other Senate Republicans recently introduced legislation that would abolish transfer taxes on firearms regulated under the National Firearms Act (NFA).

The bill, called the Repealing Illegal Freedom and Liberty Excises (RIFLE) Act, was announced on Wednesday. According to a press statement released by Cotton, the law "would remove a burdensome tax imposed on firearms regulated under the National Firearms Act."

The press release explains that the NFA has taxed the transfers of short-barreled shotguns and rifles and fully automatic firearms since 1934. The tax has been $200 since 1934, a sum that is equal to nearly $4,700 in 2024 dollars.

Specifically, the bill seeks to eliminate Section 5811 of the Internal Revenue Code of 1986, effectively repealing the transfer tax for all firearms regulated by the NFA.

"The RIFLE Act does not modify the current checks and registration; it solely removes the federally mandated financial burden on law-abiding gun owners," the press release adds.

Speaking to Fox News Digital on Wednesday, Ambler Law attorney Oliver Krawczyk said that the current taxes on firearms are "indistinguishable from poll taxes." The lawyer, who specializes in Second Amendment law, called the legislation "a step in the right direction."

"This would undermine the constitutional basis of the NFA altogether, because it?s a purported exercise of Congress?s enumerated taxing power," Krawczyk added. "But the Founders would have scoffed at the notion that it could be a felony to possess a short-barreled rifle or shotgun in the first place."

The legislation is supported by other senators, including Sens. Marsha Blackburn, R-Tenn.; John Cornyn, R-Texas; and Markwayne Mullin, R-Okla. Sens. Marco Rubio, R-Fla.; Rick Scott, R-Fla.; and John Barrasso, R-Wyo.; and Iowa Rep. Ashley Hinson introduced companion legislation in the House of Representatives.

"The federal government should not be placing financial barriers on the inalienable rights of Americans. This unconstitutional tax on certain firearm purchases is a direct violation of the Second Amendment and must be repealed," Hinson said. "As the Biden Administration and Democrats push proposals that unfairly target law-abiding gun owners, I will continue to stand up for Iowans? right to keep and bear arms."

In a statement, Cotton called the current firearm transfer taxes "unnecessary."

"Law-abiding Americans who exercise their Second Amendment rights should not be subject to unnecessary taxes and restrictions preventing them from doing so," Cotton said. "Passed into law in 1934, the National Firearms Act needs to be amended. Our legislation will remove the red tape that places an undue financial burden on would-be gun owners."

This is an interesting proposal.
If you are not aware, the $200 tax stamp payment does not go towards ATF funding.
That money goes into the US Gov't "General" funds.
So, dropping the tax stamp would have no impact on the ATF operating budget or manpower.
However, if they are trying to make the argument that NFA firearms are protected by the 2nd amendment, that is already case law and they are not.
Good question on suppressors as they are not firearms.
Not many years ago there was a lot of support in the US Congress to remove suppressors from the NFA and there was a "hearing protection act" that was to be voted on.
That was never put to a vote because of a mass shooting event.

Richard

The bravery of republicans when an act has no chance of passing always amazes me.

A concern I have heard expressed over the years is that if the NFA taxes are opened up for change or review, we may end up with either prohibition or a big increase.
The 200 dollar tax was imposed in 1934 when Thompson's were selling in 175 to 200 dollar range, so the 200 dollar tax was a real burden.
Some progress has been made for Suppressors and SBR processing since the first week of April.
E-Form filings from Silencer Shop have been as short as 1-day to 3-day approvals once submitted.
Paper Form 4's seem to be still taking multiple months.

As Richard, APEXGunParts, said, the Legislators were on the way to exempting suppressors, but craziness happened and that got sidelined.
Texas did exempt suppressors from NFA, but only for ones made and used in Texas.

They do this when not in power.

But not when they have both houses and the president.

Just pandering to votes. They know if this passed, a campaign issue dies.

NFA items, including silencers, are illegal in Colorado by state law.
It is an "affirmative defense" if "said person has a valid permit and license for possession of such weapon." Having your NFA Form 4 or 1 or other Form in the registry is considered having a permit or license.
If the registry is eliminated it takes away the affirmative defense. No more NFA in Colorado.
It looks like the RIFLE Act would keep the Forms and Registry so Colorado citizens would still be able to legally own NFA stuff.

Not gonna happen.

There would be a flood of silenced machine guns on the streets and in schoolyards, slaughtering millions of innocent children.

I had the thought in the back of my mind that if the "Hearing protection act" had passed the US Congress they would take the additional step of making suppressors MANDATORY for all guns that are being fired!
Its just the way of Gov't regulation, swing way over to the other point and become a different problem.

Richard