Republican Congressman Refuses to Support Removing Suppressors from NFA

A Republican from Tennessee has put the brakes on a once-in-a-generation chance to end a major infringement on the Second Amendment: the National Firearms Act (NFA) suppressor tax and registration.

On Tuesday May 13, the U.S. House Committee on Ways & Means released the text of the House Reconciliation Bill, which includes a provision to reduce the NFA tax on suppressors from $200 to $0. However, the bill still subjects suppressors to other NFA regulations, including registries which are a major affront to the U.S. Constitution and privacy.

Congressman David Kustoff (R-TN), a member of the committee, is taking heat from the Second Amendment community for his stance of only supporting reducing the tax over fully removing suppressors from the NFA. In a statement, on Twitter, he tried to defend his position:

I am a Pro-Gun Republican to my core. I have an ‘A+ Rating’ with the NSSF and an ‘A Rating’ with the NRA. At every turn, I’m going to fight for the Second Amendment rights of gun owners across America.

During this next legislative battle, there are Second Amendment reforms to be made regarding suppressors. Unfortunately, the rules of the United States Senate cause serious obstacles for repealing suppressors from the NFA.

Given the risk of the Senate failing to expand gun rights, I proposed policy that would eliminate the tax on suppressors – taking it from $200 to $0. This would be more than $1.5 billion in tax savings for gun owners over the next 10 years.

I am committed to the fight for full repeal under the NFA, as well as other long overdue reforms to the unconstitutional restrictions on law-abiding gun owners.

Some speculate that Congressman Kustoff fears the repercussions of the “Byrd Rule,” which restricts what can be included in reconciliation measures in the U.S. Senate to focus on purely budgetary matters. The Byrd Rule allows senators, through a point of order, to challenge provisions that are deemed “extraneous” to these budgetary goals, meaning they can be struck from the bill unless 60 votes are secured to waive the rule.

The broader reforms championed by gun rights groups, such as fully removing suppressors from the NFA or incorporating the Hearing Protection Act and SHORT Act, could trigger the Byrd rule.

Nevertheless, gun rights groups are aggressively pushing for more comprehensive reform given the narrow legislative window to move forward the President’s agenda (backed by an Executive Order on Protecting the Second Amendment).

The National Rifle Association (NRA) supports a full repeal, with John Commerford, Executive Director of NRA-ILA, stating, “The NRA fully supports removal of suppressors from the NFA and will work to achieve that goal as the Reconciliation Process continues.”

Similarly, Gun Owners of America (GOA) has rallied a coalition of firearms manufacturers to demand the inclusion of the Hearing Protection Act and the SHORT Act in the Reconciliation Bill. GOA’s Senior Vice President Erich Pratt declared, “Gun owners sent a clear message in 2024: restore the Second Amendment. Congress has the tools to repeal these outdated and unconstitutional taxes. There’s no excuse not to act.”

The Tennessee Firearms Association also encouraged Kustoff to remove suppressors from the NFA.

More and more, it’s the Republican Party that appears to be a roadblock to bold action and forward movement demanded by gun owners, especially in the unique situation where Republicans hold the office of the President and majorities in both chambers of Congress.