Here’s why the NFA items were removed from the BIG BEAUTIFUL BILL…..

NFA items were reportedly removed from the reconciliation bill, sometimes referred to as the “Big Beautiful Bill,” because 

the Senate parliamentarian ruled that their deregulation did not fit within budget reconciliation rules

Here’s why this decision was made:

  • The Byrd Rule: The Senate operates under rules, including the Byrd Rule, which prevents measures deemed “extraneous” to the budget process from being included in reconciliation bills. Reconciliation bills are a legislative tool that allows for expedited passage of legislation related to the budget with only a simple majority vote in the Senate.
  • The Parliamentarian’s Ruling: The Senate Parliamentarian, Elizabeth MacDonough, determined that efforts to remove NFA items, like silencers and short-barrel firearms, from the National Firearms Act (NFA) of 1934 did not comply with the Byrd Rule. This suggests that the parliamentarian viewed these changes as primarily policy changes rather than strictly budgetary matters.
  • Impact of Deregulation: The deregulation would have eliminated the $200 federal excise tax and removed a layer of background checks on these items. However, the ruling indicated that the policy changes associated with removing NFA items from regulation were considered “extraneous” to the budget process. 

In summary, the parliamentarian’s ruling, based on the Byrd Rule, determined that the proposed changes regarding NFA items were too focused on policy and regulation rather than directly addressing budget or revenue considerations, leading to their removal from the reconciliation bill.

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ATF Finalizes ‘Stabilizing Brace’ Ruling, 2021R-08F

Today,  13 January 2023, the Department of Justice announced it has submitted ATF Final Rule 2021R-08F, “Factoring Criteria for Firearms with Attached ‘Stabilizing Braces,’” to the Federal Register, amending ATF regulations to clarify when a rifle is designed, made, and intended to be fired from the shoulder.

Final Rule Summary

The Final Rule makes clear when manufacturers, dealers, and individuals use stabilizing braces to convert pistols into rifles with a barrel of less than 16″, they must comply with the laws that regulate those rifles, including those of the NFA. The amended definition of “rifle” shall include a weapon that is equipped with     an accessory, component, or other rearward attachment (e.g., “stabilizing brace) that provides surface area that allows the weapon to be fired from the shoulder or indicates that the weapon is designed, made, and intended to be fired from the shoulder.

To comply with new regulations, manufacturers, dealers, and individuals must either (1) register tax-free any existing NFA short-barreled rifles covered by the rule, (2) remove the stabilizing brace to return the firearm to a pistol, (3) attach a 16″ or longer rifled barrel to the firearm, or (4) turn in to ATF or destroy the firearm. Nothing in this rule bans stabilizing braces or the use of stabilizing braces on pistols.

Proposed Worksheet 4999

The rule also does not adopt Worksheet 4999 as previously proposed. The rule does, however, adopt several of the objective design features that indicate a firearm is designed, made, and intended to be fired from the shoulder and incorporates those features into the definition of “rifle.” These objective     features include weight, length of pull, use of optics, existence of a rearward attachment, and manufacturer marketing and information.

Effectivity Date

ATF Final Rule 2021R-08F     will go into effect the date the ruling is published in the Federal     Register, anticipated next week. The rule allows for a 120-day period, from     date of publishing, for manufacturers, dealers, and individuals to register     tax-free any existing NFA short-barreled rifles covered by the rule.

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