What is the current status of the bill attempting to remove suppressors from the NFA?

NOTE:  I will keep this post updated as the bill moves throughout the legislative process.

————————————————–

Update – July 2, 2025

With Vice President JD Vance casting the tie-breaking vote, the Senate passed the revised version of the bill that includes the revised Section 70436 described in my June 29 update below.

The bill now goes back to the House where they can either accept the changes as-is or modify the bill further and send it back to the Senate.

While Gun Owners of America and other gun-rights groups are encouraging the House to re-add the full NFA repeal for suppressors and short-barreled rifles and shotguns, this would almost certainly result in the bill not making it to the President’s desk by his self-imposed deadline of July 4th so the chances of that happening appear slim.

————————————————–

Update – June 29, 2025

After the Senate Parliamentarian removed the HPA and SHORT Act provisions of the ‘Big Beautiful Bill’ as violative of the “Byrd Rule”, the latest revised version of the bill has brought the issue back into the bill in a modified form.

Section 70436 leaves suppressors, short-barreled rifles, and short-barreled shotguns subject to all current NFA requirements, including registration and transfer limitations, but removes the $200 transfer tax for all NFA items except machineguns and destructive devices.

————————————————–

Update – June 28, 2025

The Senate Parliamentarian has removed the HPA and SHORT Act provisions of the ‘Big Beautiful Bill’ as violative of the “Byrd Rule”.

The “Byrd Rule” refers to the fact that budget reconciliation matters (such as this bill), when being considered by the Senate, may be approved by a simple majority instead of 60 votes to avoid a filibuster.  However, only certain provisions may be included in a bill for it to take advantage of this process.

Despite the courts upholding the NFA multiple times over the years on the basis that it is not a gun control measure but rather a tax, the Parliamentarian ruled that the NFA related provisions (among many others) were not appropriate to be included in this bill under the Byrd Rule.

The Senate has 3 options at this point:

  1. Accept the recommendation of the Parliamentarian and pass the bill without the HPA and SHORT Act provisions;
  2. Add new provisions that keep the items on the NFA but reduce or eliminate the transfer tax; or
  3. Remove the Parliamentarian.

I do not believe that will choose option 3 for political reasons.  Therefore, I suspect the best we can reasonably expect is option 2 … and the Republicans may choose to avoid the issue altogether in order to meet their self-imposed goal of passage by July 4th.

————————————————–

Update – June 17, 2025

The bill has been modified in the Senate to include the totality of the SHORT Act which removes SBRs, SBSs, and AOWs from the NFA and preempts state law regarding their ownership.

————————————————–
Update – June 17, 2025

The bill has been modified in the Senate to add Section 3 of the original Hearing Protection Act which reads as follows:

SEC. 3. Treatment of certain silencers.

Section 5841 of the Internal Revenue Code of 1986 is amended by adding at the end the following:

“(f) Firearm silencers.—A person acquiring or possessing a firearm silencer in accordance with chapter 44 of title 18, United States Code, shall be treated as meeting any registration and licensing requirements of the National Firearms Act with respect to such silencer.”.

This section is designed to mitigate the issue I described below in bullet point 4 and which is discussed in the video I embedded.

————————————————–

The original version of President Trump’s ‘One Big Beautiful Bill’ included a provision which eliminated the National Firearms Act (NFA) tax on suppressors but left them subject to the other provisions of the NFA.

In a subsequent amendment, which was approved by the House of Representatives, suppressors were removed from the NFA altogether.

But being approved by the House does not guarantee that version of the bill will become law.  Now that it has passed the House, it must be voted on in the Senate.  Often, the Senate will pass a different or modified version of a bill and then there has to be a conference committee convened to resolve the differences. So, the final version may be one of these two options or something else altogether.

Once both chambers have passed the bill, and any changes have been reconciled, the final version will be sent to the President to be signed or vetoed.

Some common questions I have been asked:

1) If passed, when will the bill become effective?

If signed by the President, the bill will become law and will be effective based upon the effective date laid out in the bill.  The current version of the bill has this language regarding the effective date of the suppressor changes:

“(d) Effective Date.–The amendments made by this section
shall apply to calendar quarters beginning more than 90 days
after the date of the enactment of this Act.”

So … for example … if the bill was signed into law on July 4, then 90 days would take us to October 2.  The quarter that starts after that date is the 1st quarter of 2026 which starts January 1.  Therefore, if the current language survives the Senate, the bill would become effective January 1, 2026.

2) What will happen to those suppressors already registered under the NFA?

That is a good question that will probably not be answered until the ATF promulgates regulations following the enactment of the final bill.

3) Will there be refunds for those suppressors already registered under the NFA?

The bill does NOT provide for the refunding of previously paid excise taxes under the NFA.

4) If I currently live in a state that only allows suppressors if they are owned in compliance with the NFA, will I lose my suppressor?

That is a very interesting question.  Attorney Tom Grieve has done a detailed breakdown of this issue on his YouTube channel.

Short answer … at least in the short term, there will almost certainly be collateral consequences in some states.

Posted in NFA Trusts | Comments Off on What is the current status of the bill attempting to remove suppressors from the NFA?

What should an FFL do if a firearm that is being shipped to them is lost in transit?

I was recently contacted by an FFL I represent who had a post-sample machinegun being shipped to him that was lost in-transit.

He wanted to know what his responsibilities were versus those of the manufacturer / shipping FFL.

While this was an NFA item (National Firearms Act), the steps one should take when a firearm is lost in-transit is largely the same for NFA items and regular firearms, with a few additions noted below.

First, within 48 hours of discovering the loss, an ATF Theft/Loss Report (Form 3310.11) must be filed by the shipping FFL (required by 27 CFR 478.39a).

The completed form can be submitted by email to stolenfirearms@atf.gov or faxed to (304) 616-4501.  Receipt of the form should be confirmed by calling the ATF at (888) 930-9275.

Second, the shipping FFL should report the loss to their local police or sheriff’s department since the shipping location is deemed to be where the loss occurred. They will need to obtain a case number or incident report number because the ATF will typically require proof that the loss was reported to local law enforcement.

The shipping FFL should also file a loss claim through the carrier. They should maintain all correspondence with the carrier in case the ATF or local law enforcement requests the documentation.

Important Note: The receiving FFL should ask for a copy of the ATF Form 3310.11, the incident report # from the local law enforcement, and any correspondence from the carrier claim.

Finally, the FFL the item was being shipped to, who never received the item, should document the transfer in their A&D (Acquisitions and Dispositions) book as shipped, but lost in-transit, and reference the ATF Form 3310.11 submission and the other associated details (incident #, etc.).

Additional Steps For NFA Items

In this case, the lost firearm was an NFA item, specifically a post-sample machinegun, the loss of which the ATF takes very seriously, and the NFA Branch will need to be notified.  The shipping FFL should call them immediately at (304) 616-4500, reference the Form 3 control number, and describe the exact circumstances of the loss.

If there is any question in the mind of the receiving FFL whether the shipping FFL has taken any of these steps, they should contact the ATF themselves out of an abundance of caution.

 

Posted in ATF, ATF Form 3310.11, BATFE, FFL Issues, Form 3, Loss of Firearm, NFA Transfers, Shipping Firearms | Comments Off on What should an FFL do if a firearm that is being shipped to them is lost in transit?

Understanding the status of forced reset triggers in Virginia

UPDATE:  I have been receiving questions and comments from concerned gun owners, and I have added additional analysis below based upon their questions and feedback.

In an agreement between the government and Rare Breed Triggers, announced Friday May 16th, 2025, the Department of Justice agreed that the Bureau of Alcohol, Tobacco, Firearms and Explosives overstepped its authority in reclassifying forced reset triggers (FRTs) as machine guns and will return any such items seized or surrendered to them.

While this is great news for gun owners at the federal level, it doesn’t necessarily solve the issue for those in Virginia.  In fact, it potentially sets a legal trap for the unwary.

Please note that I am NOT making a definitive statement that FRTs are covered under Virginia’s ‘trigger activator’ statute but rather pointing out that the statute is vague enough, and inadequately describes complex mechanical processes, such that it could subject owners to legal issues.

In the 2020 session, the General Assembly added section 18.2-308.5:1 to the Code of Virginia, which made it unlawful for any person to ‘manufacture, import, sell, offer for sale, possess, transfer, or transport an auto sear or a trigger activator in the Commonwealth.

In this code section, “trigger activator” is defined as “a device designed to allow a semi-automatic firearm to shoot more than one shot with a single pull of the trigger by harnessing the recoil energy of any semi-automatic firearm to which it is affixed so that the trigger resets and continues firing without additional physical manipulation of the trigger by the shooter.”  This definition can be interpreted broadly and presents significant potential legal threats to those who might own FRTs.

The most common question I have received is whether FRTs are even covered by this statute since they do not operate via ‘recoil energy’.   Let’s look at that question:

  1. Is there a definition of ‘recoil energy’ in this code section?  No
  2. Is there a definition of ‘recoil energy’ in the Code of Virginia? No.
  3. Is there a definition of ‘recoil energy’ in the VA Administrative Code? No
  4. Is there a definition of ‘recoil energy’ in Virginia case law? No
  5. Is there a definition of ‘recoil energy’ in Federal case law? No
  6. Is there a definition of ‘recoil energy’ in Black’s Law Dictionary? No

Therefore, under the rules of statutory construction, we will look to the standard definition of the term which is the backward force generated when a firearm is fired, equal to the force generated by the powder charge that propels the bullet forward.

So do FRTs use this ‘backward force’?  In a 2022 Open Letter to All Federal Firearms Licensees, the BATFE stated this about how FRTs function:

Unlike traditional triggers and binary triggers … FRTs do not require shooters to pull and then subsequently release the trigger to fire a second shot. Instead, these FRTs utilize the firing cycle to eliminate the need for the shooter to release the trigger before a second shot is fired. By contrast, some after-market triggers have similar components but also incorporate a disconnector or similar feature to ensure that the trigger must be released before a second shot may be fired.

The key question then is whether a prosecutor, judge, or jury, many of whom might not be familiar with firearms, would find that the ‘firing cycle’ is a part of, or analogous to, the ‘recoil energy’ of the shot.

THIS is the legal risk that I am warning my clients about with this article.

And while those who own registered pre-ban auto sears are protected by a clause in the new law that exempts those items owned “in compliance with the National Firearms Act”, I believe that there are statutory construction issues where FRTs are concerned since they are not regulated under the NFA, as recognized in the aforementioned settlement.

The second most common question I have been asked is whether subsection D of the law, exempting those items owned in compliance with the National Firearms Act (NFA) would apply, since FRTs are no longer considered machineguns in violation of the NFA and are therefore not subject to any requirements of the NFA.

My answer is that it opens yet another door where a prosecutor could argue that being ‘in compliance’ with [X] means the item must be subject to AND compliant with [X].

See this video for a discussion of this specific issue and the competing arguments a prosecutor and defense attorney might make when facing such language in a state law.

This then sets the stage for law-abiding Virginia residents, hearing of the settlement with the DOJ, who attempt to have their seized or surrendered items returned to them, or who purchase such items from out of state vendors and bring them into the Commonwealth, being potentially prosecuted under the new law.

And the penalty for violation of this statute is prosecuted as a Class 6 Felony.

If you are a Virginia resident who had your forced reset trigger seized or voluntarily surrendered a forced reset trigger to the BATFE, and they contact you about returning said item, you should seek counsel before taking any action.

If you have questions or would like assistance with the forced reset trigger issue, then feel free to contact me for a consultation.

Posted in 2A, Administrative Law, ATF, ATF Ruling, BATFE, Court Rulings, Forced Reset Triggers, Machine Guns, Regulatory Rulemaking, Virginia Law | Comments Off on Understanding the status of forced reset triggers in Virginia

Buying a firearm while in the Virginia Address Confidentiality Program

Recently, a dealer I represent contacted me with a question regarding an identification document that a customer was attempting to use to purchase a firearm.

In this case, the customer was presenting a driver’s license with a PO Box as the address coupled with a Commonwealth of Virginia Address Confidentiality Program (ACP) card.

The customer was under the belief that the FFL was required to accept the PO Box as their residential address based upon their participation in this program.  The FFL, understanding that failing to comply with both Virginia State Police and ATF identification and residency requirements could impact their license, was understandably concerned and reached out for advice.

Let’s break the issue down.

First, this is a valid program in Virginia (many other states have their own version as well).  Virginia’s version allows victims of domestic violence, stalking, and other crimes to protect their actual address from most forms of public disclosure.

The sample card pictured above represents what the actual cards look like when issued. Attorney General Miyares has a video introduction to the program available on YouTube.

In the video commentary, AG Miyares states the following (with the relevant sections bolded):

In recognition of Domestic Violence Awareness Month, Attorney General Jason Miyares is encouraging Virginians impacted by domestic violence, stalking, sexual violence, human trafficking, and child abduction to apply for the Address Confidentiality Program (ACP) offered by the Office of the Attorney General’s Victim Services Unit.

The ACP provides a legal substitute address, ensuring a survivor’s actual physical location is shielded from public records and inaccessible to their abuser. Participants in the ACP are assigned a confidential mailing address to use for all first-class mail, legal matters, and government interactions.

The Office of the Attorney General securely forwards mail to the participant’s actual address, preventing any direct connection to their new location. This protection extends to both adults and minors whose parent or guardian is enrolled in the program. Once enrolled, participants are responsible for notifying state and local agencies of their ACP status.

Government agencies are legally required to accept the ACP address as the participant’s official residential address. The certification lasts for three years, with the option to renew.

These assertions form the basis of the customer’s belief that the FFL should be required to accept the PO Box as their residential address.

But that alone does not mean the ACP address is valid for firearms purchases.  We need to look deeper.

Next let’s look at the Form 4473 requirements under federal law.  The Form 4473 require a non-PO Box address when purchasing a firearm.  There are certain exceptions, and a variance may be requested under those circumstances.  However, for reasons I will discuss later in the article, I do not believe those apply here.

Turning to the AG’s website for the program, we see even more relevant detail.

In the description on that site, they note that “Currently private businesses and federal agencies are not required to accept a participant’s substitute address.”

Perhaps most importantly, the code section that governs the ACP is § 2.2-515.2 which states in subsection F that:

F. A program participant may request that any state or local agency use the address designated by the Office of the Attorney General as the program participant’s address, except when the program participant is purchasing a firearm from a dealer in firearms.

Since state law does not authorize the use of the ACP address for the purchase of firearms, the variance opinion linked above would not authorize a variance.

Therefore, a person in the ACP program with a PO Box on their Virginia ID document is currently prohibited from purchasing from a dealer unless they have a separate qualifying identification document containing their actual physical address.

Those impacted by this issue should reach out to their state and local representatives and ask that legislation correcting this issue be introduced.

Posted in 2A, ATF, ATF Guidance Letters, Federal Law, FFL Issues, Purchasing Firearms, Virginia Law | Comments Off on Buying a firearm while in the Virginia Address Confidentiality Program

Trust approval times continue to impress

I have written twice over the last several weeks about how the new ATF approval process is benefitting trust applicants as well as individuals, but I still have clients who want to see concrete examples.

This is an approval one of my clients received today (with all identifying information redacted of course).  It took two days for a trust approval.

For more information on the new process and how it is helping trust applicants, see the previous articles below:

SilencerShop confirms that approvals for trusts the ATF sees frequently are as fast as individual approvals

Why the new eForms processing rules are actually good news for trust applicants

 

 

 

Posted in ATF, BATFE, eForms, Form 1, Form 23, Form 4, NFA Transfers, NFA Trusts | Comments Off on Trust approval times continue to impress