HR.1 (ONE BIG BEAUTIFUL BILL ACT) UPDATES REGARDING NFA ITEMS
The most recent federal budget bill has been signed into law and includes provisions affecting items regulated under the National Firearms Act (NFA), such as suppressors, short-barreled rifles (SBRs), short-barreled shotguns (SBSs), and “any other weapons” (AOWs). The SHORT Act and Hearing Protection Act (HPA), which would have fully removed these items from the NFA, were removed from the final bill. However, the $200 tax stamp previously required for these items has been reduced to $0.
In short, beginning January 1, 2026, purchasers of suppressors, SBRs, SBSs, or AOWs will no longer need to pay the $200 transfer tax.
However, the fight is not over. These items remain regulated under the NFA, meaning you must still complete the full ATF Form 4 process, including submitting fingerprints, a photograph, and the necessary application paperwork. While this change eliminates the financial barrier of the tax, it could pave the way for future legal challenges aimed at removing NFA regulations entirely.
Our friends over at SilencerShop summarized it well:
WHAT THIS MEANS FOR GUN OWNERS
- Free Tax Stamps Start January 1, 2026: Suppressors, SBRs, SBSs, and AOWs will still go through the NFA process, but without paying the $200 tax.
- Public Lands Preserved: Early fears of public hunting land being sold off were addressed before final passage.
- ATF Forbearance Possible: While not confirmed, there are rumors the ATF may allow free submissions before the effective date.
- Registry, Forms, and Wait Times Stay—for Now: This isn’t full deregulation. Fingerprints, eForms, and approvals are still required.
- NFA Reform Momentum is Real: Although the Byrd Rule blocked full repeal, the successful $0 stamp opens an opportunity to attack the NFA in the legal system.
- We’re Gonna Sue: The NFA has discriminated against gun owners for nearly a century, its time for it to end. We’re launching a legal attack to repeal the NFA.
READ MORE FROM SILENCERSHOP
- https://www.silencershop.com/zero-nfa-tax-stamp
- https://www.silencershop.com/blog/hearing-protection-act-2025
YOUR RIGHTS AND WASHINGTON’S GUN LAWS
Washington’s Legislature has full authority to pass firearm-related laws through the normal legislative process which DOES NOT require the vote of the people (HB 1240/HB 1143/SB 5078). There is NOTHING currently preventing Washington State from enacting their own “tax” or administrative fees for “background checks” on suppressors. Washington State could very easily decide to pass legislation charging any amount through the department of licensing, much like they already have for normal firearm purchases.
✅ Laws Lawmakers Can Pass Without Voter Approval:
- Most laws: The legislature can pass most types of legislation—criminal laws, civil laws, tax changes, budget bills, regulations, etc.—through the normal legislative process:
- Bill passes both chambers.
- Signed by the governor (or passed over veto).
- This includes:
- Taxes (although political pressure may exist).
- Fees and fines.
- Criminal penalties.
- Environmental regulations.
- Education funding.
- Healthcare laws.
- Public safety laws.
- Transportation policies.
- Once passed, these laws usually take effect 90 days after the legislative session ends, unless they contain an emergency clause.
⚖️ Typical Legal Justifications for Upholding Suppressor Bans:
1. Suppressors Are Not “Arms” Protected by the Second Amendment
- Courts consistently rule that suppressors are accessories, not “arms” themselves.
- They argue the Second Amendment protects weapons in common use for self-defense, not accessories or non-lethal items.
- Example Reasoning: “A suppressor is not a weapon in itself; it is merely a firearm accessory that is neither necessary nor integral to the core right of armed self-defense.”
- Courts frequently cite U.S. v. Cox (10th Circuit, 2019) and similar cases that take this approach.
2. Suppressors Are Considered “Dangerous and Unusual” Devices
- Under District of Columbia v. Heller (2008), “dangerous and unusual weapons” can be restricted.
- Courts sometimes characterize suppressors as dangerous or unusual, since:
- They can obscure gunfire location.
- Historically associated with criminal use.
- Rare among the general population (especially in states with bans).
- Courts argue that because suppressors are highly regulated federally (since 1934), they fall outside of Second Amendment protection.
- Judges may also note their use in “poaching or assassination” in historical contexts.
3. Longstanding Regulatory Tradition / Historical Analogs
- Post-Bruen, courts must examine whether a law fits within the nation’s historical tradition of gun regulation.
- Suppressor bans have been defended by pointing to:
- Early 20th-century laws regulating mufflers, silencers, and similar devices (starting with the 1934 NFA).
- Historical laws limiting concealed weapons and unusual devices.
- While suppressors weren’t common at the time of the Founding, courts have accepted early 20th-century restrictions as valid “historical analogs.”
- Courts also accept that noise regulations and public safety rules have long been part of firearm restrictions (e.g., “trap guns,” concealed weapons).
4. Public Safety Justifications (Narrower Post-Bruen, but Still Used)
- While Bruen says courts can’t rely on generalized “public safety” arguments alone, judges still weigh suppressor bans under historical traditions of public safety-focused regulations.
- Courts note suppressors can:
- Make crimes harder to detect.
- Increase risks to law enforcement and the public.
- Be misused to commit ambushes or mass shootings.
- In states like California, public safety is cited alongside historical tradition to justify bans.
PURCHASING A SUPPRESSOR
The process for purchasing a suppressor has not yet changed as a result of this bill. Buyers are still required to pay the $200 tax stamp and complete the ATF Form 4 application process, including all associated documentation. If you’re considering owning a suppressor, we recommend making your purchase now—before the Washington Legislature potentially reacts with further restrictions on NFA items.
For more information about purchasing or transferring NFA items through our store, click here.
Updated: 7/6/25