It Is Only A Matter Of Time

The One, Big, Beautiful Bill passed the House today and will be sent to President Trump’s desk for signature. He wanted it before the 4th of July and he got his wish. The vote was 218-214 with two Republicans, Tom Massie (R-KY) and Brian Fitzpatrick (R-PA), joining all the Democrats in voting against the bill.

Sec. 70436 of the bill removed the transfer and making taxes on silencers, short barreled rifles, short barreled shotguns, and any other weapons. The $200 tax is retained for machineguns and other destructive devices. The effective date will be the beginning of calendar quarters 90 days or more after the enactment of the bill. If I am calculating that correctly, then the tax goes to zero on January 1, 2026 given we have already started the 3rd quarter of 2025.

Once President Trump signs the bill then the real fun begins. The NRA, the American Suppressor Association, the Firearms Policy Coalition, and the Second Amendment Foundation issued a joint statement today stating their intention to sue.

SAF Executive Director Adam Kraut had this to say:

“The NFA is nothing more than a tax scheme which has imposed an unconstitutional burden on Americans since 1934,” said SAF Executive Director Adam Kraut. “The registration of these items was only justified as the means to ensure taxes on them had been paid. With the One Big, Beautiful Bill zeroing out the tax for silencers and short barreled firearms, the registration scheme serves no other purpose than to create an unlawful barrier to keep people from exercising their Second Amendment rights. Our intention with this new lawsuit is to completely remove these barriers.”

UPDATE: The NRA just released these statements from President Bill Bachenberg, EVP Doug Hamlin, and ILA Director John Commerford.

“NRA worked throughout the reconciliation process on Capitol Hill to protect and strengthen the right to keep and bear arms,” said NRA President Bill Bachenberg. “Elections have consequences, and thanks to pro-gun majorities in both the House and Senate, American gun owners are seeing real results. A new era has begun in Washington, D.C., and the NRA is deeply grateful for President Trump’s unwavering support for our constitutional freedoms.”

“Congress has delivered a game-changing victory for gun owners – reducing the cost of a tax stamp for suppressors, short-barreled firearms, and ‘any other weapons’ to $0,” said Doug Hamlin, NRA Executive Vice President & CEO. “I thank the many NRA members and gun owners who contacted their Senators and Representatives urging them to protect Second Amendment rights. NRA looks forward to President Trump signing the One, Big, Beautiful Bill into law and building on his legacy as a champion for law-abiding gun owners.”

“Congressional Republicans took action to eliminate a nearly century-old punitive tax designed to discourage the lawful purchase and possession of constitutionally protected arms,” said John Commerford, Executive Director of the NRA Institute for Legislative Action (NRA-ILA). “NRA-ILA applauds the leadership in both chambers for getting the One, Big, Beautiful Bill to President Trump’s desk. While removing the tax is a significant step forward, it is only the beginning. We remain committed to our ultimate goal: ending the unconstitutional National Firearms Act.”

Learning From The Gun Prohibitionists

Lee Williams aka The Gun Writer has a post up today about a new anti-gun group called “Legislators for Safer Communities.” It is about gun prohibitionist legislators in 43 states coming together to form a coalition to work for gun control. What struck me about this story was not yet another astroturf gun control organization being formed. Rather that it was being supported by all the major gun prohibitionist groups.

From their press release:

Legislators for Safer Communities will serve as a hub for collaboration, partnership, shared resources, strategy, research, and peer networking. The coalition will work in partnership with Brady, Community Justice, Everytown, GIFFORDS, and March For Our Lives.

You have Brady, you have Everytown (and presumably their subgroups), and you have the Cult of Personality known as Giffords. While they take different approaches, they are all on the same page in fighting firearms rights, promoting the monopoly of violence by the state, and seeking more control over our lives.

Unfortunately, too many in the pro-rights community don’t play well together whether through philosophical differences or mere jealousy. One need not look too hard to find examples of that.

Here in North Carolina, a bill to allow permitless concealed carry which came from Grass Roots North Carolina and Gun Owners of America was killed when the NRA objected to it due to a provision that required a class on the use of deadly force. The bill was certainly not perfect and that provision was a requirement from House Speaker Tim Moore to move the bill. The thinking by its backers was that moving the bill was more important than the objectionable provision which might well be removed later.

The actual question was whether the NRA objected to the bill because of the provision or because it had not originated with them. This mindset has driven me up the wall for years. Unlike the Second Amendment Foundation and the Firearms Policy Coalition, I rarely see the NRA join with other groups as co-plaintiffs in cases. This needs to change! Resources are finite and are even more so now that the NRA has spent almost $200 million on Bill Brewer’s legal “services”.

If I am elected to the NRA Board of Directors, I plan to be a voice for working with other groups. It should not matter if the group is NRA affiliated or not. Coalitions need to be formed with groups like GRNC, Virginia Citizens Defense League, AzCDL, Commonwealth 2A, and the list goes on. The NRA should work with these groups on the state and local level just as much as they do with their affiliates so that NRA-ILA can do more within the halls of Congress with the resources they have. Sad to say but the non-NRA state affiliates are often more effective and more resolute in their push for gun rights.

Litigation needs to be coordinated where possible with SAF, FPC, NSSF, and the various foundations like the Mountain States Legal Foundation. You see it somewhat on amicus briefs but it needs to go beyond that. I remember reading about then NRA President Charles Cotton complaining about all the 2A cases brought by other plaintiffs after the NRA’s win in Bruen. The complaint should not have been that these groups were bringing cases based upon the Bruen decision but rather that the NRA had failed to follow up on its own win. Smaller organizations like SAF and FPC are always nimbler and inertia is always a problem with a larger, more bureaucratic, organization like the NRA. The smart thing would have been to give support to the nimbler organizations by either being co-plaintiffs or even funders of their efforts instead of just whining about it.

Everyone and every organization wants to get the credit for a win. That is understandable. However, is it more important to get the credit or get the win for firearm rights and freedom?

I know where I stand.

Henry Repeating Arms Steps Up

Henry Repeating Arms, makers of some of the nicest lever action carbines, rifles, and shotguns on the market today, has stepped up its support for Second Amendment groups. As part of their “Guns for Great Causes” charitable campaign they presented checks totaling $75,000 to the Second Amendment Foundation, Firearms Policy Coalition, and Gun Owners of America at the recent SHOT Show.

Henry VP Dan Clayton-Luce presents check to SAF
Henry VP Dan Clayton-Luce presents check to GOA
Henry VP Dan Clayton-Luce presents check to FPC

The founder and CEO of Henry Repeating Arms had this to say regarding the donations:

“Henry Repeating Arms will never back down when it comes to supporting the individuals and organizations that work tirelessly to fight back against the political degradation of law-abiding Americans’ right to keep and bear arms,” said Anthony Imperato, CEO and Founder of Henry Repeating Arms. “Just like our Constitution, these organizations belong to and for the people. They have our backs, and we will always have theirs.”

I never had shot a Henry before Range Day. I got to shoot one of their side-gate loading lever actions in .360 Buckhammer. I was impressed with how smooth it was to throw the lever-action on that carbine. It was like cutting through butter. It was much smoother than a Rossi I shot later that morning.

I think it is instructive where Henry Repeating Arms put their money in the fight for the Second Amendment. While all three are national groups, they aren’t that other national group. I think the industry as a whole is wising up and putting their contributions where it will do the most good for gun rights.

ATF Training Simulator

As you may be aware, the new rules regarding the definition of frames and receivers went into effect yesterday. Also in the news is that BATFE Special Agents are now showing up on the doorstep of people that bought the forced reset triggers from Rare Breed to confiscate those triggers. These “visits” are without warrants with the implied threat that if you don’t cooperate, they will be back with a search warrant and tear your house to pieces.

With this as a background, I found the Firearms Policy Coalition tweet a very good spoof and effective fundraising. Their social media manager is on top of his or her game!

You Would Not Have Seen This In 2018

I received a press release earlier this week from Roy Hill of Brownells. Reading through it I was struck that this was not something you would have seen in earlier times. Bear in mind that Pete Brownell served as president of the NRA from May 2017 until May 2018 and was an officer and member of the board prior to that.

The release was about a donation made by Brownells to the Firearms Policy Coalition.

Brownells is proud to announce it has become a Benefactor Member of the Firearms Policy Coalition Constitution Alliance.

Brownells joins other well-known firearms industry companies such as Daniel Defense and Silencer Shop to stand with the Firearms Policy Coalition in defense and support of constitutionally-guaranteed Second Amendment rights for all Americans.

Founded in 2015, the FPC’s main mission is to protect and defend constitutional rights—especially the right to keep and bear arms— often by filing lawsuits against egregious anti-gun-rights laws and regulations.

Recently, FPC filed a lawsuit challenging the unconstitutional New Jersey restrictions and local practices that prevent its residents from exercising their right to carry loaded handguns in public for self-defense. Additionally, FPC has recently filed lawsuits in Nevada, Massachusetts, Minnesota, Illinois, and Tennessee.

“FPC has stood in the Breach to defend our 2A rights for years. They have stacked up an impressive list of legal wins that keeps the individual right to bear arms alive in America,” said Brownells Chairman Pete Brownell.  “Now is the time to double down in supporting our Second Amendment Rights by supporting FPC.”

“It is an honor to have earned the support of Pete Brownell and the Brownells family,” said FPC president Brandon Combs. “Brownells is not only a world-class supplier of constitutionally protected products, it is an institution in our culture. Because of the generous support of our individual FPC Grassroots Army members and growing family of Constitution Alliance benefactors, like our friends at Brownells, our FPC Team is able to aggressively address important issues and protect individuals’ rights, freedoms, and property without hesitation. FPC will proudly continue to Fight Forward for the People and their rights, liberty, and property.”

So far in 2021, Brownells has donated around $175,000 to the FPC.

As I see it, the move by Brownells is an indication of two things. First, it is a testimony to how far the FPC has come in a short time. Second, and what really struck me, is that Brownells which has a long history with the NRA has chosen to send their money elsewhere.

Perhaps I’m mistaken but I see this as a way for Brownells to continue their support for the Second Amendment while distancing themselves from the NRA and all of its self-inflicted problems.

Schrödinger’s NRA

Normally I would call this post “Tweet of the Day”. However, I found the title in Rob Romano’s tweet too good not to use.

Rob is the creator of the invaluable Gun Case Tracker which follows virtually every 2A related case at the Federal and state level. He is also the Community Communications Director for the Firearms Policy Coalition.

For those of us in the gun rights community, the acronym NRA means the National Rifle Association. For anti-gun politicians and the media, it is shorthand for both the National Rifle Association and every other gun rights group. Given their top-down approach, it is hard for them to conceive that the largest organization doesn’t control everything. It is also hard for them to conceive that the grassroots can actually make their voice heard without a lot of prodding from the folks in Fairfax.

Here are the pair of great tweets from Rob:

Tweet Of The Day

The tweet of the day comes from the Firearms Policy Coalition with the reminder that tonight is the last time to make your voice heard on pistol braces.

Make sure to turn up your volume.

FPC Explains ATF Actions

The Firearms Policy Coalition has posted a long Twitter explanation of what the withdrawal of the ATF’s Request for Comment may mean as well as digging deeper into the language used in both the withdrawal and the original document. It is well worth a read to comprehend what we are facing.

FPC Has Perceptive Comment On ATF Blinking

The Firearms Policy Coalition, in their note on BATFE withdrawing their Request of Comment had a very perceptive on it that needs to be read. I think they are absolutely correct that BATFE may very well come back with something even worse.

While the ATF is apparently withdrawing this particular “guidance” at this time, the matter is still “pending further Department of Justice review,” which could lead to ATF taking different and potentially far more aggressive actions in the near future, especially under a Joseph Biden-led administration. Rather than publishing guidance, or conducting a rule-making process with notice and comment under the Administrative Procedure Act, such as the Trump Administration engaged in for its ban on bumpstock-type devices, the ATF and DOJ may simply begin to prioritize enforcement actions based upon their clearly erroneous and dangerously broad reading of the law, such as by arresting and prosecuting those who merely possess a stabilizing brace-equipped handgun.

“The National Firearms Act and Gun Control Act, along with their regulations, clearly state objective criteria as to whether a firearm is a short barrel rifle, short barrel shotgun, or any other weapon,” explained Adam Kraut, FPC’s Director of Legal Strategy. “It remains evident that ATF’s policy preferences are hostile to law-abiding Americans and the agency’s schizophrenic approach to addressing these issues places individuals at risk of prosecution for simply following and relying on guidance from the agency.”

“The ATF’s withdrawal of their proposed guidance should be the end of the road for this assault on lawful accessories and law-abiding gun owners, but we know better. FPC will continue to carefully monitor and evaluate ATF policies and enforcement practices for violations of the law and our Constitution, and as we have before, rapidly respond with forceful and appropriate action,” concluded Kraut.