In the near future, Representatives Kerwin, Hamm, Kephart, Bernstine, and I intend to introduce legislation to clarify firearm rights for residents of this Commonwealth.

Recently, the United States District Court for the Northern District of Texas issued an opinion in Silencer Shop Found. v. BATFE (2026), finding several provisions of the National Firearms Act (NFA) governing silencers, short-barreled rifles, and short-barreled shotguns unconstitutional as applied to the parties covered by the court’s order.

Historically, the NFA’s registration and approval requirements were justified as measures supporting the collection of a federal tax.  Following enactment of the One Big Beautiful Bill Act, however, the tax imposed on the making and transfer of these items was reduced to $0.  The court concluded that, without a tax to assess or collect, the challenged requirements could no longer be sustained as an exercise of Congress’s taxing power.   

Although the court’s injunction is not nationwide, its decision has created significant uncertainty for Pennsylvania residents seeking to lawfully acquire or possess these items. Pennsylvania, like several other states, independently regulates certain firearms and related items as “prohibited offensive weapons” under Title 18. At the same time, current Pennsylvania law provides an affirmative defense when an individual can establish, by a preponderance of the evidence, that they complied with applicable NFA requirements.  Consequently, the availability of a defense under Pennsylvania law may depend upon compliance with federal requirements that a court has now declared unconstitutional and enjoined from enforcement against certain individuals. 

Pennsylvania’s laws governing the exercise of a fundamental right should be clear, consistent, and readily understood.   Law-abiding residents should not face potential criminal liability under Pennsylvania law because of uncertainty surrounding federal requirements that may no longer be enforceable against them.  This legislation will clarify the interaction between Pennsylvania law and the NFA and ensure that Commonwealth residents are not required, as a condition of lawful possession under State law, to comply with federal requirements that have been declared unconstitutional or otherwise unenforceable. 

Please join us in co-sponsoring this important piece of legislation.