In the near future, I intend to introduce legislation to align Title 18 with recent federal case law and protect Pennsylvanians’ 2nd Amendment rights.
 
Originally enacted in 1934, the National Firearms Act (NFA) established a federal taxation and registration system for silencers and other regulated firearms. These provisions were historically supported under Congress’ authority to levy taxes.  
 
As part of the One Big Beautiful Bill, Congress reduced the federal making and transfer taxes on silencers, short-barreled rifles and short-barreled shotguns to zero. Although the applicable taxes were reduced to zero, the corresponding registration and approval requirements remained in place.
 
Shortly after, several groups joined together and sued the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, claiming Congress had no power to impose the registration and approval requirements if there was no longer a tax on those items. A federal district judge in Texas agreed, and the court permanently blocked the ATF and federal government from enforcing the challenged provisions against parties in the case, their members and their customers.
 
Unfortunately, Pennsylvania is one of several states whose law poses an obstacle to those who are seeking to take advantage of that ruling as parties to the case. Current law penalizes possession of silencers, short-barreled rifles and short-barreled shotguns unless a defendant proves compliance with the NFA as an affirmative defense. This affirmative defense provision creates legal ambiguity when the federal requirements cease to exist.
 
My legislation would bring clarity to this section of statute and allow those in Pennsylvania who are covered by the recent injunction to take advantage of it and exercise their constitutional rights. Please join me in cosponsoring this important legislation.