The Senate Parliamentarian, Elizabeth MacDonough, has struck the Hearing Protection Act (HPA) and the Stop Harassing Owners of Rifles Today (SHORT) Act from President Trump’s Reconciliation bill.
The HPA would remove suppressors from the National Firearms Act of 1934 (NFA), and the SHORT Act would remove short-barreled rifles (SBRs), short-barreled shotguns (SBSs), and any other weapons (AOWs) from the NFA. This latest setback has frustrated gun owners who pushed to have both provisions included in the President’s “One Big Beautiful Bill.”
Ms. MacDonough has taken what some consider a political chainsaw to the Reconciliation bill, gutting much of Trump’s agenda from the bill, claiming that it violates the Byrd Rule.
The Byrd Rule states that only budgetary and tax issues can be addressed through the Reconciliation. The rule is named after former Senator Robert Byrd (D-WV). Many Republicans believed that changes to the NFA should be included in the bill, as the NFA is a tax law, as confirmed by the United States Supreme Court in 1937. Other provisions that MacDonough struck down included cuts to benefits for illegal immigrants.
“Let’s not mince words – the Senate Parliamentarian got this wrong,” said Knox Williams President and Executive Director of the American Suppressor Association. “Removing suppressors and short-barreled firearms from the NFA tax scheme directly impacts revenues and is unquestionably compliant with the rules of reconciliation. This seemingly politically motivated decision was undoubtedly influenced by fearmongering and disinformation by radical liberals and anti-gun activists. In stripping these provisions from the One Big Beautiful Bill, the parliamentarian has unilaterally overruled the majority of lawmakers in both chambers of Congress who would have voted to remove these critical hearing protection devices from this unconstitutional tax regime.
“The American Suppressor Association, alongside our Congressional allies and NGO partners, are exploring every available option and will provide updates as they happen.”
The Parliamentarian’s role is to advise the Senate. Republicans can choose to ignore her advice if they wish. Still, Senate Majority Leader John Thune has already stated that they are not willing to do that, claiming that would be akin to killing the filibuster. If Republicans do choose to ignore her advice, it wouldn’t be the first time the Senate has bypassed the Parliamentarian.
In 2013, under President Barack Obama, Senate Democrats disregarded the Parliamentarian’s advice and eliminated the filibuster for judicial nominations, except for those to the United States Supreme Court. The Senate would then expand on the issue, once again disregarding the Parliamentarian, by broadening the elimination of the filibuster to Supreme Court Justices.
Ms. MacDonough has held the position since 2012, when then-Senate Majority Leader Harry Reid (D-NV) appointed the Democrat to oversee the Senate.
The Parliamentarian serves at the pleasure of the Majority Leader and can be replaced at any time. Some Republicans have called for McDonough to be fired due to what they consider her overly political stance on the Reconciliation bill.
“How is it that an unelected swamp bureaucrat, who was appointed by Harry Reid over a decade ago, gets to decide what can and cannot go in President Trump’s One Big Beautiful Bill?” wrote Rep. Greg Steube (R-FL) on X.
“The WOKE Senate Parliamentarian, who was appointed by Harry Reid and advised Al Gore, just STRUCK DOWN a provision BANNING illegals from stealing Medicaid from American citizens,” added Sen. Tommy Tuberville (R-AL), also on X. “This is a perfect example of why Americans hate THE SWAMP.”
Others in the Senate, including the mastermind of the Bipartisan Safer Communities Act (BSCA), John Cornyn, have vowed to rewrite the section dealing with the HPA and SHORT Act to match the original text that would have been more closely aligned with the House of Representatives version. That version would keep suppressors on the NFA but remove the $200 tax stamp. The Senate would need to add AOWs, SBRs, and SBSs to the bill, which were absent from the House version.
The Democrats in the Senate have already vowed to fight the reduction of the tax stamp fee. It might fall to the Parliamentarian again to see if that satisfies the Byrd Rule.
About John Crump
Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @crumpyss, or at www.crumpy.com.
