Senator Murphy Proposes Raising Tax Stamp Fees to $4709

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Senator Chris Murphy (D-CT) has entered an amendment to the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act (H.R.3944) to raise the National Firearms Act of 1934 (NFA) tax stamp fee on all regulated items to $4709.

The move comes after Republicans lowered the tax stamp fee to $0 for suppressors, short-barreled rifles (SBRs), short-barreled shotguns (SBSs), and any other weapons (AOWs) during the reconciliation process. During negotiations over the so-called “one big, beautiful bill,” Sen Murphy proposed a $1 tax stamp fee instead of a $0 charge. The likely reason for the pushing of the $1 fee was to try to head off lawsuits. A tax must have a revenue-raising purpose to be constitutional. Since a $0 tax stamp generates no revenue, the government will struggle to defend the tax in court.

Sen. Murphy argues that the original $200 fee, set in 1934, is too little in today’s dollars. He adjusted his proposal for inflation to reflect what $200 would be in today’s funds. He is using the tax fee in a manner similar to how Congress did in the first half of the 20th century.

In 1934, the tax stamp fee wasn’t implemented to generate revenue. It was added to the NFA to create a barrier for the non-wealthy to acquire NFA-regulated items. Sen. Murphy’s proposal, if passed, would disproportionately affect working-class Americans. The same Americans that the liberal member of Congress claims to represent. It would establish a two-tiered system for the Second Amendment, where the rich will be able to exercise rights that the middle class and those in poverty cannot afford financially.

The amendment might not be allowed under Senate Standing Rule XVI. The Senate rule says that an amendment must be relevant to the subject matter of the underlying appropriations bill. The Military Construction, Veterans Affairs, and Related Agencies Appropriations Act doesn’t have any non-military component. The NFA is regulated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and is a tax law. The Amendment should be rejected as a violation of the rules.

Even if the Democrat does get the seal of approval from the Senate Parliamentarian, it is unlikely to get enough Republican votes to be added to the bill. Many think this is political theater because the tax stamp fee was lowered to $0.

This isn’t the first time Democrats have tried to use taxes to curtail the Second Amendment-protected rights of Americans. The tactic goes back decades to the NFA itself. More recently, in 1993, Senator Daniel Patrick Moynihan (D-NY) proposed a 10,000% tax on hollow-point bullets. He claimed that these rounds were “cop killers” capable of piercing body armor. In 2015, Rep. Danny Davis (D-IL) proposed a new 20% tax on firearms and a 50% on ammunition. This new tax would be in addition to the current 11% excise tax. Four years later, Sen. Elisabeth Warren (D-MA) would propose the same tax, but instead of a 20% tax on guns, she would place the rate at 30%. In 2021, Rep. Hank Johnson (D-GA), who famously once worried that Guam might capsize if too many people were on the island, reintroduced Rep. Davis’s firearms and ammunition tax plan.

Even former-President Joe Biden tried to use taxes to attack the fundamental right of Americans to keep and bear arms. While a senator from Delaware, Biden would propose adding so-called “assault weapons” to the NFA. If his push were successful, most semi-automatic rifles would be subject to additional taxes and registration with the ATF. Luckily for gun owners, his attempt failed only to see Rep. Don Beyer (D-VA) try to add a 1,000% tax on semi-automatic rifles in 2022. This attempt also failed.

Although all attempts by Democrats to add overly burdensome taxes to firearms and ammunition have failed, they are not giving up. Gun owners will have to continue to fight back and urge their representatives in Washington to hold the line.


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.


John Crump

John Crump

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