Could Trump use an Executive Order to make suppressors legal without Tax Stamp?

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Aim1

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Could President Trump use an Executive Order to make suppressors legal without a tax stamp and only an on-scene background check like the Hearing Protection Act requires?

If this was possible and someone said,"Well, the next president could just go back to the old way with tax stamps and a 6 month waiting period." that's true, but by then there would be thousands of new suppressor owners out there and thousands of suppressors.
 
No. The Tax provision for suppressors as well as short barreled rifles, short barreled shotguns and machine guns was created by Congress. I would guess that he might be able to (but unlikely) “wave” the tax stamp, but only Congress can actually repeal or modify that portion of the GCA.
 
Look, I know you guys are feeling your oats right now ("it is as though every one of us has been elected president" --coverage of Obama 2008) but for Pete's sake; the man is not a king or a magician, so quit immediately looking to him alone for your every desire. There is a very real, very serious congressional effort to address this exact silencer issue that is gaining support rapidly right now, and could really use your help to increase its backing. This is the proper way to go about correcting our laws, and yes it is difficult; but that is because doing it that way is both permanent and just as hard (if not harder at this point) to overturn by our opposition at some later date.

If Trump magically made silencers unregulated by fiat, not one senator would stick his neck out trying to get the Hearing Protection Act passed, gun owners would go home satisfied to play with their new cans, and 4-8-12 years later a Democrat or anti-gun Republican gets elected, and suddenly all those changes are undone in an instant, and there is no longer an effort in place to oppose it. The easy way is for suckers (and sycophants)

BTW, the only way Trump could 'deregulate' silencers would be to declare he would no longer pursue federal charges against those in possession ("deferred action" that we've come to know so well). Basically yet another endorsement of lawlessness that erodes our system of law & justice even further. Let's do it the right way, and pass legislation that modifies the previous bill into something reasonable that we can build upon.

TCB
 
I agree it is gettng old seeing can Trump do this or whatever by a wave of his wand. I am glad he was elected over her too but if his first couple days are any indication of his presidency look out he may not have any support to pass anything. I suggest writing your congressmen and voicing your opinions and desires.
 
No. Silencers are regulated as they are because of the exact text of the National Firearms Act of 1934.

A president has no power to reverse a standing law, by Executive Order or by any other such means.

Even if he was to direct his branch (the Executive branch that includes federal law enforcement) to not actively pursue prosecution of anyone caught with and unregistered silencer, it would not make then LEGAL. Just as the somewhat relaxed prosecution of marijuana offenses under Obama's reign didn't make pot legal, either.

Executive Orders are pretty limited in what they can do, in that they only are instructions to the Executive Branch.

If Trump had the power to change the NFA by EO, then Obama would have had the power to ban AR15s like he so wanted to after Sandy Hook.

Neither could or can.
 
I was told by a senior ATF inspector that removing silencers from the NFA needs to be done through IRS code, not the GCA. Apparently it's called a tax stamp for a reason.
 
Thank you Sam and barnbwt for your insights. BTW, my gunsmith told me Saturday (since I am in the market for an AAC 762 SDN) that, if I pay my tax stamp now, and Congress changes the act between when I pay and when I receive the tax stamp/supressor, I can have my fee repaid to me. I don't know if that's true, but it sounds good!
 
Executive Orders are pretty limited in what they can do, in that they only are instructions to the Executive Branch
I think of them as shuffling the order of people in line for the gallows; they're all condemned, but I *guess* you'd never hang if you keep getting bumped back, but there's no guarantee of it.

I was told by a senior ATF inspector that removing silencers from the NFA needs to be done through IRS code, not the GCA. Apparently it's called a tax stamp for a reason.
It is a tax; that doesn't make it an IRS issue. IRS neitger handles nor enforces the NFA taxes (though they could, which is part of the argument behind dissolving the ATF into the FBI and IRS). As the name implies, NFA tax issues are solely at the direction of the 1934 Natl Firearms Act; that is the language that must be replaced or mooted for any change to occur. It's not a regulatory issue.

TCB
 
Man has been in office for 48 hours. There will be plenty of time to speculate on how he will do over the next 4 years.
 
I was told by a senior ATF inspector that removing silencers from the NFA needs to be done through IRS code, not the GCA. Apparently it's called a tax stamp for a reason.
If you look up the NFA you will see that it indeed is written into the tax code. It is a tax. Congress would have to rewrite the NFA law to remove the tax and procedure for paying it.
 
The President doesn't have that kind of authority and we should be counting our blessings that Obama was restrained by it.

Let's stop trying to make our Executive Branch leader an all powerful King and instead use OUR power in Congress to write better law. Then the President has no option (as in this case) to issue an Executive Order interfering with our Rights.

Be careful what you ask for - in the long run it becomes the stick the opposition party uses on us.
 
As much as I would like to see NFA go away Im just glad to know that the subject is open for debate. If we are fortunate the legislation will make it to our Presidents desk. If not we are still better off and will hopefully have another opportunity later maybe even attached to some Democrats must pass pork barrel project bill. Lets face the fact that common sense does not seem so common in Washington, D.C.
 
Obama did plenty of law bypassing by reinterpreting rules and executing as he saw fit.

Trump could probably do the same, but I'd not like to see that. Do it the right way, through Congress.

Save those executive orders to rescind Obama's executive orders.
 
Executive Orders only apply to the President's Cabinet. They are NOT "laws". Only Congress may pass laws per the U.S. Constitution. Of course we just spent 8 years watching Obama violate this and no one lifted a finger to stop him. He also loved to sign Bills passed by Congress and then write a "signing statement" on the reverse side stating that although it was now a law it did not "apply" to him or his cabinet. George W. did this as well. Hundreds of times. Obama did it thousands of times. If we do not hold these politicians accountable they will try to get away with murder. And they have.
 
BTW, the only way Trump could 'deregulate' silencers would be to declare he would no longer pursue federal charges against those in possession ("deferred action" that we've come to know so well). Basically yet another endorsement of lawlessness that erodes our system of law & justice even further.

IMHO this would be by far the worst possible way. We'd be in the same boat as the marijuana growers and dispensaries are now, looking over their shoulders for DEA raids. Would Trump/Sessions reverse this Obama action? I sure hope not, too much distraction, I say let the dopers have their dope and let us have our guns, ammo, and suppressors -- every one be happy, and work together to Make America Great Again!

Actually this could be the vehicle for compromise to pass National CHL Reciprocity and HPA, in exchange for these, we remove marijuana from the DEA schedule leaving it totally up to the States. The big banks would be on board as they'd love to get their cut from handling the marijuana cash flow.

Compromise built this nation, let's start doing it again!
 
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It sure appears that many people slept through Civics class

Don't think they even teach it any more since *we* slept through the liberal/socialists taking over the educational institutions! Can't easily manipulate the heard with emotion if they understand the way our constitutional republic is supposed to work.
 
Obama signed more executive orders than any Presidents. He and his family also spent more tax dollars on lavish vacations. Obama played more Golf and made more beer in the White house basement.
Obama left Washington making more taxpayers happy then any other past President. :D
 
Sam1911, you beat me to the punch, only you put it more succinctly than I could. Executive Orders are limited in scope.
 
We were all up in arms about Obama because he made laws without congress. Now we want Trump to do the same thing just because the law is a law we like?
 
Actually, there is a way that Trump could make suppressors legal without a tax stamp. He has authority under the GCA '68 to declare a series of 90-day amnesties. We usually think of this as applying to machine guns, but there is no reason this couldn't apply to suppressors as well. In fact, it could be easier for suppressors since they are not subject to the May 19, 1986, cutoff date put in place by FOPA. And amnesty registration is free (not subject to the $200 tax).

However, this would be an individual thing and would not help the commercial suppressor market. Someone amnesty registering a suppressor would, in effect, be confessing to a crime. (A crime that would not be prosecuted, but might be on the person's record.) It is not clear that a trust could amnesty register an item, since the crime relates to possession by a natural person.
 
No, Trump can't legalize cans with the wave of a pen.

I'm somewhat optimistic about the chances of the Hearing Protection Act passing, what with it being supported by the NRA and the American Suppressor Association.

However, nothing will happen if your elected representatives don't hear from you. If you haven't called your House Representative to urge them to support H.R.367 - Hearing Protection Act of 2017 and your Senators to urge them to support S.59 - Hearing Protection Act of 2017, please take ten minutes out of your day today to do so.

If that's too much effort, the NRA has a website you can use that will automatically send an email to your rep and senators for you. Just go here and fill out the information:
https://act.nraila.org/takeaction.aspx?AlertID=1422
 
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