GOA Endorses Boebert Bill to Eliminate $200 Tax on Automatic Weapons
Gun Owners of America endorsed Rep. Lauren Boebert's Freedom from Taxes Act of 2026 on Tuesday, which would eliminate the $200 federal tax stamp required for automatic weapons transfers. Boebert introduced the bill during the week marking the 40th anniversary of the Hughes Amendment becoming law in 1986. The Hughes Amendment banned the manufacture of new machine guns for civilian ownership, freezing the supply at roughly 175,000 transferable automatic weapons. GOA called the tax an unconstitutional burden on Second Amendment rights in their endorsement statement released Wednesday.
Background and Context
The National Firearms Act of 1934 imposed the original $200 tax stamp on machine guns, suppressors, and short-barreled rifles. That $200 equals roughly $4,400 in today's dollars, making it a prohibitive tax designed to restrict ownership. The Hughes Amendment to the Firearm Owners Protection Act went further, banning new machine gun production for civilians entirely. This artificial scarcity drove prices for transferable machine guns from thousands to hundreds of thousands of dollars. A transferable M16 now costs $40,000 or more. The Supreme Court's Bruen decision in 2022 established that firearm regulations must align with historical tradition, potentially undermining both the tax and the Hughes ban itself.
What This Means for Gun Owners
The bill would immediately eliminate the $200 tax on all NFA items, including existing transferable machine guns, suppressors, short-barreled rifles, and destructive devices. Current machine gun owners would save the tax on future transfers. However, the Hughes Amendment ban would remain in place, meaning no new machine guns could enter civilian circulation. The legislation does not address the underlying supply restriction that keeps automatic weapon prices astronomically high. Gun owners in all 50 states would benefit from suppressor tax elimination, as 42 states currently allow suppressor ownership. The ATF would lose approximately $200 million annually in tax stamp revenue based on current transfer volumes.
Industry Impact
Gun Owners of America praised the legislation as a step toward constitutional compliance, though they stopped short of calling for full Hughes Amendment repeal. GOA has historically supported complete elimination of the National Firearms Act. The National Rifle Association has not yet issued a statement on Boebert's bill. Suppressor manufacturers like SilencerCo and Dead Air Silencers would likely see increased sales without the tax barrier. Machine gun dealers expressed skepticism that tax elimination alone would significantly impact their market, given that the $200 tax represents less than one percent of typical transfer prices for automatic weapons.
What to Watch Next
The bill faces an uphill battle in the Democrat-controlled Senate, where Majority Leader Chuck Schumer has blocked similar pro-gun legislation. House Judiciary Committee Chairman Jim Jordan will likely schedule hearings on the bill within 60 days. ATF Director Steven Dettelbach is expected to testify against the legislation, citing revenue concerns and administrative burden. The Fifth Circuit Court of Appeals is simultaneously hearing Cargill v. Garland, which challenges the Hughes Amendment directly under the Bruen standard. Oral arguments are scheduled for September 15, 2026. A favorable ruling could render Boebert's bill moot by striking down the entire machine gun ban.
DownRange Bottom Line: Eliminating the tax stamp is good policy but treats the symptom, not the disease. The Hughes Amendment itself violates the Second Amendment and needs to die. Gun owners should support this bill while pushing for complete NFA repeal.
