This Act repeals the federal transfer tax on certain firearms and clarifies that it does not grant the Consumer Product Safety Commission authority over firearms.
Tom Cotton
Senator
AR
The Repealing Illegal Freedom and Liberty Excises (RIFLE) Act eliminates the federal transfer tax previously imposed on certain firearms. This legislation repeals Section 5811 of the Internal Revenue Code and updates related tax provisions accordingly. The Act explicitly clarifies that it does not grant the Consumer Product Safety Commission any new oversight authority over firearms.
The aptly named “Repealing Illegal Freedom and Liberty Excises Act,” or RIFLE Act, is a short, sharp bill aimed squarely at removing a specific federal tax on firearm transfers. Specifically, Section 2 completely wipes out Section 5811 of the Internal Revenue Code of 1986. This section imposed a tax whenever certain regulated firearms—often those falling under the National Firearms Act (NFA) like short-barreled rifles or machine guns—were legally transferred from one person to another. The bill takes effect for any transfer happening after the law is signed, meaning that financial hurdle for moving these specific types of weapons is immediately gone.
For most people, the immediate impact of repealing the Section 5811 tax is purely procedural, but for those involved in the niche market of NFA items, it’s a direct financial benefit. Think of a collector or a dealer moving a regulated item: previously, that transfer involved a federal tax stamp, which acted as both a revenue source and a procedural friction point. By eliminating this tax, the bill removes a cost associated with the transfer process. Section 2 also includes necessary housekeeping across the tax code, updating sections like 4182(a) and 5852 to make sure they no longer reference the now-defunct tax, cleaning up the books to reflect the change.
Beyond the tax repeal, Section 3 contains a significant rule of construction that clarifies what this law doesn't do. It explicitly states that the RIFLE Act does not grant the U.S. Consumer Product Safety Commission (CPSC) any new authority over firearms already regulated under Chapter 53 of the Internal Revenue Code. The CPSC is the agency that handles recalls and safety standards for everything from cribs to power tools. This provision ensures that even as the tax code is changed, the CPSC is prevented from stepping in to regulate firearms as consumer products, keeping jurisdiction firmly away from a consumer safety body. For those concerned about federal overreach, this is a clear win for maintaining the status quo of firearms regulation under existing agencies, primarily the Treasury and Justice departments. However, for those who believe firearms should be subject to the same consumer safety standards as other products, this provision closes the door on that possibility.
While the tax itself might not have been a massive revenue generator, the removal of the financial friction point is the key takeaway here. When any regulatory step—even a tax—is removed, it generally makes the process of acquiring or transferring the regulated item easier. For dealers and collectors of NFA items, this simplifies their transactions. The broader impact lies in the signal this sends: a move toward deregulation and reduced financial barriers in the realm of specific, regulated firearms. This bill is a clear example of policy that, while narrowly focused on a tax code section, has implications for the regulatory landscape and who gets to set safety rules for these products.