U.S. Senator Steve Daines, who represents Montana in the U.S. Senate, has joined Representative Andrew Clyde of Georgia in sending a letter to the Department of Justice (DOJ). The letter urges the DOJ to adopt the interpretation of lawmakers who drafted a provision in the One Big Beautiful Bill Act that eliminated the $200 National Firearms Act (NFA) excise tax on suppressors, short-barreled rifles, short-barreled shotguns, and other specified weapons. The lawmakers are calling for an end to DOJ support for what they describe as an unconstitutional NFA registration regime.
The letter states: “We write to inform the Department of Justice of Congress’s position and intent regarding ongoing litigation challenging the National Firearms Act’s (NFA) registration and transfer requirements for non-taxed NFA firearms, following the enactment of President Trump’s landmark Second Amendment victory in the One Big Beautiful Bill Act (OBBBA). In enacting this bill into law, Congress affirmed its position that the taxation and registration provisions of the National Firearms Act are inseparably linked, and it expressed its intent to repeal the NFA’s registration and transfer requirements by eliminating the associated taxes on certain firearms and silencers. In light of the Department’s recent filing opposing this interpretation, we must express our serious concern and disappointment that the Department of Justice has chosen to advance a theory that not only conflicts with Congress’s express intent but also disregards the constitutional structure upon which the NFA has rested since 1934. Therefore, we again urge the Department of Justice to adopt and advance Congress’s stated position in all litigation concerning these provisions, to ensure that congressional intent is accurately represented and upheld before the courts.”
The letter continues: “In fact, when Congress reduced the Obamacare penalty to $0 during President Trump’s first term, the Department of Justice refused to defend the underlying flawed law. The Department is fully empowered to decline to defend statutory provisions that no longer rest on a valid constitutional basis. It has exercised that authority before, and it must do so again here – this time in defense of Americans’ Second Amendment rights.”
Senator Daines played a role in including language in the One Big Beautiful Bill Act that removed for the first time ever a $200 excise tax on certain types of firearms. According to those involved with drafting this provision, their goal was also to eliminate related transfer and registration requirements under federal law for these weapons. However, despite this legislative intent, DOJ continues defending what is now a zero-dollar tax as constitutional.
Daines is serving his state as U.S. Senator from Montana since 2015 according to his official website. He grew up in Bozeman, Montana; attended public schools there; earned a Bachelor of Science degree from Montana State University; worked at Procter & Gamble as well as an executive at a software company before entering politics; participates actively on several Senate committees including finance and energy; maintains offices across various cities in Montana along with Washington D.C.; provides constituent services such as assistance with federal agencies; and has received awards recognizing transparency in office practices according to information provided by his office.