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A bill to amend the Internal Revenue Code of 1986 to repeal the elimination of tax on certain firearms under the National Firearms Act and to deposit the savings into the Medicare part A trust fund.

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latest
Status Date
12/16/2025
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Overview

This bill represents a significant reversal in federal firearms tax policy by repealing previously enacted tax elimination provisions for certain categories of firearms regulated under the National Firearms Act. The legislation establishes a novel funding mechanism that redirects tax revenue generated from the restoration of these firearm taxes to the Medicare Part A Trust Fund. This approach creates an unusual intersection between Second Amendment-related taxation and healthcare financing, effectively using firearms taxation as a revenue source to bolster Medicare's hospital insurance program. The bill reflects a dual policy objective: maintaining federal taxation authority over regulated firearms while simultaneously addressing Medicare funding challenges through alternative revenue streams.

Legal References:

  • Internal Revenue Code of 1986
  • National Firearms Act

Core Provisions

The bill's central provision repeals existing statutory language that eliminated federal taxes on specific firearm categories regulated under the National Firearms Act. This repeal effectively reinstates the tax obligations that were previously removed, restoring the federal government's taxation authority over these weapons. The legislation establishes a direct revenue allocation mechanism whereby all tax savings or revenue generated from this repeal flows automatically to the Medicare Part A Trust Fund rather than general Treasury revenues. This creates a dedicated funding stream that bypasses traditional appropriations processes. The bill modifies the tax treatment structure for affected firearm categories, though the specific categories and tax rates remain subject to existing National Firearms Act provisions and Internal Revenue Code regulations.

Key Points:

  • Repeal of tax elimination provisions for National Firearms Act-regulated weapons
  • Establishment of automatic revenue transfer mechanism to Medicare Part A Trust Fund
  • Restoration of pre-existing tax obligations on specified firearm categories
  • Creation of dedicated funding stream outside general appropriations

Legal References:

  • Internal Revenue Code of 1986
  • National Firearms Act
  • Social Security Act provisions governing Medicare Part A Trust Fund

Implementation

The Internal Revenue Service bears primary responsibility for implementing the restored tax provisions, including collection, enforcement, and compliance monitoring for affected firearms transactions. The agency must coordinate with the Centers for Medicare & Medicaid Services to ensure proper transfer of designated revenues to the Medicare Part A Trust Fund. Implementation requires the IRS to reinstate administrative procedures for collecting taxes on National Firearms Act items that were previously exempt, including updating forms, guidance documents, and taxpayer notification systems. The funding mechanism operates through automatic revenue allocation, requiring coordination between Treasury Department accounts and the Medicare Trust Fund management structure to ensure proper crediting of revenues.

Key Points:

  • IRS responsible for tax collection and enforcement on restored firearm taxes
  • CMS manages receipt and accounting of transferred revenues in Medicare Part A Trust Fund
  • Automatic revenue transfer mechanism requiring inter-agency coordination
  • Reinstatement of administrative procedures for previously exempt firearms

Impact

Firearms manufacturers, dealers, and purchasers of National Firearms Act-regulated items face increased tax liability as previously eliminated taxes are restored. These stakeholders must resume compliance with tax payment requirements, registration procedures, and documentation obligations associated with regulated firearms transactions. The Medicare Part A Trust Fund receives additional revenue that strengthens its financial position, potentially extending the fund's solvency and benefiting current and future Medicare beneficiaries who rely on hospital insurance coverage. The administrative burden falls primarily on the firearms industry, which must adjust business practices and pricing structures to account for restored tax obligations. The IRS faces increased workload in processing tax payments and conducting compliance activities for these transactions. The financial magnitude of the revenue transfer depends on transaction volumes and applicable tax rates under the National Firearms Act, though specific cost estimates are not provided in the available documentation.

Key Points:

  • Firearms industry faces restored tax obligations and compliance costs
  • Medicare Part A Trust Fund receives supplemental revenue stream
  • Medicare beneficiaries indirectly benefit from improved trust fund solvency
  • IRS experiences increased administrative workload for tax collection and enforcement

Legal Framework

The bill operates within the constitutional framework of Congress's taxation power under Article I, Section 8, which provides broad authority to levy taxes for general welfare purposes including healthcare programs. The legislation modifies the Internal Revenue Code of 1986, the primary statutory authority governing federal taxation, specifically provisions related to excise taxes on firearms regulated under the National Firearms Act. The National Firearms Act itself derives from Congress's commerce and taxation powers and establishes the regulatory framework for certain weapon categories. The revenue allocation to Medicare Part A Trust Fund operates under the Social Security Act's provisions governing Medicare financing. The bill does not appear to preempt state or local firearms regulations or taxation, as it operates exclusively within the federal tax code framework. Standard judicial review provisions applicable to federal tax legislation would govern challenges to the law's implementation or constitutionality.

Legal References:

  • U.S. Constitution, Article I, Section 8 (Taxation and General Welfare Clause)
  • Internal Revenue Code of 1986
  • National Firearms Act
  • Social Security Act (Medicare provisions)

Critical Issues

The legislation faces potential constitutional challenges based on Second Amendment grounds, as opponents may argue that restored taxation creates an unconstitutional burden on the right to keep and bear arms. The unusual linkage between firearms taxation and healthcare funding creates policy coherence questions and may face criticism from both firearms rights advocates and healthcare policy experts who view the connection as arbitrary. Implementation challenges include the administrative complexity of reinstating tax collection systems that were previously dismantled, potential resistance from the firearms industry, and coordination difficulties between Treasury and Health and Human Services agencies. The bill's cost implications remain uncertain without specific revenue projections, making it difficult to assess the actual impact on Medicare Trust Fund solvency. Unintended consequences may include reduced legal firearms transactions as purchasers seek to avoid restored taxes, potential increases in unregulated firearms transfers, and market distortions in the firearms industry. Opposition arguments likely emphasize Second Amendment infringement, the inappropriateness of funding healthcare through firearms taxation, and concerns about creating precedent for using targeted taxation to fund unrelated programs.

Key Points:

  • Second Amendment constitutional challenges regarding taxation as burden on firearms rights
  • Policy coherence concerns about linking firearms taxation to healthcare funding
  • Administrative complexity of reinstating previously eliminated tax collection systems
  • Uncertain revenue projections limiting assessment of Medicare funding impact
  • Potential market distortions and reduced legal firearms transactions
  • Precedent concerns about using targeted taxation for unrelated program funding

Legal References:

  • U.S. Constitution, Second Amendment

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