What This Bill Does
This bill removes a federal tax on firearm transfers from the Internal Revenue Code. The bill makes related changes to other tax law sections to account for removing this tax. The bill also states that this action does not give the Consumer Product Safety Commission (a federal agency that regulates product safety) authority over firearms.
Who It Affects
People and businesses that transfer firearms subject to the federal tax.
Key Provisions
• The federal firearm transfer tax is eliminated (Sec. 2(a))
• Related tax code sections are updated to reference the removed tax as it existed before this law passes (Sec. 2(b))
• Firearms regulated under the National Firearms Act (federal rules about certain types of firearms) remain outside the Consumer Product Safety Commission's jurisdiction (Sec. 3)
• The changes apply to firearm transfers that happen after this bill becomes law (Sec. 2(c))
What Changes
The firearm transfer tax no longer applies to transfers happening after this bill becomes law. Other sections of tax law are updated so they still make sense after the removal of the transfer tax.
Important Definitions
None defined in the bill text.
Effective Date
Transfers after the date this bill becomes law.
I
118TH CONGRESS
1ST SESSION
H. R. 790
To amend the Internal Revenue Code of 1986 to repeal the firearm transfer
tax, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 2, 2023
Mrs. HINSON (for herself, Mr. CRAWFORD, Mr. ARRINGTON, Mr. POSEY, Mr.
MANN, Mr. KELLY of Pennsylvania, Mr. HUDSON, Mrs. MILLER-MEEKS,
Mr. JOHNSON of Ohio, Mr. MOONEY, Mr. WALBERG, Mr. WEBER of
Texas, Ms. TENNEY, Mr. HIGGINS of Louisiana, Mr. BANKS, Ms.
GREENE of Georgia, Mr. AMODEI, and Mr. WOMACK) introduced the fol-
lowing bill; which was referred to the Committee on Ways and Means
A BILL
To amend the Internal Revenue Code of 1986 to repeal
the firearm transfer tax, and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Repealing Illegal Free-
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dom and Liberty Excises Act’’ or the ‘‘RIFLE Act’’.
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•HR 790 IH
SEC. 2. REPEAL OF CERTAIN TAXES RELATING TO FIRE-
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ARMS.
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(a) FIREARM TRANSFER TAX REPEALED.—Section
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5811 of the Internal Revenue Code of 1986 is hereby re-
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pealed.
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(b) CONFORMING AMENDMENTS.—
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(1) Section 4182(a) of such Code is amended
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by striking ‘‘on which the tax provided by section
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5811 has been paid’’ and inserting ‘‘with respect to
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which the tax provided by section 5811 (as in effect
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immediately before the enactment of the Repealing
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Illegal Freedom and Liberty Excises Act) would
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have applied but for its repeal’’.
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(2) Section 5846 of such Code is amended by
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striking ‘‘, 5811,’’.
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(3) Section 5852 of such Code is amended by
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striking ‘‘section 5811’’ each place it appears and
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inserting ‘‘section 5811 (as in effect immediately be-
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fore the enactment of the Repealing Illegal Freedom
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and Liberty Excises Act)’’.
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(4) Section 5853 of such Code is amended by
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striking ‘‘section 5811’’ and inserting ‘‘section 5811
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(as in effect immediately before the enactment of the
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Repealing Illegal Freedom and Liberty Excises
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Act)’’.
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•HR 790 IH
(5) Section 5854 of such Code is amended by
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striking ‘‘section 5811’’ and inserting ‘‘section 5811
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(as in effect immediately before the enactment of the
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Repealing Illegal Freedom and Liberty Excises
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Act)’’.
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(c) EFFECTIVE DATE.—The amendments made by
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this section shall apply to transfers after the date of the
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enactment of this Act.
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SEC. 3. RULE OF CONSTRUCTION.
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Nothing in this Act shall be construed to place any
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firearms regulated under Chapter 53 of the Internal Rev-
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enue Code of 1986 (the National Firearms Act) under the
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jurisdiction of the United States Consumer Product Safety
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Commission.
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Æ
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