Should We Pass HPA and SHORT Through HR1? The Legal Catch You Need to Know

There’s a lot of excitement right now in the 2A community about the possibility of folding the Hearing Protection Act (HPA) and the Stop Harassing Owners Of Rifles Today (SHORT) Act into HR1, and pushing it through Congress via the budget reconciliation process. This strategy could finally remove suppressors and short-barreled rifles (SBRs) from the outdated grip of the National Firearms Act (NFA).

On paper, it sounds like a clean victory. But there’s a legal complication that more gun owners and activists need to understand:

✅ If HR1 passes with HPA and SHORT included, 

current court cases challenging the NFA will almost certainly be dismissed.

Here’s why that matters—and what we could lose in the long run.

🧨 Repeal by Legislation = Court Cases Go Away

Right now, multiple lawsuits are working their way through the federal courts—many arguing that the NFA’s $200 tax, registration requirements, and criminal penalties for items like suppressors and SBRs are unconstitutional under the Second Amendment, especially in light of the Supreme Court’s 2022 Bruen decision.

But if Congress passes a law that removes those restrictions, the courts will consider the legal controversy resolved. The lawsuits become moot—and they’ll be dismissed.

That might sound fine—after all, we got what we wanted, right?

⚠️ Here’s the Problem: What Congress Gives, Congress Can Take Away

If these victories are legislative, they’re temporary.

Future Congresses—especially under anti-gun majorities—could reverse course and reimpose the NFA restrictions, possibly even through the same reconciliation process. At that point:

• The lawsuits are gone.
• There’s no standing precedent.
• We’re back to square one.

That means years of legal progress are erased, and we’ll have to start fresh with new plaintiffs, new cases, and a brand-new trip through the courts.

🏛️ Why a Supreme Court Ruling Would Be Better

If we let the cases proceed—and the Supreme Court rules the NFA tax or registration requirements unconstitutional—that ruling becomes binding national precedent.

Congress can’t just pass a new version. The Court’s interpretation of the Constitution would override any future attempt to regulate suppressors or SBRs in the same way.

In short: Court wins are durable. Legislative wins are fragile.

⚖️ Is There a Middle Ground?

Possibly. Here are a few creative options:

• Delay the effective date of the HPA/SHORT provisions in HR1, giving time for key cases to be decided first.
• Pass the laws but keep supporting the legal cases—perhaps even encouraging the courts to still rule, citing the need for constitutional clarity (though rare, courts sometimes do this in cases of national importance).
• Use legislation as a pressure tool but keep the legal fight alive in parallel.

🎯 Final Thoughts

No one’s saying we shouldn’t celebrate if HR1 passes with HPA and SHORT included. That would be a huge victory for the Second Amendment community.

But we must also think long-term. The ultimate goal isn’t just to win suppressor rights for a few years—it’s to cement those rights in constitutional law so they can’t be taken away by the next political wave.

The legal momentum is on our side. Let’s make sure we don’t trade a short-term win for a permanent opportunity to roll back decades of unconstitutional regulation.

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