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DOJ Drops Controversial NFA Charge Against Pardoned Jan. 6 Protestor

Monday, April 21, 2025

DOJ Drops Controversial NFA Charge Against Pardoned Jan. 6 Protestor

Last February, NRA-ILA’s reporting exposed the case of Taylor Taranto, a pardoned January 6 protestor separately arrested on firearm charges in Washington, D.C. One of those charges alleged possession of an unregistered short-barreled rifle (SBR) under the National Firearms Act (NFA). The firearm in question was a CZ Scorpion EVO 3 S1 with an attached SB Tactical stabilizing brace, which would not have been considered an SBR until a 2023 rulemaking by the Biden-Harris administration reclassified potentially millions of braced pistols as SBRs. By the time of Taranto’s prosecution, that rule had been vacated by a federal judge in Texas. Yet the same Biden-era U.S. attorney who had charged Taranto for his presence at the January 6 protest insisted that the government could continue to prosecute Taranto under the rule’s terms as “ATF’s best understanding of the [underlying] statute.” On April 16, however, that U.S. attorney’s successor, Edward Martin, moved for dismissal of the NFA count against Taranto “in the interest of justice.”

What this move portends for the government’s position on braced pistols generally is not immediately clear. The Biden-Harris rule, Factoring Criteria for Firearms with Attached “Stabilizing Braces,” remains on the books, although its enforcement is still enjoined. The government’s former position in the Taranto case, however, tried to circumvent the court rulings prohibiting enforcement of the rule by claiming ATF still had the authority and mandate to enforce the NFA itself. And if the agency’s enforcement decisions “tend[ed] to look substantially like the determinations that would follow from applying the clear framework outline in the rule,” then so be it, the government argued in a brief. 

Taranto’s attorney had characterized this position in a court filing as “truly astonishing,” as well as “contradictory, unfair, and most importantly not legally sound.”

The arguments supporting the NFA charge had been raised by former U.S. attorney for the District of Columbia Matthew Graves, also known for aggressive pursuit of January 6 protestors, including those – like Taranto – charged with misdemeanors. Graves resigned on January 16, 2025, shortly before President Trump took office in his second term.

Although President Trump pardoned the January 6 protestors, Taranto remained in D.C. jail on the firearm-related charges. His tribulations in confinement have been extensively documented online, including his description of being confined to a cell with water seeping through the walls, resulting in continual mold growth and water on the floor. The obvious unhealthiness of these conditions, according to Taranto, is exacerbated by lack of light, long periods of confinement to the cell, lack of basic sanitation, and poor nutrition. It is unclear if Taranto will be released, as he still faces a pending felony count of carrying the CZ Scorpion in D.C. without a license, as required by District of Columbia law.

Ironically, although the NFA charge had required the government to argue the braced CZ Scorpion was a rifle, the charge under D.C. law simultaneously required it to argue the same firearm is a handgun.

The dismissal of Taranto’s NFA charge follows an April 7 announcement by the U.S. Department of Justice and ATF of a “comprehensive review of [the] stabilizing brace regulations.” This will involve “consultations with stakeholders, including gun rights organizations, industry leaders and legal experts,” with the goal of ensuring the resulting policies are “constitutional and protective of Americans’ Second Amendment rights.”

The position former U.S. attorney Graves had taken in Taranto’s case with respect to the NFA charge obviously would not have survived this kind of scrutiny, and it is commendable the government appears to have recognized as much. NRA-ILA’s original reporting, and subsequent efforts by other pro-gun groups, including Gun Owners of America and the Firearms Regulatory Accountability Council, undoubtedly contributed to this outcome.

We will report on further developments of the government’s ongoing review of the braced pistol rule, as well as on Taranto’s remaining charge, as they become available.

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U.S. Court of Appeals Backtracks on Adverse Suppressor Ruling

News  

Monday, June 23, 2025

U.S. Court of Appeals Backtracks on Adverse Suppressor Ruling

In a single sentence, the U.S. Court of Appeals for the Fifth Circuit added to the high-profile and consequential national conversation on firearm suppressors.

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

News  

Second Amendment  

Thursday, May 22, 2025

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

Earlier today, the U.S. House of Representatives passed H.R.1 the One Big Beautiful Bill Act, which included Section 2 of the Hearing Protection Act, completely removing suppressors from the National Firearms Act (NFA).

2A News Out of New Jersey You Won’t Believe: It’s Actually a Good Thing!

News  

Monday, June 23, 2025

2A News Out of New Jersey You Won’t Believe: It’s Actually a Good Thing!

The Garden State is not where most seek positive developments regarding our right to arms, so we were pleasantly surprised when Englishtown, N.J., recently made a move to support the Second Amendment.

Switched Off: A Case Study on Minnesota’s Illegal Machine Gun Law

News  

Monday, June 23, 2025

Switched Off: A Case Study on Minnesota’s Illegal Machine Gun Law

There’s been a lot of noise of late about auto sears or so-called “Glock switches” – devices to convert a semiautomatic firearm into an automatic weapon. 

Update: Washington Post Fact Checks Misleading Ad Council “Children” and Firearms Talking Point

News  

Monday, June 23, 2025

Update: Washington Post Fact Checks Misleading Ad Council “Children” and Firearms Talking Point

Last week, NRA-ILA explained how a recent public service announcement campaign from the federally-funded Ad Council, and the gun control lobby more broadly, manipulates statistics to create misleading talking points about “children” and firearms.

Minnesota: Shotgun-Only Hunting Zones Repealed

Friday, June 20, 2025

Minnesota: Shotgun-Only Hunting Zones Repealed

On Monday, June 9th, outside of regular session, the Senate passed the Environment Omnibus bill, removing shotgun-only hunting zones in the state. 

DOJ Files Amicus Brief Supporting NRA-Backed Challenge to IL’s Ban on “Assault Weapons” and “Large-Capacity Magazines”

Tuesday, June 17, 2025

DOJ Files Amicus Brief Supporting NRA-Backed Challenge to IL’s Ban on “Assault Weapons” and “Large-Capacity Magazines”

Last Friday, the U.S. Department of Justice filed an amicus brief in the Seventh Circuit supporting an NRA-backed challenge to Illinois’s prohibition on so-called “assault weapons” and “large-capacity magazines.”

Ninth Circuit Strikes Down CA’s One-Gun-A-Month Law

Friday, June 20, 2025

Ninth Circuit Strikes Down CA’s One-Gun-A-Month Law

Today, the Ninth Circuit Court of Appeals held that California’s law prohibiting people from buying more than one firearm in a 30-day period violates the Second Amendment.

North Carolina: Update on Gun Bills Moving through the General Assembly

Tuesday, June 24, 2025

North Carolina: Update on Gun Bills Moving through the General Assembly

Recently, House Bill 193 (H193) was reported favorably out of both the Senate Judiciary Committee and the Senate Rules Committee, with amendments.

The Trace Marks a Birthday: Ten Years of Anti-gun Propaganda, Little to Show for It

News  

Monday, June 23, 2025

The Trace Marks a Birthday: Ten Years of Anti-gun Propaganda, Little to Show for It

On June 18, the anti-gun propaganda mill The Trace celebrated its tenth birthday with a self-congratulatory article entitled “How The Trace Came to Be and Other Stories From Our Early Days.” 

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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.