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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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New Jersey Attorney General Platkin: Making Up Gun Control Laws as He Goes Along

News  

Monday, August 4, 2025

New Jersey Attorney General Platkin: Making Up Gun Control Laws as He Goes Along

The most fundamental requirement for a legitimate legal regime is that a person must be able to know what the law requires before being held accountable to it. 

Smith & Wesson’s Clinton-Era Agreement Resurrected in Canadian Lawsuit

News  

Monday, August 4, 2025

Smith & Wesson’s Clinton-Era Agreement Resurrected in Canadian Lawsuit

In 2000, as part of a settlement of dozens of product liability/negligence lawsuits brought by local governments and the threat of litigation by the federal government, the then-British-owned gunmaker Smith & Wesson signed a deal brokered by ...

NRA, Other Leading Second Amendment Groups File Lawsuit Challenging the Constitutionality of the National Firearms Act

News  

Friday, August 1, 2025

NRA, Other Leading Second Amendment Groups File Lawsuit Challenging the Constitutionality of the National Firearms Act

Today, the National Rifle Association (NRA), American Suppressor Association (ASA), Second Amendment Foundation (SAF), Firearms Policy Coalition (FPC), Prime Protection STL Tactical Boutique, and two members of the organizations filed a lawsuit challenging the constitutionality ...

Armed Citizen Helps Stop Terrifying Mass Stabbing in Michigan

News  

Monday, August 4, 2025

Armed Citizen Helps Stop Terrifying Mass Stabbing in Michigan

Recent headlines continue to serve as important reminders that when seconds count, a lawfully armed citizen is often there in the interval before law enforcement can be.

North Carolina: Pro-Gun Bills Advance in Veto Override Session

Tuesday, July 29, 2025

North Carolina: Pro-Gun Bills Advance in Veto Override Session

During a veto override session on Tuesday, July 29th, both chambers passed House Bill 193 (H193) and defeated Governor Josh Stein's veto.

Australia Firearm Data Breach Shows Dangers of Gun Licensing and Registration

News  

Monday, August 4, 2025

Australia Firearm Data Breach Shows Dangers of Gun Licensing and Registration

Firearm data breaches are becoming the norm in Australasia.

UK to Ban Lead Ammo

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Monday, August 4, 2025

UK to Ban Lead Ammo

It goes without saying that banning guns is not the only way to effectively disarm civilians.  

Legislation Introduced to Prevent States from Enforcing Firearm Rosters

News  

Thursday, July 31, 2025

Legislation Introduced to Prevent States from Enforcing Firearm Rosters

On July 23, Representatives Darrell Issa (R-CA-48) and Elise Stefanik (R-NY-21) introduced the Modern Firearm Safety Act (H.R. 4676). This legislation would reject the effort by anti-gun radicals to utilize unconstitutional “handgun rosters.” These rosters prevent law-abiding ...

Report: Newsom Rejected Gifted Handgun Because California Law is Too Complicated

News  

Monday, July 28, 2025

Report: Newsom Rejected Gifted Handgun Because California Law is Too Complicated

In a video interview with Tennessee-based podcaster Shawn Ryan published earlier this month, anti-gun California Governor Gavin Newsom appeared to accept a gift of a Sig P365 XMACRO semi-automatic handgun from the former U.S. Navy ...

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

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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).

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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.