Explore The NRA Universe Of Websites

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

Friday, August 1, 2025

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

Fairfax, VA  – 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 of the National Firearms Act of 1934 (NFA). The case, Brown v. ATF, was filed in the U.S. District Court for the Eastern District of Missouri.

Until President Trump signed the One Big Beautiful Bill Act (OBBB), the NFA established a $200 tax and tax-enforcement registration regime on certain classes of firearms, including suppressors, short-barreled rifles, short-barreled shotguns, and NFA-defined “any other weapons.” With the elimination of this excise tax in the OBBB, the joint complaint alleges that the NFA registration regime is no longer justifiable as an exercise of Congress’s taxing power, nor any other Article I power.

The lawsuit also asserts that the NFA’s registration regime for suppressors and short-barreled rifles violates the Second Amendment. The Supreme Court has established that any regulation on arms-bearing conduct must be consistent with our nation’s historical tradition of firearm regulation. The complaint argues that there is no tradition that supports the NFA’s registration regime for protected arms such as suppressors and short-barreled rifles.

Click here to read the lawsuit.

“The Constitution grants Congress only limited powers—none of which authorize the registration of privately owned firearms,” said Doug Hamlin, NRA Executive Vice President and CEO. “In fact, as we expect the courts to recognize in our case, the Second Amendment forbids it. This infringement of individual rights has gone on far too long.” 

“The National Firearms Act has infringed on law-abiding Americans’ right to keep and bear arms for nearly a century,” said John Commerford, Executive Director of the NRA Institute for Legislative Action. “Congress took a major step by eliminating the NFA tax on suppressors and short-barreled firearms through the OBBB, and we’re proud to work alongside other leading Second Amendment organizations to finish the job.”

“The National Firearms Act has been a weight around the neck of law-abiding gun owners for nearly a century,” said Knox Williams, President and Executive Director American Suppressor Association. “With the elimination of the excise tax on suppressors, short-barreled rifles, short-barreled shotguns, and AOWs through the One Big Beautiful Bill, our lawsuit challenges the NFA as an unconstitutional registry of now untaxed firearms. Common sense and the law are on our side, and we look forward to fighting on behalf of all Americans in Federal Court.”

“The National Firearms Act's registration scheme only exists to ensure that the tax on NFA firearms was paid,” said Adam Kraut, SAF's Executive Director. “With Congress removing the tax on silencers, short-barreled firearms, and ‘any other weapons,’ the continued inclusion of these items in the NFA serves no purpose, except continuing to retain an impermissible hurdle to the exercise of one’s constitutional right to keep and bear arms. We look forward to relegating this unconstitutional law to the history books.”

“The National Firearms Act isn’t just unconstitutional, it’s a tyrannical abomination,” said Firearms Policy Coalition President Brandon Combs. “Not only does the NFA violate your Second Amendment rights, but Congress never had the lawful authority to pass it in the first place. That makes it a double abuse of power, violating both the right to keep and bear arms and the hard limits the Constitution places on the federal government. We’re proud to fight alongside our allies to end this corrupt, immoral law so peaceable Americans can exercise their rights when, where, and how they choose.”

TRENDING NOW
Canada’s Public Safety Minister on Gun Ban & Confiscation: “Don’t Ask Me to Explain the Logic”

News  

Monday, September 29, 2025

Canada’s Public Safety Minister on Gun Ban & Confiscation: “Don’t Ask Me to Explain the Logic”

There have been multiple developments on the Canadian gun grab and ban in the last few days, but the most astounding has got to be a leaked bombshell recording of the Liberal Public Safety Minister, ...

North Carolina: Update on Permitless Carry

Tuesday, September 30, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

Canada’s Gun Grab: Amnesty Expiration Approaches as Top Officials Sow Confusion

News  

Monday, September 22, 2025

Canada’s Gun Grab: Amnesty Expiration Approaches as Top Officials Sow Confusion

Canada’s Liberal government has consistently and misleadingly used “buyback” to describe the 2020 mandatory “assault weapon” confiscation law, in an attempt to make the scheme appear less hostile to property rights and Canada’s responsible gun ...

Gun Controllers Rage at Everytown Over “Firearms Training,” Demand “Abstinence”

News  

Monday, September 29, 2025

Gun Controllers Rage at Everytown Over “Firearms Training,” Demand “Abstinence”

A revealing article in USA Today last week reported that Everytown for Gun Safety’s new “firearms training” program, Train SMART, “met stiff opposition from [Everytown’s] own members and longtime supporters.” 

Federal Court Strikes Down Biden Administration’s “Engaged in the Business” Rule in NRA Case

Thursday, October 2, 2025

Federal Court Strikes Down Biden Administration’s “Engaged in the Business” Rule in NRA Case

Yesterday, in Butler v. Bondi, the U.S. District Court for the Northern District of Alabama held that the Bureau of Alcohol, Tobacco, Firearms and Explosives exceeded its statutory authority by issuing its 2024 Final Rule expanding ...

Pennsylvania: Another Gun Bill Fails on House Floor

Wednesday, October 1, 2025

Pennsylvania: Another Gun Bill Fails on House Floor

On Tuesday, another anti-gun bill was defeated on the House floor, failing to receive approval by a 101-102 vote.    

The Polling Mirage on Gun Policy

News  

Monday, September 29, 2025

The Polling Mirage on Gun Policy

The recent release of yet another “gun policy survey” underscores the necessity of not taking gun-related “polls,” “research,” and “studies” at face value.

California Loves Gun Control, Loathes Crime Control

News  

Monday, September 29, 2025

California Loves Gun Control, Loathes Crime Control

California is always adding to its mountain of gun control laws aimed at disarming law-abiding citizens.

Open Carry Comes to Florida

News  

Monday, September 22, 2025

Open Carry Comes to Florida

On September 10, the First District Court of Appeal of the State of Florida struck down the Sunshine State’s prohibition on open carry as a violation of the Second Amendment in the case McDaniel v. Florida. ...

Pennsylvania: Gun Owner Opposition Kills Two of Three Anti-Gun Bills Tuesday!

Tuesday, September 30, 2025

Pennsylvania: Gun Owner Opposition Kills Two of Three Anti-Gun Bills Tuesday!

The House voted on a package of gun control bills Tuesday with gun owners defeating House Majority Democrats on two of the three bills up for a final vote. On an earlier vote Tuesday, the ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

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.