NFA Under Siege? Be Sure to Do Your Homework
As most probably already know, earlier this month a landmark decision was handed down in a lawsuit filed in the Northern District of Texas declaring the federal government can no longer enforce certain National Firearms Act (NFA) registration and regulatory requirements against the plaintiffs and their members and/or customers.
The lawsuit in question was Silencer Shop Foundation v. ATF, wherein the plaintiffs were a broad coalition of organizations and businesses including Silencer Shop Foundation, Gun Owners of America (GOA), Gun Owners Foundation (GOF), Firearms Regulatory Accountability Coalition (FRAC), SilencerCo, Palmetto State Armory, B&T USA, and others, and including (notably) fifteen U.S. states: Alaska, Georgia, Idaho, Indiana, Kansas, Louisiana, Montana, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia, and Wyoming.
Judge James Hendrix did not base his decision on Second Amendment grounds; rather, he pointed to the enumerated powers of the United States Congress, one of which is the ability to levy taxes—in this case the $200 tax stamp, on which NFA registration requirements have until recently hinged. When the tax for certain items dropped to zero dollars with passage of President Donald Trump’s “Big Beautiful Bill” last year, the judge reasoned, so did the government’s authority to regulate those NFA items that are no longer taxed: SBRs, SBSs, suppressors, and AOWs.
It should be noted that, currently, the judge’s ruling only applies to named plaintiffs in the case, and, ostensibly, their members and customers. Whether the judgement will apply more broadly to the public at large, or even to the citizens of the named states, remains to be seen. There are many factors to consider here, and things are still very murky indeed. And the U.S. government—i.e., the Department of Justice and the ATF—has issued no official guidance to this point but are rumored to be preparing their counterpoint. Suffice to say that things have been eerily quiet up till now.
We here at UN12 are not attorneys, and nothing written here should ever be construed as legal counsel. Therefore, before you throw a stock on your AR pistol or take a hacksaw to your 870, consult with your local FFL and, if you have access to one, your own personal attorney.
We’d also highly recommend listening to a few folks who have gone down this deepest of rabbit holes in the prior weeks, some of which are professional 2A attorneys, like Tom Grieve and the lawyers at Washington Gun Law, as well as YouTubers like Mrgunsandgear, who was one of the first to break the news in the hours immediately following the decision.
Just as important, we would encourage you to support and patronize the businesses and organizations who saw this litigation through, and continue to do so: Silencer Shop Foundation, GOA, PSA, B&T, and the rest. The fight is far from over, but this is unquestionably one of the biggest wins in the 2A space in recent memory.
Attorney Tom Grieve’s newest is linked here; for the latest rumblings and links to previous deep-dive videos on the various facets of the ruling and how they affect us firearms enthusiasts, we encourage you to give him a watch.
