Another lawsuit challenges National Firearms Act constitutionality
In what could become one of the most consequential Second Amendment battles in decades, a coalition of gun-rights organizations — including the Second Amendment Foundation, American Suppressor Association, National Rifle Association, and Firearms Policy Coalition — on Oct. 9 filed a new lawsuit in the U.S. District Court for the Northern District of Texas, challenging the constitutionality of the National Firearms Act of 1934.
The case, Jensen v. ATF, argues that the NFA’s registration requirements for suppressors, short-barreled rifles, short-barreled shotguns, and so-called “Any Other Weapons” can no longer be justified now that the tax originally used to enforce the law has been eliminated under the recently enacted “One Big Beautiful Bill.”
Said SAF executive director Adam Kraut:
“With the tax now set to $0, the remaining registration requirements for these arms under the NFA have no constitutional basis. Completely removing them from the NFA is now a must, and this suit aims to eradicate the barriers to the exercise of the Second Amendment.”
American Suppressor Association executive director Knox Williams added:
“Since 1934, the NFA has imposed unconstitutional restrictions on law-abiding Texans and Americans. Now that the excise tax on suppressors and short-barreled rifles has been removed, the registration regime is unlawful. ASA is fighting to uphold the Second Amendment rights of all Americans, and we will not stop until suppressors and other lawful firearms and accessories are no longer subject to unconstitutional regulations or registration requirements.”
Plaintiffs in the case include the Citizens Committee for the Right to Keep and Bear Arms (CCRKBA), Texas State Rifle Association, FPC Action Foundation, Hot Shots Custom LLC, and three individual citizens.
SAF founder Alan M. Gottlieb also chimed in:
“This is the best opportunity in a generation to eliminate major portions of the NFA since its inception nearly a century ago. The government is going to be hard-pressed to justify the law as a tax without a tax, and the type of regulation seen in the NFA is without any historical support. We’re hopeful its days are numbered.”
Background: why this lawsuit matters
The National Firearms Act of 1934 (NFA) was the first major federal gun control law in the United States. Enacted during the gangster era, it imposed a $200 transfer tax (a massive sum at the time) and required registration of certain firearms considered particularly dangerous — like machine guns, silencers, and short-barreled rifles and shotguns.
While the law was justified as a tax measure rather than a direct gun ban — allowing it to survive early constitutional scrutiny — critics have long argued that its true intent was to discourage ownership through excessive cost and bureaucracy, not raise revenue.
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Now, with Congress effectively zeroing out the NFA’s tax component, gun-rights groups argue that the entire legal foundation of the NFA collapses. Without a tax, they contend, the government can no longer claim the authority to maintain its registration system or impose criminal penalties for unregistered NFA items.
The lawsuit also draws on recent Supreme Court precedent, particularly NYSRPA v. Bruen (2022), which requires any firearm regulation to be consistent with the nation’s historical tradition of gun laws. The plaintiffs argue there is no historical analogue to the NFA’s registry or its categorical restrictions, making the law unconstitutional under Bruen’s standard.
If successful, Jensen v. ATF could dismantle the NFA’s regulatory framework for suppressors and short-barreled firearms, effectively ending registration and removing one of the most burdensome remnants of early 20th-century gun control.
About the key players
- Second Amendment Foundation (SAF): Founded by Alan Gottlieb, SAF has been behind many landmark lawsuits expanding Second Amendment rights nationwide.
- American Suppressor Association (ASA): Since 2011, ASA has worked to legalize suppressor ownership and hunting use in dozens of states, streamline ATF processes, and fight misinformation about suppressors.
- Firearms Policy Coalition (FPC): This group works for the Second Amendment Foundation and is known for its aggressive litigation and social media outreach. FPC champions constitutional challenges to federal and state gun restrictions.
- National Rifle Association (NRA): The nation’s oldest civil rights organization supporting the right to keep and bear arms.
Together, these organizations are betting that Jensen v. ATF could mark the beginning of the end for a law that has regulated suppressors and short-barreled rifles for more than 90 years.
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