A coalition of gun-rights organizations has taken another step in the effort to dismantle the National Firearms Act (NFA).
On October 9, the National Rifle Association (NRA), Second Amendment Foundation (SAF), Firearms Policy Coalition (FPC) and American Suppressor Association (ASA) filed another lawsuit challenging the 1934 law.
At issue is whether the law is even applicable now that the $200 tax on suppressors, short-barreled rifles (SBRs), short-barreled shotguns (SBSs) and any other weapons (AOWs), as defined by the law, was removed in President Donald Trump’s “One Big Beautiful Bill.”
In the latest lawsuit, Jensen v. ATF, filed with the U.S. District Court for the Northern District of Texas, plaintiffs argue that since the tax has been eliminated, the NFA’s registration regime can no longer be justified under Congress’s taxing power—nor any other authority granted under Article I of the Constitution.
“The One Big Beautiful Bill Act (“BBB”), signed into law by the President on July 4, 2025, eliminated the making and transfer taxes on suppressors, short-barreled rifles, short-barreled shotguns and NFA-defined “any other weapons,” while leaving the registration requirements intact,” the complaint states. “In other words, individuals no longer have to pay taxes for making and transferring most firearms under the NFA, but the firearms are still required to be registered and are subject to the ‘web of regulation’ that was designed to ‘aid enforcement’ of the NFA’s (now-extinct) tax. This regulatory regime no longer comports with Congress’s constitutionally enumerated powers.”
FPC President Brandon Combs said the new lawsuit is an important one, given the unconstitutionality of the NFA now that the tax is removed.
“This critical case is another step toward ending the immoral and unconstitutional National Firearms Act,” Combs said in a news release announcing the lawsuit. “FPC is proud to stand with our allies and drive our nationwide strategy to dismantle this federal ban scheme. We will continue to fight forward until all peaceable people can exercise their rights when, where, and how they choose.”
Ultimately, plaintiffs asked the court to declare that the NFA’s requirements relating to making, transferring, receiving, possessing or otherwise using untaxed firearms exceed Congress’s enumerated powers, both facially and as-applied, and declare that any regulations promulgated, in whole or in part, under such requirements are unlawful.
Plaintiffs also asked the court to declare that such requirements and any regulations implementing them violate the Second Amendment with respect to suppressors and short-barreled rifles, both facially and as-applied, and to enjoin the government from implementing, enforcing or otherwise acting under the authority of the NFA with respect to violations in any way predicated on failure to comply with the NFA’s unconstitutional provisions pertaining to making, transferring, receiving, possessing or using untaxed firearms or, in the alternative, untaxed suppressors and short-barreled rifles.
Plaintiffs in the case include the Texas State Rifle Association (TSRA), FPC Action Foundation (FPCAF), Citizens Committee for the Right to Keep and Bear Arms (CCRKBA), Hot Shots Custom LLC and three individuals. The case represents the second lawsuit brought by the NRA, ASA, FPC and SAF challenging the NFA since the $200 tax on NFA items was eliminated.
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