Firearm advocacy organizations led by the National Rifle Association have filed a legal suit, contesting the constitutional validity of the National Firearms Act.
In a significant development, the National Rifle Association (NRA), along with several other organizations, has filed a lawsuit named Brown v. ATF in the U.S. District Court for the Eastern District of Missouri. The lawsuit, led by the NRA, American Suppressor Association, Second Amendment Foundation, and Firearms Policy Coalition, aims to relegate the National Firearms Act (NFA) to the history books.
The lawsuit challenges the constitutionality of the National Firearms Act of 1934 (NFA). The lawsuit asserts that the NFA's registration regime for suppressors and short-barreled rifles violates the Second Amendment. The complaint argues that there is no historical tradition that supports the NFA's registration regime for protected arms such as suppressors and short-barreled rifles.
The lawsuit was prompted by the One Big Beautiful Bill Act (OBBB), which President Trump signed into law. The OBBB has eliminated the NFA tax on suppressors and short-barreled firearms. Knox Williams, President and Executive Director of the American Suppressor Association, states that the lawsuit challenges the NFA as an unconstitutional registry of now untaxed firearms.
Adam Kraut, SAF's Executive Director, believes that the continued inclusion of silencers, short-barreled firearms, and 'any other weapons' in the NFA serves no purpose and is an impermissible hurdle to the exercise of one's constitutional right to keep and bear arms. Doug Hamlin, NRA Executive Vice President and CEO, shares a similar sentiment, stating that the Constitution grants Congress only limited powers, none of which authorize the registration of privately owned firearms.
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, due to the elimination of the excise tax in the OBBB. The lawsuit is expected to argue that the long-standing infringement of individual rights regarding the registration of privately owned firearms has gone on for too long.
Brandon Combs, Firearms Policy Coalition President, considers the National Firearms Act to be a tyrannical abomination, violating both the right to keep and bear arms and the hard limits the Constitution places on the federal government. He states that the lawsuit aims to finish the job started by the OBBB in eliminating the National Firearms Act's impact on law-abiding gun owners.
The case Brown v. ATF challenging the constitutionality of the National Firearms Act of 1934 was first filed in the U.S. District Court for the Eastern District of Missouri in 2010. The lawsuit, if successful, could mark a significant shift in gun laws in the United States. The outcome of this case is eagerly awaited by gun rights advocates and gun control advocates alike.
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