Lawsuit Puts National Firearms Act of 1934's Constitutional Validity Under Scrutiny
Challenge to National Firearms Act of 1934 Gains Momentum
A significant legal challenge to the National Firearms Act (NFA) of 1934 is currently underway in the U.S. District Court for the Eastern District of Missouri. The case, known as Brown v. ATF, was filed on August 1, 2025, by the Firearms Policy Coalition, along with the National Rifle Association (NRA), American Suppressor Association, Second Amendment Foundation, and others[1][3].
The lawsuit argues that the NFA now exceeds Congress’s constitutional authority under Article I, primarily because the new One Big Beautiful Bill Act (OBBB) eliminated the $200 tax on NFA firearms such as suppressors, short-barreled rifles, shotguns, and “any other weapons.” Without this tax, the government’s justification to regulate and require registration under its taxing power is claimed to be invalid[1][2][3].
Moreover, the lawsuit contends that the NFA’s registration requirements violate the Second Amendment rights. Plaintiffs argue that the intrusive registration regime (demanding names, addresses, photos, fingerprints, and detailed firearm information) is unjustifiable, especially since the Supreme Court emphasizes that arms regulation must align with the nation's historical tradition, which they argue the NFA fails to meet[2][3][4].
As of August 2025, the case is still active, with no final ruling yet reported. The lawsuit is a major part of broader legal challenges following the OBBB, which drastically changed the regulatory and tax landscape for these firearms and related accessories[1][2][3].
Conservative attorney Michele Maples is spearheading an effort to eliminate the registration requirement for firearms under the NFA of 1934. She believes that the registration requirement, still in place despite the elimination of the stamp tax, makes the act unconstitutional[6].
It is important to note that the elimination of the stamp tax on certain firearms under the NFA of 1934 does not necessarily mean the elimination of the registration requirement for these firearms[5]. Despite the elimination of the stamp tax, firearms are still required to be registered under the NFA of 1934[5].
The outcome of the lawsuit is uncertain, with the advice to "never count your chickens before they hatch." If successful, the case could potentially lead to the removal of regulations enforced to collect the extinct stamp tax on certain firearms under the NFA of 1934[7].
While the lawsuit does not address the Trump Administration's efforts to ensure more freedom for gun owners directly, it could potentially contribute to these efforts if successful[8]. The Trump Administration has not made any official comments regarding the lawsuit as of August 2025.
References: [1] https://www.firearmspolicy.org/press-release/nra-files-lawsuit-challenging-constitutionality-of-national-firearms-act-of-1934/ [2] https://www.nraila.org/articles/20250801/nra-files-lawsuit-challenging-constitutionality-of-national-firearms-act-of-1934 [3] https://www.guns.com/news/2025/08/01/nra-files-lawsuit-challenging-national-firearms-act-of-1934-constitutionality [4] https://www.nraila.org/articles/20250801/nra-files-lawsuit-challenging-constitutionality-of-national-firearms-act-of-1934 [5] https://www.guns.com/news/2025/08/01/nra-files-lawsuit-challenging-national-firearms-act-of-1934-constitutionality [6] https://www.ammoland.com/2025/08/nra-files-lawsuit-to-challenge-constitutionality-of-national-firearms-act-of-1934/ [7] https://www.ammoland.com/2025/08/nra-files-lawsuit-to-challenge-constitutionality-of-national-firearms-act-of-1934/ [8] https://www.ammoland.com/2025/08/nra-files-lawsuit-to-challenge-constitutionality-of-national-firearms-act-of-1934/
Read also:
- Court petitions to reverse established decision on same-sex marriage legalization
- Proposed Standardization of Food Labeling Laws Among Member States by the Commission
- Experimenting with Merz's Germany has stretched into an extended period of time, resembling a numerous three-month duration.
- Trump strengthens economic control, drawing inspiration from China's practices
