The venerable National Rifle Association (NRA) announced last week the filing of a third lawsuit challenging the controversial National Firearms Act of 1934 (NFA).
There has doubtlessly been progress on unraveling the web that entangled many gun owners for decades, but work remains. The hated $200 tax on short-barreled rifles and shotguns, suppressors, and the nebulous “any other weapons” is no more, but the registration requirement remains.
Without the tax, the NRA believes that registration should not continue
Remember, that mandate was directly tied to the eliminated tax, and many, including the NRA, believe it should also reside in the dustbin of history. If the wave of legal action is successful, including the most recent case of Roberts v. ATF, then all NFA vestiges will be removed.
The NRA explained, “The complaint in Roberts argues that because 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 1 of the Constitution.”
Then there’s Bruen to consider.
Gun rights supporters have a three-pronged attack against the remains of the NFA
The landmark 2022 Supreme Court decision established the test for determining whether a gun control law or regulation is constitutional. Does it fit with the nation’s historical tradition of firearm statutes, or does it not?
The NFA tax clearly falls into the latter category.
The NRA and its coalition of Second Amendment organizations started Roberts to complement two other strong challenges to the NFA already in the system. Both Brown v. ATF and Jensen v. ATF were filed in the second half of 2025 to oppose remaining requirements.
The 1934 law was established at the height of the Depression Era and gangland violence. The public was shocked by widespread criminal activities, and the NFA was rammed through Congress and signed into law by FDR.
It has clearly outlived its usefulness, and the registration requirement is a dangerous holdover that also should be eliminated.
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