Four leading gun rights organizations, along with a St. Louis gun shop and two individuals, teamed up for a historic lawsuit challenging the National Firearms Act (NFA).
The National Rifle Association (NRA), Firearms Policy Coalition (FPC), American Suppressor Association (ASA), and the Second Amendment Foundation (SAF) brought the suit against the Department of Justice (DOJ) and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
The alphabet soup court battle could determine whether 1934’s NFA exceeded congressional authority.
Gun groups have long sought to roll back the NFA’s controversial restrictions
FPC President Brandon Combs told Guns.com that the “tyrannical abomination” that is the NFA should be abolished.
“Not only does the NFA violate your Second Amendment rights, but Congress never had the lawful authority to pass it in the first place,” Combs declared. “That makes it a double abuse of power, violating both the right to keep and bear arms and the hard limits the Constitution places on the federal government. We’re proud to fight alongside our allies to end this corrupt, immoral law so peaceable Americans can exercise their rights when, where, and how they choose.”
Plaintiffs believe that the tax’s removal should be followed by erasing the NFA
Congress recently passed the federal budget bill that removed the hated $200 transfer tax imposed on short-barreled rifles and noise suppressors. However, lawmakers stopped short of completely defanging the NFA, leaving Second Amendment organizations the responsibility to continue the fight.
Plaintiffs noted in the 31-page filing that a 1937 federal case only upheld the NFA due to supporting Congress’s taxation power.
With the taxes no longer applicable, the registration component is no longer relevant.
Adam Kraut is Executive Director of the SAF. He noted the relationship between the tax and NFA’s existence. “With Congress removing the tax on silencers, short-barreled firearms, and ‘any other weapons,’ the continued inclusion of these items in the NFA serves no purpose, except continuing to retain an impermissible hurdle to the exercise of one’s constitutional right to keep and bear arms.”
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