FPC, SAF & NRA challenge the National Firearms Act of 1934: Brown v. ATF

[Occam's Banana]

NRA redemption arc?



https://x.com/gunpolicy/status/1951433812816343239
to: https://x.com/gunpolicy/status/1951433825042702861

BREAKING: Today, the Firearms Policy Coalition announced a major new lawsuit, Brown v. ATF, challenging the federal National Firearms Act of 1934.

FPC is joined in the case by two individuals and one retailer, as well as the American Suppressor Association, National Rifle Association, and Second Amendment Foundation.

This important case challenges the NFA on two separate grounds. First, the plaintiffs claim, the NFA exceeds the limited, enumerated powers granted to Congress in Article I of the Constitution. Moreover, they say, the NFA also violates the right to keep and bear arms protected under the Second Amendment.

Brown closely follows FPC’s recently filed challenge to New Jersey’s ban on so-called “short-barreled rifles” in FPC v. Platkin, as well as its challenge to the NFA’s suppressor regulations in United States v. Peterson, and the end of the Biden ATF pistol brace ban rule that was vacated through FPC’s Mock v. Garland case.

"The National Firearms Act isn’t just unconstitutional, it’s a tyrannical abomination," said Firearms Policy Coalition President Brandon Combs.

The National Firearms Act has been a weight around the neck of law-abiding gun owners for nearly a century," said Knox Williams, President and Executive Director American Suppressor Association.

“The National Firearms Act has infringed on law-abiding Americans’ right to keep and bear arms for nearly a century,” said John Commerford, Executive Director of the NRA Institute for Legislative Action.

"The National Firearms Act's registration scheme only exists to ensure that the tax on NFA firearms was paid," said Adam Kraut, SAF's Executive Director.

 

[Occam's Banana]

BREAKING: FPC & Allies File Lawsuit to Strike Down the NFA

https://www.firearmspolicy.org/fpc-allies-file-lawsuit-to-strike-down-the-nfa

{Firearms Policy Coalition | 01 August 2025}

ST. LOUIS (August 1, 2025) — Today, the Firearms Policy Coalition announced a major new lawsuit, Brown v. ATF, challenging the federal National Firearms Act (NFA) of 1934. FPC is joined in the case by two individuals and one retailer, as well as the American Suppressor Association, National Rifle Association, and Second Amendment Foundation. Key case documents for the lawsuit are available at firearmspolicy.org/brown.

This important case challenges the NFA on two separate grounds. First, the plaintiffs claim, the NFA exceeds the limited, enumerated powers granted to Congress in Article I of the Constitution. Moreover, they say, the NFA also violates the right to keep and bear arms protected under the Second Amendment. The challengers are seeking a declaratory judgment and an injunction against the government’s enforcement of the NFA with respect to some NFA firearms which are now untaxed due to the recently enacted One Big Beautiful Bill Act.

Brown closely follows FPC’s recently filed challenge to New Jersey’s ban on so-called “short-barreled rifles” in FPC v. Platkin, as well as its challenge to the NFA’s suppressor regulations in United States v. Peterson, and the end of the Biden ATF pistol brace ban rule that was vacated through FPC’s Mock v. Garland case [see this thread - OB].

"The National Firearms Act isn’t just unconstitutional, it’s a tyrannical abomination," said Firearms Policy Coalition President Brandon Combs. "Not only does the NFA violate your Second Amendment rights, but Congress never had the lawful authority to pass it in the first place. 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."

"The National Firearms Act has been a weight around the neck of law-abiding gun owners for nearly a century," said Knox Williams, President and Executive Director American Suppressor Association. "With the elimination of the excise tax on suppressors, short-barreled rifles, short-barreled shotguns, and AOWs through the One Big Beautiful Bill, our lawsuit challenges the NFA as an unconstitutional registry of now untaxed firearms. Common sense and the law are on our side, and we look forward to fighting on behalf of all Americans in Federal Court."

“The National Firearms Act has infringed on law-abiding Americans’ right to keep and bear arms for nearly a century,” said John Commerford, Executive Director of the NRA Institute for Legislative Action. “Congress took a major step by eliminating the NFA tax on suppressors and short-barreled firearms through the OBBB, and we’re proud to work alongside other leading Second Amendment organizations to finish the job.”

"The National Firearms Act's registration scheme only exists to ensure that the tax on NFA firearms was paid," said Adam Kraut, SAF's Executive Director. "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. We look forward to relegating this unconstitutional law to the history books."

To support this and dozens of other important lawsuits to end unconstitutional bans and eliminate gun control laws across the country, join the FPC Grassroots Army at JoinFPC.org.

The plaintiffs are represented by Cooper & Kirk. FPC thanks the FPC Action Foundation for its strategic support of this FPC Law case.

 

[ClaytonB]

 

[ClaytonB]

I'm sure others have thought about this more than I have, but here are a few thoughts FWIW. ATF is definitely going to lean on the age of the NFA to argue stare decisis -- if the NFA was such an egregrious violation of the 2A, why wasn't a lawsuit filed long ago? And if the ATF is so wrong in their interpretation(s) of it, why hasn't Congress amended the law to rein them in, something they have the power to do if there is a political will for it. I think the FPC/etc. should argue something along the lines that the NFA was a submarine Constitutional threat... it was always unconstitutional but its interpretation/enforcement was commonly applied to products that Americans don't have broad demand for (eg Tommy guns). Since these goods already tend to be relatively rare/bespoke anyway, the ATF's interpretation and enforcement of the unconstitutional NFA went largely unnoticed. But now that the ATF has started trying to regulate out of existence certain weapons and weapons-accessories that are widely-demanded by the US public (pistol-braces, AR-15 lowers, etc.) the NFA "submarine" has surfaced and is now an open threat to the 2A. Objections to this argument based on the "facts" of history miss the point -- this is about legal strategy, not about "facts", which don't really matter inside US courtrooms.

Anyway, I'm sure the FPC has better constitutional minds than mine on the issue, and I hope the NFA gets struck down or so severely pruned as to be nearly useless. WTP vs. ATF has been a long time coming... payback is long overdue...

 

[TheTexan]

The challengers are seeking a declaratory judgment and an injunction against the government’s enforcement of the NFA with respect to some NFA firearms which are now untaxed due to the recently enacted One Big Beautiful Bill Act.

Shall not be infringed

 

[Anti Globalist]

If this lawsuit leads to NFA getting abolished it will be one of the biggest political wins in history.

 

[TheTexan]

If this lawsuit leads to NFA getting abolished it will be one of the biggest political wins in history.

There is unfortunately absolutely zero chance of them getting rid of the machine gun portions of the NFA, regardless of constitutionality.

Which also makes it more likely they'll rule the entirety of the NFA constitutional, just to protect that provision.

 

[Occam's Banana]