Since its passage in 1934 the National Firearms Act (NFA) has required the registration of certain types of arms, and a $200 tax stamp for their manufacture and transfer. At the time of its passage the NFA was justified by congress as an exercise of its taxation power, not a regulation of firearms which would have constitutional implications. When President Trump signed the “Big Beautiful Bill” the tax burden on silencers, short barreled rifles, short barreled shotguns and any other weapons (AOW’s) were reduced to zero. The bill, nevertheless, retained the registration requirements of those arms. But with the tax burden now gone, the justification for the registering those arms had evaporated. Put bluntly – you can’t justify a law under the taxation power, if there is no taxation.
On August 1st, 2025 Second Amendment Foundation, joined by the American Suppressor Association, National Rifle Association and the Firearms Policy Coalition filed suit, seeking the further dismantling of the NFA by removing Silencers and Short Barreled Rifles entirely.
Case Team: David H. Thompson, Peter A. Patterson, Nicholas A. Varone
Recent Docket Activity
June 18th, 2026
Docket Text ORDER: The Court continues the oral argument scheduled for June 25, 2026 at 10:00 a.m. The Court will reschedule this oral argument by further Order of the Court. Signed by Chief District Judge Stephen R. Clark on 6/18/2026.
June 18th, 2026
ORDER RECEIPT: Docket No: 82,83. Mailed to party not set up for electronic delivery. Thu Jun 18 14:28:42 CDT 2026
June 12th, 2026
Docket Text ORDER: The Court grants 81 First MOTION to Withdraw as Attorney for Kansas, Alabama, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia, Wyoming, Arizona Legislature re attorney/firm Anthony Powell by Amicus State of Kansas. Attorney Anthony J. Powell terminated. Signed by Chief District Judge Stephen R. Clark on 6/12/2026.
