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 1st, 2026
Docket Text ORDER: The Court continues oral argument on the parties' motions for summary judgment, docs. 22, 32, to June 25, 2026, at 10:00 a.m. See doc. 77. The Court will issue a subsequent order with further details. Signed by Chief District Judge Stephen R. Clark on 6/1/26.
June 1st, 2026
ORDER: Because this suit raises several novel issues, the Court ordered supplemental briefing, doc. 64, and set oral argument on the parties' pending motions for summary judgment for June 18, 2026, at 10:00 a.m., doc. 77. The Court then continued oral argument until June 25, 2026, at 10:00 a.m. Doc. 79. The Court now orders the parties to be prepared to discuss the following topics at oral argument: SEE ORDER FOR DETAILS. Signed by Chief District Judge Stephen R. Clark on 6/1/26.
May 11th, 2026
ENTRY of Appearance by John David Ohlendorf for Plaintiffs American Suppressor Association, Chris Brown, Firearms Policy Coalition, Inc., Allen Mayville, National Rifle Association of America, Prime Protection STL, LLC, Second Amendment Foundation.
May 6th, 2026
Docket Text ORDER: On June 18, 2026, at 10:00 a.m., the Court will hold oral argument on the parties' 22 32 motions for summary judgment. The Court will issue a subsequent order with further details. Signed by Chief District Judge Stephen R. Clark on 5/6/2026.
