Since its passsage 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 October 9, 2025, in a Second Amendment Foundation funded case, the Citizens Committee for the Right to Keep and Bear Arms, joined by the Texas State Rifle Association, Firearms Policy Coalition Action Foundation, three individuals, and a federal licensed firearms dealer 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, R Brent Cooper
Recent Docket Activity
July 13th, 2026
Notice of Filing of Official Electronic Transcript of Hearing on Cross-Motions for Summary Judgment held on 07/07/2026 before Judge James Wesley Hendrix. Court Reporter/Transcriber Mechelle Daniel, Telephone number 744-7667. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. § 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. Redaction Request due 8/3/2026. Redacted Transcript Deadline set for 8/13/2026. Release of Transcript Restriction set for 10/13/2026.
July 7th, 2026
ELECTRONIC Minute Entry for proceedings held before Judge James Wesley Hendrix: Motion Hearing held on 7/7/2026 re 59 Motion for Summary Judgment filed by Daniel Driscoll, United States Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, Pamela J Bondi, 117 Motion for Summary Judgment, filed by Jeremy Neusch, Texas State Rifle Association, Hot Shots Custom LLC, John Jensen, Citizens Committee for the Right to Keep and Bear Arms, FPC Action Foundation, David Lynn Smith, 118 Motion for Summary Judgment, filed by Daniel Driscoll, United States Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, Pamela J Bondi, 48 Motion for Summary Judgment,, filed by State of Oklahoma, State of Indiana, Firearms Regulatory Accountability Coalition Inc, Gun Owners of America, Inc., State of South Dakota, State of Idaho, State of Texas, State of Wyoming, State of Utah, Palmetto State Armory, LLC, State of Alaska, Silencerco Weapons Research, LLC, State of Kansas, State of Montana, State of South Carolina, Silencer Shop Foundation, Gun Owners Foundation, Brady Wetz, State of North Dakota, State of Georgia, State of West Virginia, B&T USA, LLC, State of Louisiana. re: 59 Cross MOTION for Summary Judgment, 117 MOTION for Summary Judgment, 118 MOTION for Summary Judgment, 48 MOTION for Summary Judgment . Parties' arguments heard by Court; Court will take ruling under advisement. Attorney Appearances: Plaintiff - Stephen Obermeier/Jeremy Broggi/John Ohlendorf/Stephen Stamboulieh/Munera Al-Fuaid; Defense - Jody Lowenstein. Time in Court - 3:00.
July 6th, 2026
ORDER. Before the Court is the Jensen plaintiffs' unopposed motion for leave to file notice of supplemental authorities. Dkt. No. 129 . The motion is granted. The defendants may file a response to the notice by no later than July 10, 2026. The Clerk of Court is directed to file the notice and supplemental authorities as a separate docket entry.
July 6th, 2026
NOTICE of Supplemental Authorities filed by Citizens Committee for the Right to Keep and Bear Arms. ** Clerk's Note: Docketed per Order 130 .
July 2nd, 2026
MOTION for Leave to File Notice of Supplemental Authorities filed by Citizens Committee for the Right to Keep and Bear Arms, FPC Action Foundation, Hot Shots Custom LLC, John Jensen, Jeremy Neusch, David Lynn Smith, Texas State Rifle Association A - United States v. Hemani, # 3 Exhibit B - Landor v. Louisiana Department of Corrections & Public Safety, # 4 Exhibit C - Wolford v. Lopez, # 5 Proposed Order)
July 1st, 2026
ORDER. Before the Court is the motion to withdraw Samuel P. Siegel as counsel for amici the City of Baltimore, Maryland; the City of Columbus, Ohio; and Harris County, Texas. Dkt. No. 125 . The motion is granted. Siegel is relieved of his obligations and duties to this Court as counsel for amici in this case. Amici are still represented by other counsel who have entered an appearance on amici's behalf.
June 30th, 2026
MOTION to Withdraw as Attorney filed by City of Baltimore, MD, City of Baltimore, MD, City of Columbus, OH, City of Columbus, Ohio, Harris County Texas, Harris County, TX
