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
May 29th, 2026
Order transferring case to the San Angelo Division of the Northern District of Texas.
February 27th, 2026
REPLY filed by Pamela J Bondi, Bureau of Alcohol, Tobacco, Firearms and Explosives, Daniel P Driscoll, United States Department Of Justice re: 59 MOTION for Leave to File Additional Evidence in Support of Defendants' Motion for Summary Judgment
February 13th, 2026
RESPONSE 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 re: 59 MOTION for Leave to File Additional Evidence in Support of Defendants' Motion for Summary Judgment
February 12th, 2026
REPLY filed by Pamela J Bondi, Bureau of Alcohol, Tobacco, Firearms and Explosives, Daniel P Driscoll, United States Department Of Justice re: 28 MOTION for Summary Judgment
February 11th, 2026
MOTION to Enlarge Page Limit filed by Pamela J Bondi, Bureau of Alcohol, Tobacco, Firearms and Explosives, Daniel P Driscoll, United States Department Of Justice with Brief/Memorandum in Support.
February 11th, 2026
MOTION for Leave to File Additional Evidence in Support of Defendants' Motion for Summary Judgment filed by Pamela J Bondi, Bureau of Alcohol, Tobacco, Firearms and Explosives, Daniel P Driscoll, United States Department Of Justice with Brief/Memorandum in Support. 1, # 2 Proposed Order)
January 19th, 2026
REPLY 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 re: 17 MOTION for Summary Judgment Ex. 1 Citizens for a Clean Environment, # 2 Exhibit Ex. 2 Market Synergy Group, # 3 Exhibit Ex. 3 Miller, # 4 Exhibit Ex. 4 Robinson)
