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 February 26, 2026, in a Second Amendment Foundation funded case, Jews for the Preservation of Firearm Ownership, joined by the Buckeye Firearms Association, Center for Human Liberty, American Suppressor Association Foundation, Meridian Defense, and two individuals, 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

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