The Department of Justice’s decision to defend the National Firearms Act in court is more than routine litigation—it’s a deliberate signal that the Biden administration intends to treat the 1934 law as an untouchable pillar of federal gun control. By fighting the GOA’s challenge head-on, DOJ is betting that judges will continue to view the NFA’s registration, tax, and possession restrictions as “longstanding” and therefore immune from the Bruen test. That gamble reveals how little faith the government has in its own ability to justify these rules under the new constitutional standard that demands historical analogues rather than policy preferences.
Gun Owners of America’s Pennsylvania lawsuit is the latest front in a coordinated legal offensive that treats the NFA not as settled law but as a 90-year-old regulatory relic built on a Depression-era revenue scheme. The case forces courts to confront whether a $200 tax stamp and a federal registry can survive when the Supreme Court has already rejected interest-balancing in favor of text, history, and tradition. If GOA succeeds, the ripple effects would be immediate: short-barreled rifles and shotguns, suppressors, and even AOWs could move from heavily regulated to constitutionally protected, collapsing the very distinctions the ATF has spent decades enforcing.
For the 2A community this isn’t just another lawsuit—it’s a stress test of whether Bruen was a one-off victory or the start of a sustained rollback of the administrative state’s grip on firearms. Every filing, every DOJ brief, and every hearing now carries precedent-setting weight. The outcome will either entrench the NFA as untouchable or open the door to the first meaningful deregulation of Title II items since the Hughes Amendment froze the machine-gun registry in 1986.