Hate ads?! Want to be able to search and filter? Day and Night mode? Subscribe for just $5 a month!

NFA Under Pressure: 3rd Lawsuit Filed by 2A Groups Challenging Constitutionality

Listen to Article

The National Firearms Act (NFA) of 1934, that dusty relic of New Deal-era overreach, is facing its toughest constitutional scrutiny yet as the third major lawsuit from Second Amendment powerhouse groups lands in federal court. Filed this Wednesday, the suit zeroes in on a game-changing Supreme Court footnote from the Garland v. Cargill decision—y’know, the one that axed bump stocks—which quietly invalidated the $200 excise tax on suppressors, short-barreled rifles (SBRs), and short-barreled shotguns (SBSs). The plaintiffs argue that without this prohibitive tax (originally pegged to Depression-era dollars but frozen in amber at $200), the entire NFA registration regime crumbles under its own weight. It’s a brilliant legal jujitsu move: if the tax was the fig leaf for constitutionality back when the Court upheld the NFA in 1939’s U.S. v. Miller, its demise strips the registry bare, exposing it as an unconstitutional prior restraint on the right to keep and bear arms.

This isn’t just lawyerly nitpicking; it’s a direct assault on the bureaucratic stranglehold that’s turned everyday Americans into federal registrants for owning tools like quiet-shooting suppressors (hearing protectors, really) or compact SBRs favored by home defenders. Context matters here: the NFA was sold as a revenue measure to fund the government, not a backdoor gun ban. With the tax gone—thanks to Cargill’s logic that it was just another unconstitutional barrier—the ATF’s Form 4 wait times (often 6-12 months of red-tape purgatory), fingerprints, photos, and shall-issue approvals look more like the registration schemes struck down in cases like Haywood v. Drown. Previous suits, like those from Gun Owners of America and the Firearms Policy Coalition, have chipped away at NFA edges; this one could dynamite the foundation, potentially freeing millions of suppressed firearms from Big Brother’s ledger.

For the 2A community, the implications are electric: victory means suppressors go over-the-counter like any other firearm accessory, SBRs become build-your-own freedom projects without ATF busybodies, and the dominoes might topple other NFA absurdities like Any Other Weapons (AOWs). Gun owners, stock up on popcorn—this could be the crack that shatters the NFA’s iron grip, reminding D.C. that the Second Amendment isn’t a privilege to be taxed into oblivion. Stay vigilant, patriots; the tide is turning.

Share this story