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NO APPEAL IN NFA LAWSUIT, INJUNCTION NOW IN EFFECT

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The federal government’s decision to let the deadline slip without seeking an extension in Jensen v. ATF is more than a procedural footnote—it’s a tacit admission that the National Firearms Act’s registration-and-tax regime is on constitutionally shaky ground. By allowing the district court’s injunction to take effect, the ATF has effectively paused enforcement of the very provisions that have long been used to turn otherwise ordinary citizens into felons for possessing items like short-barreled rifles or suppressors without the proper paperwork and $200 tax stamp. For the first time in nearly a century, a federal court has told the agency it cannot treat these items as presumptively criminal, and the government appears unwilling—or unable—to mount an immediate defense on appeal.

That hesitation matters because the NFA has always rested on a shaky constitutional foundation: Congress’s power to tax combined with a regulatory scheme so burdensome that it functions as a de facto ban. SAF’s litigation strategy of attacking the tax-and-registration apparatus head-on, rather than nibbling around the edges with incremental challenges, has forced the government into a corner where it must either defend an increasingly unpopular and outdated law or watch its enforcement power erode. The fact that DOJ let the clock run out suggests internal doubts about whether the current Supreme Court—fresh off Bruen and its emphasis on text, history, and tradition—would uphold a 1934 framework built on Depression-era assumptions about “gangster weapons.”

For the broader Second Amendment community, the practical effect is immediate relief for plaintiffs and a powerful precedent that other challenges can cite. More importantly, it signals that the post-Bruen judiciary is willing to scrutinize not just carry restrictions but the entire architecture of federal gun control erected before Heller. If the injunction survives further litigation or settlement, it could open the door to nationwide challenges against suppressor and SBR rules, effectively normalizing items that have been artificially stigmatized for decades. The message to legislators and regulators is unmistakable: the era of treating paperwork violations as moral equivalents to violent crime is coming to an end, and the Second Amendment is no longer a second-class right waiting for administrative grace.

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