WASHINGTON, D.C. – Today, The American Suppressor Association (ASA), National Rifle Association (NRA), Second Amendment Foundation (SAF), and Firearms Policy Coalition (FPC) announced the filing of a lawsuit challenging the constitutionality of the National Firearms Act of 1934 (NFA). The case, Jensen v. ATF, was filed in the U.S. District Court for the Northern District of Texas.
This complaint asserts that, with the removal of the excise tax on constitutionally protected arms like suppressors and short-barreled rifles, the NFA registration regime can no longer be upheld as a legal exercise of Congress’s taxing power.
The lawsuit also contends that the NFA registry on protected arms constitutes a violation of the Second Amendment. The Supreme Court has ruled that all firearms regulations must be consistent with our nation’s historical tradition of firearm regulation. According to the plaintiffs, there is no such tradition that supports the NFA’s registration regime.
“Since 1934, the NFA has imposed unconstitutional restrictions on law-abiding Texans and Americans,” said Knox Williams, President and Executive Director of the American Suppressor Association. “Now that the excise tax on suppressors and short-barreled rifles has been removed, the registration regime is unlawful. ASA is fighting to uphold the Second Amendment rights of all Americans, and we will not stop until suppressors and other lawful firearms and accessories are no longer subject to unconstitutional regulations or registration requirements.”
The plaintiffs in the case include the Texas State Rifle Association, FPC Action Foundation, Citizens Committee for the Right to Keep and Bear Arms, Hot Shots Custom LLC, and three individuals.