BELLEVUE, Wash. — Nov. 14, 2025 — The Second Amendment Foundation (SAF) and its partners have filed a motion for summary judgment in the second of the organization’s two lawsuits challenging the constitutionality of the National Firearms Act (NFA).
Until President Trump signed the One Big Beautiful Bill Act, the NFA established a $200 tax and registration regime on certain classes of firearms including silencers, short-barreled rifles, short-barreled shotguns, and “any other weapons” (AOWs), drawing from Congressional authority to level taxes. After the Big Beautiful Bill eliminated the $200 tax on those arms, SAF and its partners filed a lawsuit challenging the remaining registration requirements, because without the tax, Congress’ reliance on their taxing power is no longer justifiable.
“Congress is on record as saying the NFA is a tax law,” said SAF Executive Director Adam Kraut. “So, without the tax, the law’s constitutional hook has evaporated along with Congress’ power to demand registration, fingerprints, wait times and other regulatory harassment that it said was necessary to ensure the tax itself was paid. Short-barreled firearms and silencers are commonly owned arms under the Constitution just like handguns and must be treated as such under the law.”
SAF is joined in Brown v. ATF by the American Suppressor Association, National Rifle Association, Firearms Policy Coalition, Prime Protection STL Tactical Boutique and two private citizens.
“The NFA has always been a bad law built on a shaky constitutional foundation,” said SAF founder and Executive Vice President Alan M. Gottlieb. “With the passage of the Big Beautiful Bill, that foundation went from shaky to nonexistent. SAF is thrilled to have the opportunity to sweep the pieces of this broken law into the dustbin of history.” For more information visit SAF.org.
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