A coalition of gun rights organizations has filed a lawsuit challenging the constitutionality of the National Firearms Act (NFA) of 1934. The lawsuit, Jensen v. ATF, was filed on October 9 in the U.S. District Court for the Northern District of Texas by groups including the Second Amendment Foundation (SAF), American Suppressor Association (ASA), National Rifle Association (NRA), and Firearms Policy Coalition (FPC).
The plaintiffs argue that the NFA’s registration requirements for suppressors, short-barreled rifles, short-barreled shotguns, and “Any Other Weapons” are no longer justified after Congress eliminated the tax that originally enforced the law through the “One Big Beautiful Bill.”
“With the tax now set to $0, the remaining registration requirements for these arms under the NFA have no constitutional basis. Completely removing them from the NFA is now a must, and this suit aims to eradicate the barriers to the exercise of the Second Amendment,” said SAF executive director Adam Kraut.
ASA executive director Knox Williams stated, “Since 1934, the NFA has imposed unconstitutional restrictions on law-abiding Texans and Americans. 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.”
Plaintiffs also include the Citizens Committee for the Right to Keep and Bear Arms (CCRKBA), Texas State Rifle Association, FPC Action Foundation, Hot Shots Custom LLC, and three individual citizens.
SAF founder Alan M. Gottlieb commented, “This is the best opportunity in a generation to eliminate major portions of the NFA since its inception nearly a century ago. The government is going to be hard-pressed to justify the law as a tax without a tax, and the type of regulation seen in the NFA is without any historical support. We’re hopeful its days are numbered.”
The NFA was enacted during the 1930s as the first major federal gun control law in the United States. It imposed a $200 transfer tax on certain firearms, including machine guns, silencers, and short-barreled rifles and shotguns. The law was originally justified as a tax measure rather than a direct ban, which allowed it to withstand early constitutional challenges. Critics have long argued that its true purpose was to discourage ownership through cost and bureaucracy rather than raise revenue.
With Congress having eliminated the tax component, gun rights advocates now argue that the government can no longer justify maintaining the NFA’s registration system or imposing penalties for unregistered items. The lawsuit also references recent Supreme Court precedent from NYSRPA v. Bruen (2022), which requires firearm regulations to align with historical traditions. Plaintiffs claim there is no historical precedent for the NFA’s registry or restrictions.
If successful, Jensen v. ATF could end registration requirements for suppressors and short-barreled firearms, removing a longstanding element of federal gun control.
The organizations involved have a history of legal action on Second Amendment issues. SAF has led multiple lawsuits to expand gun rights. ASA has worked to legalize suppressor ownership in many states. FPC focuses on litigation and public outreach against gun restrictions. The NRA is known as the oldest civil rights group supporting gun ownership rights.
Together, these groups hope that Jensen v. ATF could lead to significant changes in federal firearms regulation.
