Major Gun Rights Coalition Files Second Federal Challenge to National Firearms Act

Historic Multi-Group Legal Effort Targets NFA Constitutionality

A coalition of four prominent Second Amendment advocacy organizations launched their second coordinated federal lawsuit this week aimed at dismantling the National Firearms Act's constitutional foundation.

The American Suppressor Association, Firearms Policy Coalition, National Rifle Association, and Second Amendment Foundation jointly filed Jensen v. ATF on Thursday in the U.S. District Court for the Northern District of Texas.

This legal action represents the coalition's second collaborative challenge, following their August filing of Brown v. ATF in a Missouri federal courthouse.

The Legal Arguments

Dual Constitutional Challenges

Similar to the Brown case, Jensen attacks the Depression-era legislation on two fundamental grounds: first, that Congress overstepped its constitutional authority when enacting the law, and second, that the Act infringes upon citizens' constitutional right to keep and bear arms as guaranteed by the Second Amendment.

Historical Context of the NFA

Originally enacted in 1934, the National Firearms Act imposed a tax reaching up to $200 on both the manufacturing and transfer of specific firearm categories. Three years later, in 1937, the Supreme Court validated this taxation scheme as constitutionally permissible under Congress's power to levy taxes.

The Game-Changing Development

Zero Tax Rate Creates Legal Vulnerability

The legal landscape shifted dramatically with the elimination of tax requirements on suppressors and short-barreled firearms through the One Big Beautiful Bill Act. With this tax now set at zero, the plaintiffs contend that the NFA's registration mandates and ownership restrictions can no longer stand on Congress's taxing authority, rendering them unconstitutional.

"This represents the most significant chance in a generation to dismantle substantial sections of the NFA since it was established nearly a century ago," explained Alan Gottlieb, founder and Executive Vice President of SAF. "The government faces a substantial challenge in defending the law as legitimate taxation when no tax exists, and the regulatory framework imposed on Second Amendment-protected firearms under the NFA lacks any historical precedent. We believe its time is coming to an end."

Broader Legal Landscape

Multiple Fronts of Legal Pressure

The National Firearms Act faces examination in several additional pending cases beyond Jensen and Brown. Meanwhile, a coalition of 15 states has joined forces with multiple members of the firearms and suppressor manufacturing sectors to support NFA reform efforts in Silencer Shop Foundation et al. v. ATF.