Judge rules against NFA

https://saf.org/judge-short-barreled-rifle-suppressor-nfa-registration-scheme-unconstitutional/

Aug. 5, 2026 — A judge for the U.S. District Court for the Northern District of Texas has ruled that the remaining registration scheme for short-barreled rifles and suppressors in the National Firearms Act (NFA) is unconstitutional in Jensen v. ATF, a case supported by the Second Amendment Foundation (SAF).

Since 1934, the NFA required anyone who wished to purchase certain classes of firearms, including silencers and short-barreled rifles, to pay a $200 tax and register the firearm with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), purportedly drawing from Congressional authority to levy taxes. Through the passage of the One Big Beautiful Bill, however, the tax on these arms was eliminated but the registration requirement was left in place. SAF and its partners have filed three lawsuits challenging the remaining registration requirements, because without the tax, Congress’ reliance on their taxing power is no longer justifiable.

“The basis for each lawsuit challenging the NFA registration scheme is the same – without the tax, the remaining requirements for the affected arms under the NFA have no constitutional basis,” said SAF Executive Director Adam Kraut. “And today the first court to rule on the issue has agreed with us.

https://www.armslist.com/blog/get-involved/fed-judge-says-suppressor-sbr-nfa-registration-unconstitutional

Judge Hendrix’s ruling applies to the plaintiffs in Jensen v. ATF, which includes CCRKBA and its members, and those in another case which was consolidated with Jensen.

“There is no longer any reason for this government gun registry scheme to continue,” Gottlieb observed, “and our victory will ideally lead to other successful court rulings across the country. American citizens should never have their names on a government registry in order to exercise their Second Amendment rights.”

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Suck on THAT, Jackboots…

Speaking of gun rights groups… is the NRA still in existance?

Just for the heck of it I took a peep at NRA-ILA website. NRA-ILA Top Stories dated 2020 babbling about Biden.

WHO? Sounds vaguely familiar. Oh that group that needs gun control so they can keep the cash flow coming?

Oh, and I take credit for this ruling because I just submitted an F1.

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Good summary from WGL YT channel:

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For now….

(don’t mean to be Debbie Downer)

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Isn’t that the wardrobe & and vacation charity?

That seems more interested in “chicken little” fundraising, than actually solving a problem.

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SBRs for everybody! We’ll see if the GOV comes back with anything before Wed.

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DOJ let it ride, Trump didn’t want the NFA defended. I think Brandon Herrera got the first unregistered silencer.

Be interesting to see how it all shakes out.

He did. He and Wes Virdell with GOA and SilencerShop.

From GOA email.

“GOA & FRIENDS MADE HISTORY!

At 12:01am CST, the first lawful transfer of a previously regulated NFA item took place in Texas. And who better to be the recipient of that transfer than two GOA members, Brandon Herrera & Wes Virdell.”

So I don’t have to register any more Shorties?

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It only applies to GOA members, some or all of Texas, and it seems one other group. I can’t recall. The case was in TX and the “win” only applied to certain entities. GOA being one for “current and future members.”

Again from their email:

“GOA members will enjoy protection against the registration requirements for SBRs, SBSs, AOWs and Silencers.”

Here is link to suit results. Actually a lot more States involved.

Unless you live in the 15 States that require NFA paperwork regardless of the Federal requirement no longer being there.

This has the ingredients to make a huge mess.

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Here is the NRA-ILA take on that. Unless I’m reading wrong they are saying it should not matter. But yes I’m sure any state that can cause a problem will.

The gun shops in NC are all saying they won’t sell without a Form4. Or at least the ones I have seen make public comments.

They are claiming that § 14-288.8, which literally calls NFA items “weapons of mass death and destruction” bans them from possession or transfer. Which it does by the plain reading of the text:

(a) Except as otherwise provided in this section, it is unlawful for any person to manufacture, assemble, possess, store, transport, sell, offer to sell, purchase, offer to purchase, deliver or give to another, or acquire any weapon of mass death and destruction.

One of the only exemptions is: Persons who lawfully possess or own a weapon as defined in subsection (c) of this section in compliance with 26 USC Ch53 §§ 5801-5871 - which is the 1934 NFA.

(b) This section does not apply to any of the following:

(5) Persons who lawfully possess or own a weapon as defined in subsection (c) of this section in compliance with 26 USC Ch53 §§ 5801-5871. Nothing in this subdivision shall limit the discretion of the sheriff in executing the paperwork required by the United States Bureau of Alcohol, Tobacco and Firearms for such person to obtain the weapon.*

They way they are making it sounds, if the NFA is totally repealed, there is no legal way for NC residents to posses any (formally) NFA Item. If the path for the exemption can’t be fulfilled [no NFA], then there is no exemption an SBRs, SBSs, DD, Silencers and Machine guns are all banned in NC. And reading the statute, they appear to be right.

This is going to be a giant clusterfuck.

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It wasn’t really 7 days.

https://thehill.com/regulation/court-battles/6027682-doj-gun-ruling-nfa-appeal-silence/

Same here. One (Bear Arms) put a message in instagram being a dick about it. “you’ll be asked to leave”

Really, douche? I wouldn’t be transfering cans yet either, but I wouldn’t go on social media and piss off my customers. How fucking dumb are most FFLs?

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I saw the notice on IG, but it didn’t say who posted it.

Do those guys even want to sell guns ever again? Eh, I’m sure some Fudd will continue to buy there regardless. Gun owners are awesome at stabbing each other in the back so long as their narrow window of the gun industry is protected. Shame.

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Insane. I think I bought a pistol from them 4 years ago.

I would think that if this stands and the Feds just say ok we have wiped our hands of SBR SBS Sup AOW then could / would put wording in the remaining 5801-5871 that not only are those items no longer controlled but also do not fall under the umbrella of weapons of mass destruction.

I would think NC laws are simply parroting the Federal law but you guys do have a Dem Governor. Hell we’ve got a radical commie Gov and a moron AG here in VA now. They passed a law that basically made everything illegal. That’s been called off for now. I’ll have to look up our code. Or check Greentop and American Arms and see what they are doing.