Second Amendment Groups Announce Intent to Sue Over NFA After OBBB Signing

Now that the House has approved the One Big Beautiful Bill that zeroes out taxes on suppressors, short-barreled firearms, and "any other weapons", we can expect those fees to disappear come January 1. Though the legislation ultimately didn't contain a provision removing the registration requirements for restricted NFA firearms, a coalition of Second Amendment organizations has announced their intent to file a federal lawsuit challenging the constitutionality of the National Firearms Act in court. 

The statement, from the Second Amendment Foundation, Firearms Policy Coalition, National Rifle Association, and the American Suppressor Association, was released shortly after the House approved the OBBB on a 218-214 a day before President Donald Trump's July 4 deadline. 

When President Trump signs the One Big Beautiful Bill - which will eliminate the excise tax on suppressors, short-barreled rifles, short-barreled shotguns, and AOWs — he will have delivered the biggest blow to the National Firearms Act since its passage nearly a century ago. We thank President Trump for his leadership and every member of Congress who fought for law-abiding gun owners throughout the reconciliation process.

By eliminating the excise tax on these NFA items, the OBBB will not only lift the heavy burden of an unconstitutional tax from the backs of hardworking Americans, it will also serve as a critical step towards our ultimate goal of dismantling the NFA once and for all. But there is much work yet to be done.

While we will continue to fight for the total legislative elimination of the NFA, our organizations are proud to stand together in a new strategic lawsuit to challenge the constitutionality of the NFA in Federal Court.

While the president is expected to sign the OBBB tomorrow, the language that zeroes out the taxes on most NFA items won't take effect until January 1, which has some industry officials concerned about a large slowdown in business in the coming months while customers wait for the cost of suppressors, short-barreled rifles, and short-barreled shotguns to come down by a couple hundred bucks. 

Hopefully these companies can weather a few months of paltry sales, because I suspect that business will be booming come January 1, 2026, even if the registration requirements are still in place.

That's not a foregone conclusion. The 2A groups suing over the constitutionality of the NFA will almost certainly ask for an injunction halting enforcement of the law, either in part or in its entirety, while the litigation is ongoing. They'll also be able to argue that the registration requirement for these items is now moot, since the registry is essentially a list of who paid the $200 tax on the item in question. If there's no tax to pay, how and why can there be a registry? So, it's entirely possible that the judge overseeing the litigation will agree to halt enforcement of the registration requirement if that's part of the injunctive relief requested. 

We'll have more on the litigation once it's officially filed, but it's great to see that this coalition was already preparing for the next step after the One Big Beautiful Bill becomes the law of the land.  I know many of us are disappointed that the broader language approved by the Senate Finance Committee wasn't included in the final bill, but what was approved will still be a big help in undoing the unconstitutional National Firearms Act once and for all... and before the Democrats regain control of Congress and use the budget process to increase the NFA taxes from zero to some ridiculous figure.