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Tipsheet

These Gun Rights Groups Slapped a 'Big Beautiful Lawsuit' on the Government That Might Change Everything

These Gun Rights Groups Slapped a 'Big Beautiful Lawsuit' on the Government That Might Change Everything
AP Photo/Josh Anderson

Several pro-gun organizations have filed a “Big Beautiful Lawsuit” against the government, challenging the constitutionality of the National Firearms Act (NFA) after Congress passed a sweeping spending bill earlier this month.

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The plaintiffs in the lawsuit include Gun Owners of America (GOA), the Silencer Shop Foundation, and several gun manufacturers such as Palmetto State Armory and B&T USA. 

They are suing the Bureau for Alcohol, Tobacco, Firearms, and Explosives (ATF), the Justice Department, Attorney General Pam Bondi, and Acting ATF Director Daniel Driscoll. Since the One Big Beautiful Bill Act eliminated the $200 excise tax on most NFA-regulated firearms, such as silencers, short-barreled rifles, and shotguns, the plaintiffs contend that the NFA is “now unconstitutional” according to the lawsuit.

This is because Congress had originally justified the NFA under its power to tax certain firearms. Now that this authority can no longer be exercised, the plaintiffs argue that it has no constitutional basis. The plaintiffs are asking the court to “enjoin Defendants from implementing, enforcing, or otherwise acting under the authority of the NFA with respect to untaxed firearms.”

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Brady Wetz, an individual plaintiff, argues that he would purchase some of the firearms that were previously taxed now that the Big Beautiful Bill has passed, but can’t because of the NFA’s “onerous registration requirement.”

Wetz points out the paperwork and biometric data requirements are similar to criminal procedures because they demand “the collection of personal information akin to that obtained from an individual being arrested and charged with a crime.”

The attorneys further point out that “Registering firearms … under the NFA will impose a time burden,” referring to lengthy wait times and paperwork delays. 

The other plaintiffs contend that the rules harm business. They reported that many potential customers are not purchasing these firearms because they do not wish to register these items. This has limited sales of these products. “Many of B&T’s customers do not wish to purchase a product requiring submission of personally identifying information to the federal government and registration,” the lawsuit notes.

The plaintiffs insist that “the NFA’s registration requirements deter a significant number of existing and prospective gun owners from purchasing short-barreled firearms and silencers,” which creates an “artificially restricted marketplace.”

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If the court rules in the plaintiffs’ favor, it could result in more freedom for gun owners. It would be a key step toward dismantling what has been a key pillar of federal gun control. It would substantially loosen federal oversight on these items — which would be the most significant rollback of federal gun control efforts since Congress passed the NFA in 1934.

This could be a tremendous victory for gun rights. The NFA is a clear violation of the Second Amendment and should be struck down. Hopefully, this lawsuit paves the way for that outcome.

Editor’s Note: President Trump and Republicans across the country are doing everything they can to protect our Second Amendment rights and right to self-defense.

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