NOVEMBER 13, 2025

SAF Files Motion for Summary Judgment in NFA Case

The Second Amendment Foundation (SAF) and its partners have filed a motion for summary judgment in one of the organization’s two lawsuits challenging the constitutionality of the National Firearms Act (NFA).

Since 1934, the NFA has required anyone who wished to purchase a silencer, short-barreled rifle, short-barreled shotgun or “Any Other Weapon” (AOW) to pay a $200 tax and register the firearm with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). 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.

“The Court has all the facts it needs to hold major portions of the NFA unconstitutional,” said SAF Executive Director Adam Kraut. “Since the tax for the affected arms is zeroed out, the only reason they remain under the NFA is to create an unconstitutional registration scheme. We’re hopeful the court recognizes this blatant infringement for what it is – a violation of congressional power and Americans’ Second Amendment rights.”

Filed in the United States District Court for the Northern District of Texas, plaintiffs in the SAF-supported case, Jensen v. ATF, are SAF sister organization the Citizens Committee for the Right to Keep and Bear Arms, FPC Action Foundation, Texas Rifle Association, Hot Shots Custom and three individuals.

“We believe so strongly that silencers, short-barreled rifles and short-barreled shotguns should be removed from the NFA that we have filed two lawsuits challenging the constitutionality of the registration scheme,” said SAF founder and Executive Vice President Alan M. Gottlieb. “It can’t be a tax without a tax and can’t be gun regulation because it runs afoul of the Second Amendment.”

For more information visit SAF.org.

The Second Amendment Foundation (saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group dedicated to safeguarding and promoting the fundamental rights of individuals enshrined in the Second Amendment of the United States Constitution. SAF engages in aggressive legal action to ensure the principles of armed self-defense, personal liberty, and the ownership of arms are defended, secured, and restored. Through public education initiatives, SAF teaches the importance of the Second Amendment to promote a society that values and exercises the right to keep and bear arms.