Gun Rights Group Files Brief To Rebut DOJ’s Misleading Arguments In NFA Challenge

Arguments by the Trump Administration’s Department of Justice for continuing the registration portion of the National Firearms Act (NFA) now that the tax has been eliminated have drawn the ire of a major gun-rights group.

Congress killed the $200 tax on suppressors, short-barreled rifles (SBRs), short-barreled shotguns (SBSs), and any other weapons (AOWs) when it passed President Donald Trump’s One Big Beautiful Bill last summer. Gun-rights groups immediately filed a handful of lawsuits challenging the remainder of the NFA, and the DOJ is unexpectedly fighting those lawsuits, despite the administration’s promise to battle anti-Second Amendment laws.

In one of the cases, Brown v. ATF, the Second Amendment Foundation (SAF) recently filed a supplemental reply brief countering the federal government’s arguments in support of the NFA.

“This reply brief gave us the perfect opportunity to rebut the government’s arguments in support of the NFA,” Bill Sack, SAF director of legal operations, said in a news release announcing the filing. “We were encouraged the court requested targeted supplemental briefing that addressed key elements of the proper Second Amendment analysis. In our principle brief, we laid out in detail why the answer to every question posed supported our position. And now with this reply brief, we have driven home the point and dismantled each of the government’s arguments to the contrary.”

In the brief, FPC argued that the government used incorrect reasoning in its argument about which arms are “in common use” and which are not. And in doing so, pointed out the government’s inability to address the second Bruen standard.