Gun Owners of America Files Motion for Summary Judgment Against ATF, Challenging NFA Provisions

FOR IMMEDIATE RELEASE

October 8, 2025

Washington, D.C.—Yesterday, Gun Owners of America, Inc., Gun Owners Foundation, together with a coalition of plaintiffs including Firearms Regulatory Accountability Coalition, Inc., Silencer Shop Foundation, B&T USA, LLC, Palmetto State Armory, LLC, SilencerCo Weapons Research, LLC, Brady Wetz, and fifteen states led by Texas, filed a motion for summary judgment in the U.S. District Court for the Northern District of Texas.

The motion seeks both a declaratory judgment that certain provisions of the National Firearms Act (NFA) are unconstitutional and an injunction to halt their enforcement as applied to newly “untaxed” firearms—including short-barreled shotguns, short-barreled rifles, silencers, and so-called “any other weapons” (AOWs).

GOA’s coalition of plaintiffs challenged the NFA’s making, transfer, and possession restrictions on these “untaxed” firearms, arguing they are unconstitutional following the passage of the One Big Beautiful Bill Act (Pub. L. No. 119-21) (“OBBB”), which President Donald J. Trump signed into law on July 4, 2025.

Effective January 1, 2026, the OBBB eliminates the NFA’s taxation requirements for these categories of firearms, leaving behind vestigial registration requirements that no longer serve as proof of payment of any tax. As a result, we argued that these excessive regulatory burdens go beyond Congress’s taxing power, cannot be defended under the Commerce Clause, and violate the Second Amendment.

With the filing of this motion for summary judgment, GOA and GOF now expect the Trump Administration to take an official position on untaxed firearm registration and file a response on or before November 6, 2025.

Erich Pratt, GOA’s Senior Vice President, issued the following statement:

“The National Firearms Act’s onerous registration requirements for untaxed firearms are a relic of a taxing scheme that no longer exists.  These provisions violate the Constitution by exceeding Congress’s authority and infringing on the Second Amendment rights of law-abiding Americans.  We urge the Court to strike down these unconstitutional restrictions and protect the rights of our members, supporters, and millions of gun owners nationwide.”

John Velleco, GOF’s Executive Vice President, issued the following statement: 

“The NFA is the strictest federal gun control law in the nation’s history. Even so, NFA-regulated weapons have proliferated in recent years, quickly becoming favored tools of the home defender, hunter, and hobbyist alike.  This lawsuit takes aim at FDR-era restrictions that never should have been passed in the first place. We look forward to taking a big step towards restoring the Founders’ original vision for American gun owners.”

GOA spokesmen are available for interviews. Gun Owners of America is a nonprofit grassroots lobbying organization dedicated to protecting the right to keep and bear arms without compromise. GOA represents over two million members and activists. For more information, visit GOA’s Press Center.

-GOA-