NFA Registration Under Fire: SAF Doubles Down in Federal Court

Austin Reville
Apr 16
4 min read

The fight against the National Firearms Act (NFA) is heating up again. This time, it’s zeroing in on one of the most controversial pieces still standing federal firearm registration. We are seeing gun rights groups, thanks to the removal of the NFA tax on certain items, attack the nearly 100 year old piece of legislation.

The Second Amendment Foundation (SAF) and its partners have filed a supplemental reply brief in Brown v. ATF. This is one of three major lawsuits challenging the constitutionality of the NFAL. These lawsuits are attacking the requirement of Americans having to register commonly owned firearms like suppressors and short-barreled rifles.

The Tax Is Gone—So Why Is Registration Still Here?

For decades, the NFA forced Americans to pay a $200 tax stamp, submit fingerprints, photos, and paperwork. All of this was combined into a registry of certain firearms by the federal government. But that changed when President Trump signed the One Big Beautiful Bill, eliminating the $200 tax on these items.

What that bill did not do, however, is address the glaring question of if the tax is gone, what legal authority justifies the registry? This is exactly what SAF and others are challenging.

SAF’s Argument: The Foundation of the NFA Has Collapsed

The NFA was originally justified under Congress’ taxing authority. Now that the tax is gone, SAF argues:

The registration requirement has no constitutional footing
The government can’t maintain a registry without the tax it was built on
The system now functions purely as a tool of control—not taxation

Since the Supreme Court in 1937 affirmed that the registry of these items is only legal under collection of taxes paid. This means now that no tax = no justification. This argument is straight forward and takes into account previous rulings by the Supreme Court in the Sonzinsky case from 1937 as established precedent.

Taking Apart the Government’s Case

The SAF’s latest filing directly dismantles the government’s defense of the NFA. SAF Director of Legal Operations Bill Sack made it clear;

“The court asked for targeted arguments—and SAF delivered, systematically rebutting every justification the government offered.”

This isn’t just a routine filing. It’s a focused effort to force the court to answer the question of can the federal government require you to register firearms without a valid constitutional basis? The outcome of this has wide reaching implications even at the state level. Several states require the registration of firearms and this outcome could impact those laws.

Who’s Backing the Challenge?

This isn’t a fringe lawsuit—it’s backed by some of the biggest names in the 2A fight:

This coalition signals just how significant this case could become. We are increasingly seeing gun groups band together to attack federal and state gun control. The results are starting to stack up in our favor. We have seen courts reject things such as magazine bans, pistol brace bans, and others as grass roots organizations are making gains.

This case extends far beyond just suppressors or short-barreled rifles. It could forever answer the question of whether the government can maintain a registry of firearms owned by law-abiding Americans.

This is something our Founding Fathers would be appalled by. SAF founder Alan Gottlieb didn’t mince words. He points out Americans own millions of these firearms legally. By requiring registration, it gives power to the same government the Second Amendment was meant to check.

This is fundamentally backwards to the principals that this nation was founded upon. The NFA has imposed nearly a century of unconstitutional burdens on law abiding citizens. This must stop. Most of the modern era of federal gun control has just updated the NFA base law to incorporate more. Attacking this law will forever shift firearm law in the U.S.

If SAF wins, the NFA registry for these items could collapse. It would set a precedent limiting future federal gun registries. More importantly, it would reinforce that constitutional rights cannot be regulated through backdoor bureaucratic schemes

However, ff they lose that means that the government retains the power to track ownership of certain firearms indefinitely. It will alter how the Second Amendment is looked out nationwide as even without a tax, the registry of firearms can remain intact.

This is something that we here at 2 If By Sea Tactical, have been tracking and advocating for since the shift in the tax in January of 2026. We must reenforce that rights cannot be registered, taxed, or otherwise hindered by government. These rights exist for the reason of keeping government in check.

We are currently seeing what happens when government is out of control here in Minnesota. We are seeing a litany of gun control bills and tax bills that further put upon the citizens. The Bill of Rights was put in place to give us protections. It is time for the court to reaffirm those protections.

We live in an exciting time in the firearm world. We are seeing the legal battlefield becoming more active than ever. We are seeing more cases like Brown v. ATF that could decide in our favor that we have rights and the government cannot infringe upon them.

The bottom line here though is that the tax may be gone—but the fight isn’t. Now that the original justification for the NFA has been stripped away, we have groups finally fighting the second piece. That is to get the courts to do the same with the registry itself.

After nearly 100 years, we may finally get the question answered. Can the government keep a gun registry without the legal authority it was built on? We may get that answer sooner than you think.

Here at 2 If By Sea Tactical we strive to bring you the best experience in the firearms world. As we continue to grow the media arm of 2 If By Sea, make sure you keep tuning in to our Youtube and Rumble channels and right here at “The Patriot’s Almanac” to stay informed on the latest happenings in the firearm world! But we are not lawyers, so this isn't legal guidance. We are proud to be Southern Minnesota source for all things 2A.