On October 9, 2025, a significant legal challenge was launched in the U.S. District Court for the Northern District of Texas, Amarillo Division. The lawsuit, Jenson v. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), was filed by individuals John Jensen, Jeremy Neusch, and David Lynn Smith, along with businesses and organizations such as Hot Shots Custom LLC, the Texas State Rifle Association (TSRA), the Firearms Policy Coalition (FPC), National Rifle Association (NRA), American Suppressor Association (ASA), and the Second Amendment Foundation (FPC), targets the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), its Acting Director Daniel Driscoll, the U.S. Department of Justice (DOJ), and Attorney General Pam Bondi.
This case seeks to dismantle the National Firearms Act (NFA) registration requirements for certain firearms and suppressors, arguing that recent legislative changes have rendered them unconstitutional.
“This critical case is another step toward ending the immoral and unconstitutional National Firearms Act,” said FPC President Brandon Combs. “FPC is proud to stand with our allies and drive our nationwide strategy to dismantle this federal ban scheme. We will continue to fight forward until all peaceable people can exercise their rights when, where, and how they choose.”
The NFA, enacted in 1934, imposed a $200 tax, equivalent to about $5,000 today, on the making and transfer of specific firearms, including suppressors, short-barreled rifles (SBRs), short-barreled shotguns (SBSs), and any other weapons (AOWs). It also introduced a detailed registration system to enforce this tax. The Supreme Court upheld the NFA as a taxing measure in Sonzinsky v. United States, describing it as an “interrelated statutory system for the taxation of certain classes of firearms.” However, the One Big Beautiful Bill Act (OBBB), signed into law on July 4, 2025, eliminated these taxes, leaving the registration mandates intact.
Plaintiffs argue that without the tax, the registration requirements lack constitutional grounding under Congress’s taxing power or any other Article I authority, making the NFA’s application to these untaxed firearms invalid.
“Thanks to President Trump and his historic One Big Beautiful Bill, the NRA and gun-rights advocates successfully repealed the unnecessary and burdensome $200 tax imposed on law-abiding citizens through the National Firearms Act,” said John Commerford, Executive Director of NRA-ILA. “While the elimination of the NFA tax marked a significant victory, our work is far from over. The NRA will not rest until the National Firearms Act is eliminated in its entirety, and today’s filing in Texas marks another critical step in that process.”
The complaint highlights the practical burdens on plaintiffs. One plaintiff, John Jensen, a disabled hunter from Randall County, Texas, seeks to use suppressors to protect his hearing and adopt the use of SBRs for his medical condition, yet faces felony risks under the NFA. Neusch, from Potter County, and Smith share similar struggles, with Neusch waiting seven months for a suppressor approval. Hot Shots Custom LLC, a local gunsmithing business, reports lost sales because customers are reluctant to submit personal data for registration. The organizational plaintiffs represent members similarly affected, amplifying the case’s scope.
“I had emergency spinal cord surgery in 2020, which left me with physical limitations. I need to use a suppressor to reduce or tame the recoil of my rifle for self-defense,” Jensen told AmmoLand News. “I also have a hard time lifting a full-sized rifle with my support hand; therefore, I want to use an SBR to make it easier. Previously, I lived behind enemy lines in the people’s repugnant of New Jersey. Before my spinal cord injury, I enjoyed hunting and couldn’t legally own or use a suppressor in NJ, and I have permanent damage to my hearing. I pray that the court upholds the Second Amendment and adheres to the historical scrutiny of the Bruen decision for all Americans, but especially for those with disabilities.”
Beyond the tax argument, the lawsuit challenges the NFA under the Second Amendment, citing New York State Rifle & Pistol Association v. Bruen. This ruling presumes protection for all “arms” unless the government proves a historical tradition of regulation. The plaintiffs assert that suppressors and SBRs are neither dangerous nor unusual and lack a historical basis for registration, rendering the NFA’s scheme unconstitutional. They distinguish their case from United States v. Peterson, where the Fifth Circuit upheld suppressor regulations, noting a pending en banc review and reserving the right to argue that Peterson was wrongly decided.
“Since 1934, the NFA has imposed unconstitutional restrictions on law-abiding Texans and Americans,” said Knox Williams, President and Executive Director of the American Suppressor Association. “Now that the excise tax on suppressors and short-barreled rifles has been removed, the registration regime is unlawful. ASA is fighting to uphold the Second Amendment rights of all Americans, and we will not stop until suppressors and other lawful firearms and accessories are no longer subject to unconstitutional regulations or registration requirements.”
Jurisdiction is grounded in 28 U.S.C. § 1331, as the case involves federal law. Equitable relief is sought to prevent unconstitutional actions by federal entities, as supported by the Free Enterprise Fund v. PCAOB decision. The plaintiffs request declarations that the NFA is unconstitutional for untaxed firearms, specifically for suppressors and SBRs under the Second Amendment, and seek injunctions against the ATF’s enforcement of the NFA.
This case arrives at a pivotal moment. The OBBB’s tax repeal was a legislative win, but retaining registration smacks of bureaucratic inertia. For individuals like Jensen, who rely on these tools for practical use, and businesses like Hot Shots, the stakes are personal and economic.
The Second Amendment claim could set a precedent, potentially freeing a range of firearms from federal oversight if Bruen’s historical test prevails. The legal and firearms community is watching closely, with the outcome poised to reshape gun rights and federal authority.
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About John Crump
Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @crumpyss, or at www.crumpy.com.
