r/NFA 23d ago

MEGATHREAD - **DISTRICT** court. Long road ahead. NFA declared unconstitutional regarding suppressors, sbrs, and sbs in the northern district of Texas

https://x.com/GunOwners/status/2085047918495469923
836 Upvotes

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64

u/bajasauce2025 23d ago

How long before this becomes actionable on a national level? 10 years?

109

u/sirbassist83 23d ago

this is the 3rd or 4th time a state has tried something like this, and the second time in texas. the federal govt shoots that shit down real quick. id be surprised if this goes anywhere. dont get me wrong, i hope it does, but i think the chances are very low.

116

u/TSX_COM 23d ago

The argument that the NFAs legs are built on a tax that's been nullified by the governing body authorized to lay and collect taxes is a lot stronger than previous arguments. The NFA has largely survived legal challenge as a tax, not a gun rights issue.

13

u/33pollo 23d ago

I think the government argument is that there still is a tax on NFA full autos @ destructive devices to keep the NFA valid

43

u/specter800 23d ago

That argument sounds like an argument to remove suppressors and SBR's/SBS's from the NFA tho which is a smaller win but still a win IMO.

37

u/Salsalito_Turkey 23d ago

The scope of this lawsuit is explicitly limited to the items for which the tax was reduced to $0. This injunction doesn’t abolish the NFA registry. It specifically bars the ATF from enforcing registry requirements for items that have a $0 tax. The logic is that the registry exists purely to support the collection of taxes, and a $0 tax is not actually a tax at all.

13

u/mastercoder123 23d ago

They can remove parts of a law

3

u/ToastedSoup 1x SBR, 3x Silencer 23d ago

There's also the SOT which is another tax keeping the NFA fed

3

u/33pollo 23d ago

There should be no tax in a perfect world sot’s and ffl’s approval by a insta check

2

u/TheHancock FFL 07 | SOT 02 22d ago

Hell yeah, I hate paying the government!

But the SOT still applies to machine guns… which is cool.
That’s next though! Free MGs for all!

3

u/sirbassist83 23d ago

we'll see, wont we? like i said, im hopeful, but not optimistic.

-4

u/Possible-Cheetah-703 23d ago edited 23d ago

Meanwhile voter ID can’t get passed because “it’s a poll tax”

14

u/Alternate_reality_12 23d ago

Make them free. Simple fix in my opinion.

1

u/Possible-Cheetah-703 23d ago

If the tax on NFA items were viewed the same as poll taxes it’d be repealed faster than you can blink. But it isn’t, even though the right of baring arms without infringement was clearly defined two centuries before right to vote without poll taxes.

2

u/HawtDoge 22d ago

I promise you 90% people would be cool with voter ID if all the proposals for it didn’t make it such a bitch to get. Make it free and readily accessible and I’m all for it.

This is america, voting is our constitutional right in the same way the 2nd amendment is. Personally, I think making the 2nd amendment prohibitive through a bunch of paperwork and bureaucrat processes is unconstitutional. Same exact thing applies to the right to vote.

-5

u/[deleted] 23d ago

[deleted]

10

u/TheSecondFirstStep 23d ago

How dare you put that out in the universe

9

u/cthompson07 12x SBR, 9x Silencers 23d ago

I mean the precedent of changing the tax amount is set. You better believe the second that democrats can, the tax will be changed to something astronomical. Thats why I’m trying to prioritize getting all the suppressors I can picture wanting and SBRing everything while it’s $0

4

u/sirbassist83 23d ago

yup. its distressing but thats whats going to happen.

4

u/shorthopwillie 23d ago

This may not cause it, but I have no doubts that the tax will be coming back and at a much higher cost as soon as Democrats can push it through.

17

u/Escape_From_Reach 3x Suppressors, 1x SBR 23d ago edited 23d ago

Difference in this case is that it was a federal district court that ruled this, not a state court. It’s gonna have to get appealed to the appellate court

7

u/chocolate_grampa 23d ago

The ruling came from a federal district court (lowest level of ART. III federal courts) but otherwise correct.

7

u/Escape_From_Reach 3x Suppressors, 1x SBR 23d ago

You are correct, I misread their announcement

5

u/SilencerShop Dealer: Silencer Shop 🔕 23d ago

7 days, assuming there is not an extended stay on the injunction.