FPC Action Foundation Files New Lawsuit to Strike Down National Firearms Act

AMARILLO, Texas (October 9, 2025) — Today, FPC Action Foundation (FPCAF) announced the filing of a major new federal lawsuit challenging the National Firearms Act of 1934 (NFA) on both taxation and Second Amendment grounds. The lawsuit follows the passage of the One Big Beautiful Bill Act, which eliminated the tax on most NFA-regulated items.

The plaintiffs argue that the NFA cannot survive constitutional scrutiny “because there is no historical tradition of requiring the registration of protected arms at all, much less punishing the failure to do so with hefty criminal penalties.” Among other things, they are seeking a judicial declaration that the NFA’s regulation of now-untaxed firearms exceeds Congress’s enumerated powers and violates the Second Amendment, as well as a permanent injunction.

“The NFA has always been unconstitutional, and now it’s doubly so,” said FPC Action Foundation President Cody J. Wisniewski. “The government can’t gatekeep constitutionally protected arms, and it especially cannot do so behind a registration scheme that has a stated purpose of tracking who has paid a now non-existent tax.”

The complaint in Jensen v. ATF can be viewed at firearmspolicy.org/jensen. FPCAF is joined in the lawsuit by three individuals, Hot Shots Custom LLC, Texas State Rifle Association, and Citizens Committee for the Right to Keep and Bear Arms. The plaintiffs are represented by David Thompson, Peter Patterson, and Nicholas Varone of Cooper & Kirk, PLLC, along with R. Brent Cooper of Cooper & Scully, P.C.

About FPC Action Foundation

FPC Action Foundation (FPCActionFoundation.org), a 501(c)(3) nonprofit organization, exists to create a world of maximal human liberty through charitable legal action, public policy, education, and research programs. Individuals who want to support this and other cases can make a tax-deductible donation to the FPC Action Foundation here.