FPCAF Files For Injunction in National Firearms Act Lawsuit

AMARILLO, Texas (November 12, 2025) — Today, the FPC Action Foundation (FPCAF) announced that it has filed a motion for summary judgment in its federal lawsuit challenging key provisions of the National Firearms Act of 1934 (NFA).

The plaintiffs argue that the challenged provisions of the NFA are unconstitutional because they can no longer be justified as an exercise of Congress’s taxing power, are not a valid regulation under the Commerce Clause, and violate the right to keep and bear arms protected by the Second Amendment.

“For nearly a century, the federal government has justified the National Firearms Act as a taxing measure. But when Congress eliminated that tax, it also eliminated the Act’s only constitutional foundation. What’s left is nothing more than an unconstitutional registry that criminalizes peaceable Americans for exercising their constitutionally protected rights. The law is clear, the facts are undisputed, and the Constitution demands judgment in our favor,” said FPC Action Foundation President Cody J. Wisniewski.

The brief in Jensen v. ATF can be viewed at firearmspolicy.org/jensen. FPCAF is joined in the lawsuit by three individuals, Hot Shots Custom LLC, the Texas State Rifle Association, and the 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.