Texas Plaintiffs Needed in NFA Lawsuit

The “One Big Beautiful Bill” was signed into law by President Trump on July 4, 2025, which included a win for supporters of the Second Amendment. The law includes a section on the National Firearms Act (NFA), with a significant change to some of the taxes.

Originally created in 1934, the NFA was touted as a taxing authority, imposing a tax on the “making and transfer of firearms defined by the Act, as well as a special (occupational) tax on persons and entities engaged in the business of importing, manufacturing, and dealing in NFA firearms,” (ATF.gov). It also requires registration of any firearms defined by the Act with the Secretary of the Treasury. The $200 tax stamp on all NFA items has been in effect since 1934.

NFA items have been defined as “shotguns and rifles having barrels less than 18 inches in length, certain firearms described as ‘any other weapons,’ machine guns, and firearm mufflers and silencers.” The One Big Beautiful Bill removes the tax stamp on the “making and transfer” portion of the 1934 definition, but it does not eliminate the NFA altogether. The $200 tax stamp remains on forms involving machine guns and destructive devices. Additionally, no changes have been made to the process and procedures a person must still go through when purchasing an NFA item, regardless of the tax. Gun rights groups are now looking to make those changes.

Ahead of President Trump’s signature, many firearm organizations started talking about the impact the Bill would have on the NFA. It became opinion that since the NFA was created and sustained as a taxing authority, the removal of most of the tax would impact that sustainability. The argument was formed that the tax removal on most NFA items should mean that those items no longer come with the lengthy process and registration steps to procure them.

Gun Owners of America (GOA) filed their lawsuit immediately following President Trump’s signature. TSRA’s acting Legislative Director John Poole reached out to GOA with an interest in joining this suit.

“Gun groups are already fighting against those who want to take our rights away,” said Poole. “There is no reason for gun groups to also pit against each other. We are all in the same fight, looking out for the same people.” GOA declined to have TSRA involved in the suit.

The GOA suit had an amended filing on August 8, and has since gained the support of 15 states, including Texas. The Texas Attorney General, Ken Paxton, joined the lawsuit this week. We are in support of both the lawsuit and the involvement of the Texas Attorney General.

The NRA has filed a lawsuit too, starting with the 8th Circuit in Missouri. Plans are now being finalized for a suit to be filed in Texas, which will start with a trial court in Amarillo. The case would then move to the 5th Circuit Court of the Appeals and ultimately to the Supreme Court.

TSRA met with members of the NRA Litigation Team this week to discuss what is needed in Texas and what TSRA can do to help. We are assisting the NRA in locating plaintiffs for this suit, and are reaching out to TSRA Members in Northern Texas who may fit the criteria to join. They are looking for:

  • Individuals: If you are someone who would make a purchase of an NFA item, if it weren’t for the NFA rules and requirements,

  • Businesses: If your business would sell NFA items if you were able to do so without the requirements,

  • Businesses: If your business has lost sales or customers due to the requirements by the NFA.

If you or someone you know may be a fit as a plaintiff, please contact John Poole at legdir@tsra.com or 512-615-4200.

Story by Marissa Brinkman
August 20, 2025