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FPC Files Motion for Summary Judgement | OHUB News
Recently, the Firearms Policy Coalition filed a motion for summary judgment in Jensen v. ATF. This marks an important step forward in dismantling the National Firearms Act. In it, the FPC states, “Consequently, without a tax as a foundation, the NFA’s registration provisions as applied to non-taxed NFA firearms are neither a tax themselves nor necessary and proper to levying a tax and are, therefore, unjustifiable as an exercise of Congress’s taxing power.” This past July, President Trump signed the One Big Beautiful Bill into law. In it, the NFA tax on suppressors, short-barreled shotguns, short-barreled rifles (and AOWs) was reduced to $0.00. However, the process for obtaining the controlled items remained the same.
What is a Summary Judgment?
A summary judgment is a ruling made by a court in favor of one party and against another without a full trial. At the federal level, under the Federal Rules of Civil Procedure, Rule 56 states, “The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” The FPC, along with other Second Amendment activist organizations, is arguing that without a tax, the NFA no longer has any relevance. That is the material fact the FPC is basing its summary judgment on.
What FPC is Saying
FPC President Brandon Combs, “For nearly a century, the federal government has used the NFA to turn peaceable Americans into criminals. It was never about safety—it was always about control. When Congress erased the tax, it erased the last illusion of legitimacy holding this law together. What’s left is an unlawful exercise of government power aimed squarely at the very people the Constitution was written to protect.”
Zooming Out
FPC, together with Gun Owners of America, the Second Amendment Foundation, and others, continues the fight to repeal the NFA. FPC’s Summary Judgment is the next move in a long game to do just that.
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Sources:
- https://saf.org/wp-content/uploads/2025/11/Brown-v.-ATF-NFA-MSJ-Brief.pdf
- https://www.courtlistener.com/docket/71599866/jensen-v-bureau-of-alcohol-tobacco-firearms-and-explosives/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc
- https://www.law.cornell.edu/wex/summary_judgment
- https://www.firearmsnews.com/editorial/the-300-blackout-pistol/540499#replay
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