DOJ Defends Federal Firearms Registration in NRA Case

A major legal battle over federal firearms regulation is unfolding as the Department of Justice (DOJ) responds to an NRA-backed lawsuit challenging key provisions of the National Firearms Act (NFA) of 1934.

In Brown v. ATF, the DOJ recently filed an opposition to the plaintiffs’ motion for summary judgment while also submitting its own cross-motion. At the heart of the case is the federal registration requirement for items regulated under the NFA, including suppressors, short-barreled rifles, short-barreled shotguns, and so-called “any other weapons.”

DOJ’s Legal Arguments

In its filing, the DOJ argues that the NFA’s registration mandate remains constitutional—even though the tax historically tied to that registration was eliminated this summer under President Trump’s One Big Beautiful Bill Act. According to the DOJ, registration can still be justified under several constitutional provisions:

• Congress’s taxing power, despite the removal of the tax itself
• The Commerce Clause, asserting federal authority over interstate firearm activity
• The Necessary and Proper Clause, claiming registration is essential to enforcing broader federal regulations

The DOJ also contends that suppressors and short-barreled firearms may be regulated under the Second Amendment because they are allegedly “particularly dangerous weapons” and “uniquely susceptible to criminal misuse.”

Why This Matters

Gun rights advocates warn that the DOJ’s position carries serious implications. A broad judicial endorsement of firearms registration could establish a precedent that opens the door to federal registration of all firearms, not just those currently regulated under the NFA.

This concern is heightened by the fact that the DOJ has advanced similar arguments in other cases, including Rush v. United States, another NRA-supported challenge currently before the U.S. Supreme Court involving restrictions on short-barreled rifles.

NRA’s Response

The NRA has made it clear that it views the NFA as unconstitutional and remains firmly opposed to any form of federal firearms registration. The organization says it will continue fighting these requirements in court, with the long-term goal of dismantling the NFA entirely.

As this case moves forward, its outcome could significantly shape the future of federal firearms regulation and Second Amendment jurisprudence.

Gun owners and constitutional advocates are encouraged to follow ongoing developments through NRA-ILA’s litigation updates as the case proceeds.