Wiley Secures Major Victory in Constitutional Challenge to Firearms Regulatory Statute

August 6, 2026

Wiley secured a significant victory in a constitutional challenge to the federal government’s registration and transfer requirements under the National Firearms Act (NFA).

The case, Silencer Shop Foundation v. ATF, stems from Congress’ elimination of transfer and making taxes on silencers and certain firearms as part of last year’s budget reconciliation bill. Wiley successfully argued that the zeroing out of the taxes meant that the NFA’s remaining registration requirements exceeded Congress’ powers under the Constitution’s Taxation Clause.

In an August 5 decision, the U.S. District Court for the Northern District of Texas granted summary judgment for the plaintiffs, agreeing with Wiley that the NFA provisions exceed Congress’ enumerated powers, noting that “because today’s NFA does not generate any revenue from untaxed firearms, its regulatory provisions cannot be upheld under the taxing power.”

The Wiley team representing the plaintiffs includes International Trade attorney Michael D. Faucette and Issues and Appeals attorneys Stephen J. Obermeier, Jeremy J. Broggi, and Boyd Garriott.