WASHINGTON — Court decisions can create a confusing landscape when it comes to injunctions (a legal order requiring a party to refrain from an act), and perhaps none more so in recent history than the August 5 district court ruling resulting in a permanent injunction against certain NFA elements.
Against that backdrop, on September 4, a coalition of 21 attorneys general penned a joint letter to the leaders of both the U.S. Senate and House of Representatives. The letter painted a picture of a confusing legal landscape providing protections for some – but not all – Americans as a result of the district court’s order in Silencer Shop Foundation v. ATF.
“As a result, these unconstitutional provisions might still be enforced against at least some citizens, which infringes on their Second Amendment rights,” the letter asserts, appealing to the idea of equal protection under the law.
The letter catalogues a brief history of NFA restrictions, the repeal of the $200 excise tax through the OBBB Act of 2025, and the legal challenge against the now-defunct taxing power under which NFA requirements are still upheld and enforced by the ATF.
The solution, as the attorneys general see it, is simple – repealing the NFA:
Congress can completely remove the enforcement threat and ensure that no citizen is subject to these unconstitutional provisions by repealing the NFA provisions at issue in Silencer Shop. Repealing these provisions will provide clear, uniform rules nationwide. We respectfully urge you to take up this issue.
Unfortunately, the recipients of the letter are unlikely to be moved by pleas to rescind gun control measures, especially as the country faces midterm elections. Though Senate Majority Leader John Thune and House Speaker Mike Johnson generally have favorable ratings from gun rights groups, the repeal of the NFA is likely to be too big of an albatross that will be leveraged by political opponents. Meanwhile, Senate Minority Leader Chuck Schumer and House Minority Leader Hakeem Jeffries would certainly not support such measures based upon party platforms.
The full list of states and their attorneys general that are signatories to the letter are as follows:
- Tim Griffin – Arkansas
- Russell M. Coleman – Kentucky
- Ken Paxton – Texas
- Steve Marshall – Alabama
- Cori Mills – Alaska (Acting)
- James Uthmeier – Florida
- Chris Carr – Georgia
- Raul Labrador – Idaho
- Todd Rokita – Indiana
- Brenna Bird – Iowa
- Liz Murrill – Louisiana
- Lynn Fitch – Mississippi
- Catherine L. Hanaway – Missouri
- Austin Knudsen – Montana
- Mike Hilgers – Nebraska
- Drew H. Wrigley – North Dakota
- Andy Wilson – Ohio
- Alan Wilson – South Carolina
- Marty Jackley – South Dakota
- John B. McCuskey – West Virginia
- Keith G. Kautz – Wyoming
