On the heels of the Department of Justice being granted additional time to prepare for a court case challenging the National Firearms Act, 31 members of Congress penned a letter to Attorney General Pam Bondi explaining why the NFA can no longer stand and instructing the DOJ not to defend it in litigation.
The November 10 letter issued by Georgia’s Rep. Andrew Clyde was joined by 30 other members of Congress – all Republicans – reminding the DOJ why the NFA can no longer stand as a registration scheme since the $200 excise tax was repealed earlier this year:
As members of Congress who supported the One Big Beautiful Bill Act and participated in the legislative process surrounding Section 70436 of that Act, we wish to reaffirm that it was our intent, in enacting Section 70436, to repeal the transfer and registration requirements under the National Firearms Act by eliminating the associated excise taxes for certain firearms.
Congress is well aware of the massive lawsuit (affectionately known as the “One Big Beautiful Lawsuit”) brought against the Bondi DOJ challenging the unconstitutionality of the NFA. As we reported yesterday, the Bondi DOJ requested and was granted more time to file its briefs, with the court’s order setting the expectation that the Bondi DOJ would defend the NFA.
The November 10 letter from Republican Congress members seems to acknowledge that position, directing what the DOJ’s position should be in that litigation:
Accordingly, we urge the Department of Justice to adopt the position of the drafters of this provision: that the transfer and registration requirements cannot stand without the corresponding excise tax. We further urge the Department to assert this position in all litigation concerning this specific section of the OBBBA.
In a statement on X, Rep. Clyde made the following remarks about this letter:
Thanks to the OBBB, the $200 NFA tax is now $0. But registration requirements remain. Yet it was Congress’s clear intent to repeal NFA registration by eliminating NFA taxes. That’s why I’m urging the DOJ to adopt our position in all litigation concerning this critical matter.
Time will tell whether the Bondi DOJ will adhere to President Trump’s Executive Order to protect the Second Amendment. The eyes of 100,000,000 gun owners will be watching to see whether the DOJ falls in line with regard to one of the most significant and highest-profile Second Amendment-related court cases in perhaps 50 years. At least three major lawsuits have been filed against the DOJ challenging the NFA. You can view the full timeline of the Bondi DOJ Second Amendment-related actions here.
