The OBB was just the beginning. While reducing the $200 tax stamp fee to $0 is a nice consolation, it’s not the dismantlement people hoped for. Shortly after the signing of the OBB into law on July 4th, the Great Big Beautiful Lawsuit was filed to challenge the existence of the NFA as a purely regulatory organization, which imposes unconstitutional firearm registration and thus violates the 2nd Amendment. This was only the start of a multi-pronged effort that’s bringing gun activist organizations together for the first time in our lifetime. Recently, the Second Amendment Foundation filed a joint lawsuit to overturn New Jersey’s suppressor ban.
What is it?
“A coalition of six leading gun rights organizations comprised of the Second Amendment Foundation (SAF), American Suppressor Association (ASA), National Rifle Association (NRA), Safari Club International (SCI), Association of New Jersey Rifle & Pistol Clubs (ANJRPC) and the New Jersey Firearms Owners Syndicate (NJFOS) announced the filing of a joint federal lawsuit in the District of New Jersey challenging the state of New Jersey’s unconstitutional ban on firearm suppressors.”
SAF and partner organizations seek to dismantle a state’s ability to regulate rights that are protected by the Constitution—in this case, firearms and other items listed on the NFA. SAF points out that suppressors are recommended tools by many leading medical organizations, including the CDC and the National Institute for Occupational Safety and Health, among others, to prevent hearing loss commonly associated with firearm use. Since suppressors are classified as arms under the Second Amendment, they are granted the same protections as other commonly available firearms. Because Bruen established that historical tradition is crucial in 2A cases, the defendant (in this case, Matthew Plaktin, the AG of New Jersey, and Patrick Callahan, the Superintendent of NJ Police) must prove “historical tradition of such bans,” which they cannot do.
SAF Executive Director Adam Kraut stated:
“New Jersey’s total ban on silencers deprives the state’s residents of access to constitutionally protected arms. Silencers are nothing more than mufflers designed to mitigate the damage caused to a user’s ears when firing a gun, no different than the muffler found on automobiles. Additionally, their use provides benefits to the surrounding communities by mitigating the noise created when shooting guns. Former President Theodore Roosevelt was known to use these devices while hunting, and they are commonly used in Europe, which is anything but gun-friendly.”
Zooming Out
Finally, gun activist organizations are uniting to oppose government overreach of 2A rights. Instead of working separately, they are pooling resources and adopting a multi-pronged strategy. This lawsuit seeks to challenge the state’s authority to ban NFA items that the Constitution protects. If it results in a 2A victory, all states will need to follow the new legal precedent. This will also strengthen the impact of the Big Beautiful Lawsuit Decision, which indicates that the NFA, without its taxing power, is unconstitutional.
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