Silencer Shop Foundation vs ATF Lawsuit 2025

Silencer Shop Foundation vs ATF Lawsuit 2025

Written by: Chase Semonick

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Published on

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Time to read 4 min

For nearly a century, the National Firearms Act (NFA) has restricted Americans' access to certain types of firearms—chief among them: 

  • Silencers 

  • Short-barreled rifles (SBRs) 

  • Short-barreled shotguns (SBSs) 

  • "Any Other Weapons" (AOWs) 

Millions of law-abiding gun owners have long recognized the NFA as an outdated barrier to exercising their Second Amendment rights. 


In 2025, Congress appeared poised to address this issue head-on with sweeping reforms introduced in the "Big Beautiful Bill." For a moment, it seemed as if America was on the verge of restoring a measure of freedom that had been lost since 1934. But the reality of politics in Washington—combined with entrenched opposition—meant the bill fell short of its most ambitious goals. 


We'll review the story of the Big Beautiful Bill, examine how it failed to remove suppressors, SBRs, SBSs, and AOWs from the NFA, and explain why the Silencer Shop Foundation was founded in response. 


Most importantly, we'll explore how SSF's July 4th lawsuit—known as the "One Big Beautiful Lawsuit"—represents a crucial step toward restoring the rights of law-abiding Americans, especially in the face of new threats to gun ownership in Congress. 


The Promise and Disappointment of the Big Beautiful Bill 


The "Big Beautiful Bill," or H.R. 1, captured the attention of gun owners and Second Amendment supporters across the country. The original legislation, as passed by the House, called for the full deregulation of silencers, SBRs, SBSs, and AOWs, effectively removing these items from the NFA's onerous requirements. This language was commonly referred to as the Hearing Protection Act or HPA.  


For the first time in decades, it looked like Congress was prepared to treat these common firearms as ordinary guns (they would be placed under the Gun Control Act of 1986)—eliminating the $200 tax stamp, fingerprinting, registration, and ATF approval process. 


Unfortunately, as the bill moved through the Senate, the path grew rocky. Senate procedural rules, notably the "Byrd Rule," and fierce lobbying from anti-gun interests led to the removal of the most important language. What survived was notable, but incomplete: a reduction of the NFA tax stamp for these items to $0, set to take effect in January. 


Americans would not have to pay a tax to own a suppressor, SBR, SBS, or AOW. But crucially, the underlying framework of the NFA remained in place: 

  • Registration 

  • Bureaucratic approval 

  • ATF overreach 

These continue to hang over law-abiding citizens simply wishing to own constitutionally protected items.  


This wasn't the victory Americans deserved; we knew we had to do something. 


The Birth of the Silencer Shop Foundation 


The failure of Congress to fully deregulate NFA items revealed a simple truth: legislative progress can be undone or left incomplete, and the fundamental right to keep and bear arms remains at risk as long as the NFA survives. 


This realization prompted the formation of the Silencer Shop Foundation (SSF). SSF is dedicated to strengthening the Second Amendment and restoring the rights of gun owners by challenging unconstitutional laws through the courts.  


Our first—and highest—priority is ending the inclusion of silencers, SBRs, SBSs, and AOWs under the NFA, making them truly accessible and affordable for all law-abiding Americans. 


One Big Beautiful Lawsuit: Challenging the NFA in Federal Court 


On July 4, 2025—just hours after the Big Beautiful Bill was signed into law—the Silencer Shop Foundation filed a landmark federal lawsuit against the Department of Justice and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). 


The case, known as the “One Big Beautiful Lawsuit,” takes direct aim at the constitutionality of the NFA as it applies to silencers and other restricted items. 


Download or View The Big Beautiful Lawsuit

Why Challenge the NFA Now? 


With the tax reduced to zero, the "justification" for the NFA—being a revenue producing tax—has been eliminated. The law's only effect is to create burdensome regulations, slow approval times, and a federal registry of law-abiding citizens who wish to exercise their rights. 

In plain terms, if the NFA no longer serves as a tax or revenue function, it is nothing more than a restriction and registration scheme.

This situation raises serious constitutional concerns. Supreme Court precedents make clear that when a law's original purpose no longer exists, courts must scrutinize whether it remains permissible under the Constitution. 

The Stakes: New Threats and the Urgency of Reform 


The urgency of this lawsuit cannot be overstated. Even as the $0 tax stamp provision is set to take effect, new threats have emerged. 


On the heels of the Big Beautiful Bill's passage, Senator Chris Murphy introduced a bill that would increase the NFA tax stamp to a staggering $4,700—allegedly to "account for inflation." 


If enacted, this would effectively end the ability of ordinary citizens to own these items.  


This threat underscores a basic fact: so long as the NFA remains on the books, the rights of gun owners are subject to the whims of Congress. 


What is given today can be taken away tomorrow. Only by fundamentally challenging and overturning unconstitutional regulations can we secure the future of the Second Amendment. 


The Mission of the Silencer Shop Foundation 


The Silencer Shop Foundation exists for one purpose: to strengthen and restore Americans' Second Amendment rights by ending nearly a century of government overreach. Our lawsuit is only the beginning. SSF is committed to supporting legal challenges, educating the public, and empowering citizens to stand up for their rights. 


The NFA is a relic of a bygone era, signed into law in 1934 to restrict law-abiding citizens' access to specific firearms. 


In the decades since, gun owners have demonstrated that these items—especially suppressors—can be safely and responsibly owned by millions of Americans. 


It's time to finish the work that was started. It's time to repeal the NFA. 


Join the Fight: Stay Informed and Support Our Mission 


The fight to restore the Second Amendment will not be easy, but it is winnable. The Silencer Shop Foundation is leading the charge in the courts, and you can support with 3 simple steps:


  • Round-Up at Checkout 

  • Add an optional donation at checkout on silencershop.com 

  • Make a Direct Donation 

  • Choose your amount and support the cause directly (CTA) 

  • Share the Mission with Friends 

  • Spread the word and grow our movement 


Together, we can make history—and secure our rights for generations to come.