Missouri Attorney General Catherine L. Hanaway filed a federal lawsuit Tuesday against the Bureau of Alcohol, Tobacco, Firearms and Explosives, challenging federal registration requirements for suppressors and short-barreled rifles.
The lawsuit, filed in the U.S. District Court for the Eastern District of Missouri, was brought by Missouri and private plaintiff Dave Marshak. The case seeks to prevent federal authorities from enforcing National Firearms Act registration and related requirements against law-abiding Missourians who want to own suppressors and short-barreled rifles.
Hanaway argues that the federal restrictions are unconstitutional as applied to suppressors and short-barreled rifles, which the lawsuit describes as protected arms under the Second Amendment. Her office also argues that the federal government lacks a historical basis for requiring registration of such items.
“Law and order and the Second Amendment go hand in hand,” Hanaway said in a statement. “A government that respects the Constitution has empowered, law-abiding citizens who can protect themselves and their families. It does not paper over rights with red tape.”
The lawsuit also challenges the continued federal requirements following Congress’s decision to set the National Firearms Act’s taxes on suppressors, short-barreled rifles and short-barreled shotguns at zero. Hanaway’s office argues that the tax provisions were central to the constitutional basis for the federal regulations and that the remaining registration and data-collection requirements no longer have a valid justification.
Missouri is asking the court to declare the regulations unlawful and prevent the ATF and Department of Justice from enforcing the challenged provisions. The case does not itself eliminate the federal requirements nationwide while the lawsuit is pending.
The lawsuit adds to ongoing litigation over the scope of federal authority under the National Firearms Act and the Second Amendment.
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