Friend of the Court Brief Argues Against Effort to Invalidate Nearly 90-Year-Old Law 

Texas – A trio of large municipalities from across the nation are calling on a federal court to deny an attempt to undercut the National Firearms Act (NFA) – a nearly 90-year-old law that regulates certain especially dangerous firearms. In a friend-of-the-court brief filed in Silencer Shop Foundation v. U.S. Department of Alcohol Tobacco and Firearms, et al., the cities of Baltimore, Maryland, and Columbus, Ohio, as well as Harris County, Texas, are arguing that the NFA makes cities safer, and that the effort to invalidate the law will put neighborhoods everywhere in increased danger. 

Democracy Forward Foundation, Samuel P. Siegel and Rupa Bhattacharyya at the Institute for Constitutional Advocacy and Protection at Georgetown Law, and Caitlyn Silhan at Waters Kraus Paul & Siegel serve as co-counsel.

First passed in 1934 in response to gangster-era crime, the NFA adds registration and tax requirements to the purchase of machine guns, short-barreled shotguns, short-barrel rifles, silencers, “destructive devices,” and other weapons that Congress has deemed particularly susceptible to criminal misuse. The law has been challenged in court repeatedly since it was passed, including by a pair of suspected bank robbers who argued that taxing a sawn-off shotgun violated their right to bear arms. The latest threat to the law is the product of an effort by the Gun Owners of America (GOA).

“This attempt to invalidate common-sense regulations for the deadliest weapons and accessories is an extremist attempt that will put people in danger by making it easier for criminals to access the most destructive firearms,” said Joel McElvain, Senior Legal Advisor at Democracy Forward. “Democracy Forward is honored to work with leaders in Maryland, Ohio, and Texas, who are working every day to keep communities safe from gun violence, to defend this important law and to stop extremists from making communities less safe.” 

“Short-barreled shotguns, short-barreled rifles, and silencers are among the most dangerous weapons used to perpetrate crimes, and can pose a grave threat to law enforcement’s and the public’s safety—as Harris County, Baltimore, and Columbus can attest,” said Samuel P. Siegel, Senior Counsel at the Institute for Constitutional Advocacy and Protection at Georgetown Law. “These longstanding restrictions are not only lawful; they make our communities safer.”

The legal team at Democracy Forward representing the municipalities in this case includes Simon C. Brewer, Ryan Cooper, and Joel McElvain. 

Read the full brief here.

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Democracy Forward Foundation is a national legal organization that advances democracy and social progress through litigation, policy, public education, and regulatory engagement. For more information, please visit www.democracyforward.org.