Wiley is a preeminent law firm wired into Washington. We advise Fortune 500 corporations, trade associations, and individuals in all industries on legal matters converging at the intersection of government, business, and technological innovation. Our attorneys and public policy advisors are respected and have nuanced insights into the mindsets of agencies, regulators, and lawmakers. We are the best-kept secret in DC for many of the most innovative and transformational companies, business groups, and nonprofit organizations. From autonomous vehicles to blockchain technologies, we combine our focused industry knowledge and unmatched understanding of Washington to anticipate challenges, craft policies, and formulate solutions for emerging innovators and industries.
A federal court ruled that the National Firearms Act's registration requirements exceed Congress's constitutional authority after transfer taxes on silencers and certain firearms were eliminated. The decision in Silencer Shop Foundation v. ATF marks a sig
United States
Wiley secured a significant victory in a constitutional
challenge to the federal government’s registration and
transfer requirements under the National Firearms Act (NFA).
The case, Silencer Shop Foundation v. ATF, stems from
Congress’ elimination of transfer and making taxes on
silencers and certain firearms as part of last year’s budget
reconciliation bill. Wiley successfully argued that the zeroing out
of the taxes meant that the NFA’s remaining registration
requirements exceeded Congress’ powers under the
Constitution’s Taxation Clause.
In an August 5 decision, the U.S. District Court for the
Northern District of Texas granted summary judgment for the
plaintiffs, agreeing with Wiley that the NFA provisions exceed
Congress’ enumerated powers, noting that “because
today’s NFA does not generate any revenue from untaxed
firearms, its regulatory provisions cannot be upheld under the
taxing power.”
Wiley is a preeminent law firm wired into Washington. We advise Fortune 500 corporations, trade associations, and individuals in all industries on legal matters converging at the intersection of government, business, and technological innovation. Our attorneys and public policy advisors are respected and have nuanced insights into the mindsets of agencies, regulators, and lawmakers. We are the best-kept secret in DC for many of the most innovative and transformational companies, business groups, and nonprofit organizations. From autonomous vehicles to blockchain technologies, we combine our focused industry knowledge and unmatched understanding of Washington to anticipate challenges, craft policies, and formulate solutions for emerging innovators and industries.
