BREAKING NEWS! DOJ FILES AWFUL NFA BRIEF FULL OF FLAWS

Published on February 14, 2026
Duration: 19:28

Mark W. Smith, a constitutional attorney and author, critically analyzes a recent DOJ brief concerning the National Firearms Act (NFA). He argues the brief contains significant legal flaws, particularly regarding the constitutional basis for NFA regulations like registration and fingerprinting for items such as suppressors and SBRs, especially after the elimination of the $200 tax. Smith also critiques the DOJ's application of the Bruen methodology and its reliance on adverse legal precedents.

Quick Summary

Constitutional attorney Mark W. Smith analyzes a DOJ brief in Jenson v. ATF, arguing it contains legal flaws regarding the NFA. He questions the constitutional basis for NFA registration requirements after the $200 tax removal and critiques the DOJ's application of the Bruen test and reliance on adverse precedents.

Chapters

  1. 00:00Introduction: Jenson v. ATF & NFA Challenge
  2. 02:40Critique of DOJ Legal Strategy & Guidance
  3. 04:35The NFA's Constitutional 'Hook' and Tax Basis
  4. 07:30DOJ's Taxation and Commerce Clause Arguments
  5. 11:27Second Amendment and Bruen Methodology Debate
  6. 13:30Reliance on Adverse Precedents by DOJ

Frequently Asked Questions

What is the main legal issue with the DOJ's brief in Jenson v. ATF regarding the NFA?

The DOJ's brief is criticized for defending NFA regulations like registration and fingerprinting for items such as suppressors and SBRs, even after the $200 tax was removed. This challenges the constitutional basis, as the original justification was Congress's taxing power.

How does Mark W. Smith critique the DOJ's use of the Bruen test in the NFA brief?

Smith argues the DOJ misapplies the Bruen test by including 'common use' determination in step one. He contends the government should bear the burden at step two to prove a weapon is 'dangerous and unusual,' not the applicant.

What are the DOJ's primary arguments for NFA regulations, and why are they contested?

The DOJ cites Congress's taxing power (now weakened by tax removal) and the Commerce Clause. Smith finds the tax argument 'absurd' and the Commerce Clause argument lacking specific statutory language, deeming them legally unsupported.

Why is it significant that the DOJ is citing anti-gun rulings in its NFA brief?

It's considered problematic because a DOJ representing a pro-Second Amendment administration is relying on rulings that upheld bans on firearms like 'assault weapons' (e.g., Bevis v. City of Naperville) to defend NFA regulations.

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