Published August 7, 2026 at 5:00 AM ET · Updated August 7, 2026 at 10:28 AM ET
Federal judge strikes down most of the National Firearms Act
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A federal judge has struck down most of the National Firearms Act.
Patriot Watch first flagged this story 7 hr ago, when The Reload reported it. So far this remains a single-source report. The most recent report came 7 hr ago from The Reload.
⚖ The Constitutional Angle
Under Bruen, a court asks two things: does the Second Amendment cover the conduct, and can the government show a historical tradition of comparable restrictions? Caetano holds the amendment reaches all bearable arms including modern ones, so novelty alone cannot strip protection. A ruling against the National Firearms Act turns on whether the government can point to founding-era analogues for what it regulates.
New York State Rifle & Pistol Association v. Kevin P. Bruen, Superintendent of New York State Police 597 U.S. 1 (2022)
Vote: 6-3 · Opinion: Thomas
New York's requirement that applicants demonstrate 'proper cause' — a special need for self-protection distinguishable from the general community — to obtain an unrestricted public-carry license violates the Fourteenth Amendment by preventing law-abiding citizens with ordinary self-defense needs from exercising their Second Amendment right to keep and bear arms in public. The Court held the Second Amendment protects a right to carry handguns publicly for self-defense, and rejected the two-step means-end framework lower courts had applied after Heller.
Jaime Caetano v. Massachusetts 577 U.S. 411 (2016)
Vote: Unanimous per curiam (8-member Court, post-Scalia); no recorded vote split · Opinion: Per curiam (unsigned)
Summarily vacating the SJC's judgment without briefing on the merits or oral argument, the Court held that each of the SJC's three rationales contradicted Heller: the Second Amendment extends prima facie to all bearable arms, including those not in existence at the founding; 'unusual' cannot be equated with 'not in common use in 1789'; and protection is not limited to weapons useful in warfare. The case was remanded for further proceedings; the Court did not itself hold the Massachusetts ban unconstitutional.
Precedent facts from the PW Law Library — primary-source verified & independently audited
