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Armed Attorneys Leslie Cross and Richard Hayes break down the Second Circuit’s new decision in United States v. DeFelice, where the court affirmed a conviction involving two unregistered short-barreled rifles and an unregistered suppressor.
The NFA tax is now $0—so how can someone still be convicted for failing to register an NFA item? Did the court just rule that the National Firearms Act is constitutional? And does this decision change anything for gun owners potentially protected by the Silencer Shop Foundation v. ATF ruling?
In this episode, Leslie and Richard explain why the court said DeFelice could not use the 2025 change to the NFA to attack conduct that occurred in 2021, how the federal saving statute preserved the penalties in effect at the time of his offense, and why the court focused heavily on the fact that the firearms were UNREGISTERED.
They also discuss the Second Amendment challenge, the court’s decision not to proceed further into the Bruen historical analysis, the distinction between this case and the recent Texas NFA litigation, and what this ruling could mean for future prosecutions involving SBRs and suppressors.
United States v. DeFelice:https://cases.justia.com/federal/appellate-courts/ca2/25-920/25-920-2026-09-02.pdf?ts=1788359415
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Do you think the court got the Second Amendment analysis right? If the NFA tax is now $0, should the registration requirements still survive? Let us know what you think in the comments.
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