Official Position Of The NFA Freedom Alliance On Defense-To-Prosecution Statute

NFA Freedom Alliance
NFA Freedom Alliance

Texas – -( In a statement revealing a fundamental disconnect with the concerns of the NFA community, a Second Amendment trade organization recently claimed that the NFA Freedom Alliance’s efforts to replace and improve upon defense-to-prosecution statutes in states like Alaska, Oklahoma, Tennessee, Texas, and Washington are unnecessary and constitute a “fabricated” issue.

Under a defense-to-prosecution (DTP) statute, possession of an item regulated by the National Firearms Act (NFA ) is technically illegal; however, criminal courts are required to accept the defense that the item was possessed in full compliance with the NFA.

The NFA Freedom Alliance maintains that DTP statutes place a draconian burden of proof on gun owners and that, because law enforcement officers are not judges and have no authority to rule on the legitimacy of a criminal defense, officers in DTP states are more likely to arrest the owner of a properly registered NFA item and let a court settle the matter.

The suggestion that defense-to-prosecution statutes are a non- issue does not sit well with Michael Mihalski, a San Antonio gun dealer who was arrested in Austin, Texas, in September of 2013 for possessing a rifle suppressor purchased and registered in full compliance with the National Firearms Act.

“As someone who was arrested, booked, and forced to pay thousands of dollars in legal fees and wait eight months to get my suppressor and rifle back, I can tell you this is not a ‘fabricated‘ issue,” said Mihalski.

“It is a very real issue that has been and will continue to be used to persecute law -­- abiding citizens with legally registered NFA items. Of course, I shouldn’t be surprised that the same organization that completely ignored my pleas for assistance when I was arrested, is now claiming that the law is fine as written.”

NFAFA Executive Director Todd Rathner, added, “It is unfortunate that a Second Amendment organization would be either too naive to understand the negative implications of defense-to-prosecution statutes or too egotistical to support an initiative launched by another organization. The NFA Freedom Alliance will not be distracted from our mission by petty naysayers , and self-serving groups who view like minded organizations as rivals.

We will continue to protect the NFA community will all we’ve got, and we stand ready to work with the entire Second Amendment community to secure the rights of all NFA owners.”

ABOUT THE NFA FREEDOM ALLIANCE -­- The NFA Freedom Alliance (NFAFA) is the premier e direct action/lobbying organization working at the state and federal level to ease restrictions on the ownership, manufacture, sale, and use of items regulated by the National Firearms Act (NFA). For more information, visit .

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Bobby Dee

I understand that some specialized units of our armed may need suppressors, and that kind of mission often benefits from sterile equipment. But 1.6 million dollars for 350 cans is absurd. We don’t need 18k gold suppressors wit diamond accents.

Gusti k

Will Illinois have any hope? I live in the heart of crook county aka cook county home of the liberals




Did you hear about the Navy buying ILLEGAL suppressors!
Seems that the NAvy paid over $1.6 million for 349 illegally manufactured with no markings , by person with no SOT , no ATF approval , in a no compete no bid contract by his brother. Where’s the ATF charges? All I see is the Navy suing for their money.
This is the kind of waste and trash taking down our government.


Having suppressors on the NFA list is stupid , All it does is reduce the noise created firing a firearm. A giant muffler for firearms. Without a firearm it is a club . Help remove suppressors from the NFA registry.
Those guys in Texas should suing for all the damages caused by inept officers arresting the inept DA for not dropping charges and furthermore fire them all so we do not give them a retirement.