On June 6, the National Rifle Association Institute for Legislative Action (NRA-ILA) filed a petition for certiorari requesting that the U.S. Supreme Court hear a challenge to the National Firearms Act of 1934’s restrictions on short-barreled rifles in a case named Rush v. United States.
The NFA imposes tax and registration requirements on any rifle having a barrel shorter than 16 inches. A violation is punishable by up to 10 years’ imprisonment and a fine of up to $250,000, in addition to forfeiture of the rifle. The petition requests that the Supreme Court hear the case and hold the regulations unconstitutional.
“The National Firearms Act imposes burdens on law-abiding gun owners that have no grounding in the text, history or tradition of the Second Amendment,” said Doug Hamlin, NRA executive vice president & CEO. “The Second Amendment guarantees the right of Americans to own commonly used firearms—including short-barreled rifles—without government interference, and we’re hopeful that the Supreme Court will use this opportunity to reaffirm that right.”
The petition emphasizes the confusion among the lower courts over how to adjudicate restrictions on specific categories of arms, including not only short-barreled rifles, but also AR-style rifles and standard-capacity magazines, and the need for the Court to add clarification and to reinforce its precedents. As the petition points out, “the uncertainty throughout the lower courts undermines the Court’s precedents, diminishes the Second Amendment and deprives citizens of their ability to vindicate their constitutional rights.”
The petition proceeds to explain why the NFA’s restrictions on short-barreled rifles violate the Second Amendment under the Supreme Court’s test. Put simply, short-barreled rifles are “arms” covered by the Second Amendment’s plain text, and there is no historical tradition of regulation that supports the registration and taxation of common arms.
“The NFA’s restrictions on short-barreled rifles have unconstitutionally burdened law-abiding gun owners for far too long,” said John Commerford, NRA-ILA executive director. “The NRA is proud to stand at the forefront of this fight to restore our freedoms and ensure that peaceable citizens are not treated like criminals for owning commonly used firearms.”
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