The NRA Institute for Legislative Action (NRA-ILA) recently filed a reply brief asking the U.S. Supreme Court to hear a challenge to the National Firearms Act of 1934’s (NFA) restrictions on short-barreled rifles.
The case at hand, Rush v. United States, deals with the NFA’s tax and registration requirements on any rifle having a barrel shorter than 16 inches.
Jamond Rush was convicted under the NFA for possessing an unregistered short-barreled rifle, but argues that the registration requirement violates the Second Amendment. Violation of this NFA requirement is punishable by up to 10 years’ imprisonment and a fine of up to $250,000, in addition to the forfeiture of the rifle.
“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.”
This most-recent brief emphasizes that the Seventh Circuit Court of Appeals’ opinion in the case contradicts the U.S. Supreme Court’s precedents, reiterates that the case presents multiple issues that have divided lower courts, and argues that the NFA’s restrictions violate the Second Amendment.
“This Court’s precedent makes clear beyond doubt that the Second Amendment’s plain text ‘extends, prima facie, to all instruments that constitute bearable arms,’” reads the brief. “Yet the Seventh Circuit panel below denied that the National Firearms Act’s registration and taxation requirements for short-barreled rifles even implicate the Second Amendment’s text. When the lower courts’ Second Amendment jurisprudence deems ordinary long arms to fall outside of the text of the Amendment altogether, that is a sign that the jurisprudence has taken a dangerously wrong turn. This Court should intervene.”
The NRA-ILA previously filed a petition for certiorari in June requesting that the U.S. Supreme Court hear the case and hold the regulations unconstitutional. The petition emphasized confusion among the lower courts over how to adjudicate restrictions on specific categories of arms and the need for the Court to clarify and reinforce its precedents. The Petition further explained why the NFA’s restrictions on short-barreled rifles violate the Second Amendment under the U.S. Supreme Court’s test.
“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.”
Earlier this month, the government filed its response brief opposing the petition. It concluded that “some of the questions that petitioner raises may well warrant review,” but argued that the NFA’s restrictions are constitutional because short-barreled rifles “are especially susceptible to criminal misuse.” Incredibly, it provided examples of short-barreled shotguns used a century ago by Al Capone’s henchmen and Bonnie and Clyde.
Put simply, short-barreled rifles are “arms” covered by the plain text of the Second Amendment. America’s 1st Freedom will keep you up to date on this important case.
