SAF Files Amicus in Short-Barreled Rifle Case
The Second Amendment Foundation (SAF) and its partners have filed an amicus brief with the Supreme Court urging the court hear David Robinson Jr. v. United States of America, challenging restrictions on short-barreled rifles (SBRs).
SAF is joined in the amicus filing by the Second Amendment Law Center, California Rifle & Pistol Association and Minnesota Gun Owners Caucus.
“In its ruling, the Eleventh Circuit Court of Appeals decided that U.S. v. Miller (1939), and its ruling allowing restrictions on short-barrel shotguns because they had no documented militia use, remains controlling and applicable to SBRs as well,” said SAF Director of Legal Research and Education Kostas Moros. “That’s wrong because even if it were correct that Miller remains the relevant standard, SBRs are demonstrably in regular use today in military roles, as the M4 rifle is the standard issue rifle of our military. Our amicus brief also makes several other arguments as to why the Eleventh Circuit’s analysis was flawed, and why the Supreme Court should grant cert in this case. We are hopeful the Supreme Court will step in and correct courts reaching the wrong conclusion on this fundamental question, both as it pertains to SBRs and to other common arms.”
As an initial matter, the brief explains that SBR’s are “arms” under the plain text of the Second Amendment. In order to then regulate them, it is the government’s burden to show a historical tradition of such regulation. Read more
