Buckeye Reporter

The Second Amendment Foundation (SAF) and several partner organizations have submitted an amicus brief to the U.S. Supreme Court, urging it to review the case of David Robinson Jr. v. United States of America. The case challenges federal restrictions on short-barreled rifles (SBRs).

Joining SAF in the filing are the Second Amendment Law Center, California Rifle & Pistol Association, and Minnesota Gun Owners Caucus.

Kostas Moros, SAF director of legal research and education, stated: “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. 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.”

The brief argues that SBRs qualify as “arms” under the plain text of the Second Amendment. It contends that any regulation must be supported by a historical tradition for such restrictions, but asserts there is no such tradition regarding firearms based on barrel length.

The argument references U.S. v. Miller’s holding that protected arms are those useful for militia service. The brief notes that current standard-issue military rifles like the M4 have barrels shorter than 16 inches—the threshold set by law—and many variants are even shorter.

Alan M. Gottlieb, SAF founder and executive vice president, said: “This amicus brief is but one part of a broader effort by SAF to fight a multi-pronged battle against the NFA’s restrictions on SBRs and silencers. In addition to this amicus brief, we have a landmark new lawsuit in Brown v. ATF challenging the entire constitutionality of portions of the National Firearms Act, all with the same goal in mind: Restoring the Second Amendment rights of all Americans.”

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