The Second Amendment Foundation (SAF) and its partners have filed an amicus brief with the Supreme Court urging the court hear Jamond M. Rush v. United States of America, a case challenging restrictions on short-barreled rifles (SBRs). It is SAF’s second Supreme Court amicus brief on this topic, following a similar brief filed in David Robinson Jr. v. United States of America.

SAF is joined in the amicus filing by the Second Amendment Law Center, California Rifle & Pistol Association and Minnesota Gun Owners Caucus.

“Similar to other circuit courts, the Seventh Circuit 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. “Our amicus brief makes several arguments as to why the Seventh 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 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. Such a historical tradition simply does not exist, nor is there one supporting the taxation regime of the National Firearms Act. The brief also discusses how some circuit courts are getting basic questions about protected arms wrong and misapplying the Bruen analysis, which necessitates the Supreme Court’s intervention.

“This is the second amicus brief we have filed in an SBR petition this month because this issue is critical to SAF as it directly relates to which sorts of arms the Second Amendment protects,” said SAF founder and Executive Vice President Alan M. Gottlieb. “In addition to amicus briefs, our new lawsuit in Brown v. ATF challenges the constitutionality of portions of the National Firearms Act, all with the same goal in mind: Restoring the Second Amendment rights of all Americans.”

For more information visit SAF.org.

The Second Amendment Foundation (saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group dedicated to safeguarding and promoting the fundamental rights of individuals enshrined in the Second Amendment of the United States Constitution. SAF engages in aggressive legal action to ensure the principles of armed self-defense, personal liberty, and the ownership of arms are defended, secured, and restored. Through public education initiatives, SAF teaches the importance of the Second Amendment to promote a society that values and exercises the right to keep and bear arms.