Yesterday, the National Rifle Association, Firearms Policy Coalition, and FPC Action Foundation filed an amicus brief arguing that the federal prohibition on machinegun possession is unconstitutional as applied to the defendant in the Fifth Circuit case, United States v. Brown.
Federal law criminalizes the possession by private citizens of any machinegun that was not registered by May 19, 1986. The defendant in the case, Justin Bryce Brown, was convicted of possessing such a firearm.
The district court held the ban unconstitutional as applied to Brown, because the government failed to carry its burden of proving that the law is consistent with the nation’s historical tradition of firearm regulation. As the district court explained, “this is a heavy burden,” and by focusing on policy arguments rather than historical tradition, the government failed to meet it.
Now before the Fifth Circuit Court of Appeals, the NRA filed a brief arguing that the district court’s decision should be affirmed. The brief focuses on the standard the Supreme Court set forth for Second Amendment cases in the NRA’s landmark victory, NYSRPA v. Bruen, and emphasizes that the government must be held to its burden no matter what regulation is at issue.
Please stay tuned to www.nraila.org for future updates on NRA-ILA’s ongoing efforts to defend your constitutional rights, and please visit www.nraila.org/litigation to keep up to date on NRA-ILA’s ongoing litigation efforts.
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