The U.S. Supreme Court denied certiorari in Rush v. United States, a challenge to the National Firearms Act of 1934’s restrictions on short-barreled rifles.
The NFA imposes tax and registration requirements on any rifle having a barrel shorter than 16 inches. Violations are punishable by up to 10 years’ imprisonment and fines of up to $250,000. Jamond Rush challenged these requirements under the Second Amendment.
The Seventh Circuit Court of Appeals held that short-barreled rifles are not “arms” covered by the Second Amendment’s text. Following that ruling, NRA-ILA joined the case to petition the Supreme Court to review the decision and hold the NFA’s restrictions unconstitutional.
The petition emphasized widespread confusion among lower courts over how to adjudicate restrictions on specific categories of arms—including not only short-barreled rifles, but also AR-style rifles and standard-capacity magazines—and urged the Court to clarify and reinforce its precedents. It further explained why the NFA’s restrictions violate the Second Amendment.
In its response, the government conceded that “some of the questions that petitioner raises may well warrant review,” but nonetheless argued that the NFA’s restrictions are constitutional because short-barreled rifles “are especially susceptible to criminal misuse.”
Today, the Court denied the petition.
The NRA will continue to fight the NFA’s unconstitutional regulations, including in Brown v. ATF and Jensen v. ATF, which both contest the Act’s registration requirements for suppressors, short-barreled long guns, and NFA-defined “any other weapons.”
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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