BELLEVUE, Wash. — Aug. 12, 2025 — The Second Modification Basis (SAF) and its companions have filed an amicus temporary with the Supreme Court docket urging the courtroom hear David Robinson Jr. v. United States of America, difficult restrictions on short-barreled rifles (SBRs).
SAF is joined within the amicus submitting by the Second Modification Legislation Middle, California Rifle & Pistol Affiliation and Minnesota Gun House owners Caucus.
“In its ruling, the Eleventh Circuit Court docket of Appeals determined that U.S. v. Miller (1939), and its ruling permitting restrictions on short-barrel shotguns as a result of they’d no documented militia use, stays controlling and relevant to SBRs as properly,” mentioned SAF Director of Authorized Analysis and Schooling Kostas Moros. “That’s improper as a result of even when it had been right that Miller stays the related customary, SBRs are demonstrably in common use at present in navy roles, because the M4 rifle is the usual concern rifle of our navy. Our amicus temporary additionally makes a number of different arguments as to why the Eleventh Circuit’s evaluation was flawed, and why the Supreme Court docket ought to grant cert on this case. We’re hopeful the Supreme Court docket will step in and proper courts reaching the improper conclusion on this elementary query, each because it pertains to SBRs and to different widespread arms.”
As an preliminary matter, the temporary explains that SBR’s are “arms” underneath the plain textual content of the Second Modification. So as to then regulate them, it’s the authorities’s burden to point out a historic custom of such regulation. The core of the challenged legislation distinguishes sure arms primarily based on barrel size for significantly stringent regulation. However there isn’t a historic custom of proscribing firearms primarily based on barrel size. The core holding of U.S. v. Miller was that the arms the Second Modification protects are these which might be helpful in militia service. In the present day, SBRs usually are not simply helpful in that function, they’re the standard-issue rifle of our navy, with customary M4 Rifles having barrels which might be 14.5 inches lengthy (underneath the 16-inch threshold established by the challenged legislation), and lots of extensively used variants just like the MK18 being shorter but. Thus, to the extent Miller continues to be related in any respect, it helps the Petitioner’s arguments, and never the opposite approach round.
“This amicus temporary is however one a part of a broader effort by SAF to battle a multi-pronged battle towards the Nationwide Firearms Act’s restrictions on SBRs and silencers,” mentioned SAF founder and Government Vice President Alan M. Gottlieb. “Along with this amicus temporary, we have now a landmark new lawsuit in Brown v. ATF difficult your complete constitutionality of parts of the NFA, all with the identical objective in thoughts: Restoring the Second Modification rights of all Individuals.”
For extra data go to SAF.org.
The Second Modification Basis (saf.org) is the nation’s oldest and largest tax-exempt schooling, analysis, publishing and authorized motion group devoted to safeguarding and selling the elemental rights of people enshrined within the Second Modification of the US Structure. SAF engages in aggressive authorized motion to make sure the rules of armed self-defense, private liberty, and the possession of arms are defended, secured, and restored. By means of public schooling initiatives, SAF teaches the significance of the Second Modification to advertise a society that values and workouts the suitable to maintain and bear arms.
