New Supreme Court Petition Challenges Firearm Regulations

A petition was submitted to the Supreme Court on Friday, seeking to declare firearms regulations, established nearly a century ago, as unconstitutional.

The 1934 National Firearms Act (NFA) imposes tax and registration requirements for rifles with barrels shorter than 16 inches. Violating these regulations can result in up to 10 years in prison and fines reaching $250,000.

The National Rifle Association’s Legislative Measures (NRA-ILA) petition highlighted the case of Jammond Rush, who was convicted of a felony and sentenced to 30 months for possessing a commonly used firearm legally. The Seventh Circuit upheld this conviction while seemingly overlooking the Court’s Second Amendment precedents.

According to court documents, Rush was accused in 2022 of owning an unregistered Anderson-made AR-15 rifle with a barrel measuring just 7.5 inches.

The NRA petition emphasizes that this classification of firearms was established in the early 20th century, reflecting historical perspectives on gun ownership.

Further, the petition points out that lower courts are struggling with how to evaluate challenges to these weapons limitations, leading to a variety of often conflicting rulings. This inconsistency is particularly noticeable in the Seventh Circuit, which has issued opinions that clash with both Supreme Court precedent and its own past decisions.

NRA vice president and CEO Doug Hamlin expressed concerns, stating that the NFA creates unjust burdens for law-abiding gun owners, with regulations that do not align with the foundational text, history, or traditions of the Second Amendment.

“The Second Amendment ensures the right to own commonly used firearms without unnecessary government interference,” Hamlin commented, expressing hope that the Supreme Court will reaffirm this right.