The Second Amendment Foundation (SAF) has filed an amicus brief urging the Supreme Court to hear David Robinson Jr. v. United States, a case challenging federal restrictions on short-barreled rifles (SBRs).
Joining SAF in the filing are the Second Amendment Law Center, the California Rifle & Pistol Association, and the Minnesota Gun Owners Caucus.
Why This Matters
The Eleventh Circuit Court of Appeals relied on U.S. v. Miller (1939) to uphold SBR restrictions, arguing they had no militia use—similar to its earlier stance on short-barreled shotguns. SAF says that logic doesn’t hold up.
“Even if Miller were the correct standard, SBRs are in regular military use today,” said SAF Director of Legal Research and Education Kostas Moros.
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“The M4 rifle, our military’s standard issue, has a 14.5-inch barrel—below the 16-inch limit set by the law,” he continued. “Many variants, like the MK18, are even shorter. Miller actually supports our position, not the government’s.”
The Brief’s Key Points
- SBRs qualify as “arms” under the Second Amendment.
- The government bears the burden to prove a historical tradition of regulating firearms based on barrel length—and no such tradition exists.
- Today’s standard military rifles fall under the “short-barrel” category targeted by the law.
SAF says the case is bigger than just one law—it’s about correcting courts that misapply the Second Amendment.
Part of a Larger Fight
“This amicus brief is just one part of our fight against the National Firearms Act’s restrictions on SBRs and silencers,” said SAF founder Alan M. Gottlieb.
“We also have a landmark case, Brown v. ATF, challenging the NFA’s constitutionality. The goal is simple: restore the Second Amendment rights of all Americans,” he concluded.
The Supreme Court has not yet decided whether to hear the case.
For more details, visit SAF.org.
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