Short-barrel rifles (SBRs) are not protected by the Second Amendment, according to the Seventh Circuit Court of Appeals last week.
The panel upheld the case against Jamond Rush, a midwestern man charged with illegally possessing an SBR. The defendant was caught with a 7.5-inch Anderson Manufacturing AR-15, which was shorter than the minimum of 16 inches allowed by the National Firearms Act of 1934 (NFA).
Rush challenged the constitutionality of the charges, asserting that they did not pass muster under the U.S. Supreme Court’s New York State Rifle & Pistol Association v. Bruen 2022 ruling.
However, the Seventh Circuit found that SBRs are not among the “arms” protected by the Second Amendment. The unanimous decision in US v. Rush upheld a lower court’s determination against the lawsuit challenging the NFA.
Judge Joshua Kolar wrote for the panel that the history and tradition of the nation’s gun laws supported their conclusion.
“We decline to make a step one finding that short-barreled rifles are ‘arms’ protected by the Second Amendment’s text—at least not on this occasion under the theories presented by Rush,” Kolar declared. “The record does not show such firearms are commonly used by ordinary, law-abiding citizens for a lawful purpose like self-defense.”
Of key importance to gun rights advocates is the ruling’s support of the Supreme Court’s previous findings in US v. Miller.
Not long after the NFA’s passage, this challenge to the federal law determined that the prohibition of SBRs was indeed constitutional.
Now, Miller and Bruen may be on a collision course to meet on the marble steps of the high court. The 1939 Miller case upheld the restriction on specific firearms, such as machine guns and sawed-off shotguns, and this has been a point of contention ever since.
Whether this statute would stand up to the Bruen test in the nation’s history and tradition is anybody’s guess. However, Miller established the precedent that not all firearms are protected by the Second Amendment, and that outcome may be ripe for a serious challenge.
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