The Second Amendment Foundation (SAF) joined the National Rifle Association (NRA) and multiple other advocacy groups and filed an amicus brief with the U.S. Supreme Court.
The issue is complex and involves Navy veteran Patrick Tate Adamiak and the National Firearms Act of 1934 (NFA). The defendant was convicted on charges related to machinegun and destructive device ownership.
The court handed down 20 years to serve in federal prison.
Many believe courts actively avoid Bruen’s clear mandate
A portion of the brief leans on Adamiak’s prosecution, which the lifelong gun collector’s supporters believe was “outrageous” and a “miscarriage of justice.”
Most of the compelling argument, however, centered on how courts are simply dodging clear requirements established by SCOTUS in New York State Rifle & Pistol Association v. Bruen to justify modern gun control.
These laws and court actions by high court precedent align with the nation’s history and tradition of firearm regulations. The truth, according to 2A groups, is far from the mandate.
SAF argued that the nation’s ‘history and tradition’ are conveniently ignored
SAF Executive Director of Legal Research and Education Kostas Moros blasted efforts by lower courts to pretend that Bruen is somehow vague on holding all branches of government accountable to the Second Amendment.
“Lower courts continue to distort Bruen by turning the ‘plain text’ step into a restrictive Goldilocks test that lets the government evade its historical burden entirely,” Moros declared. “If cut-up gun parts and inert training aids are being regulated as ‘firearms’ under the NFA, they are presumptively ‘arms’ under the Second Amendment and require historical analogues.”
If these items are indeed “arms,” the veteran deserves the full protection of the Bill of Rights.
Moros added that Adamiak, who enlisted in the Navy at 17, should not face decades in prison simply because some courts do not respect clear Supreme Court precedent.
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