United States v. Myers
3:22-cr-00067
D. Nev.Jun 10, 2024Background
- Defendant Kristopher Myers was indicted for possession of an unregistered short-barreled rifle, violating the National Firearms Act (NFA).
- Myers moved to dismiss the indictment, arguing the statute violated his Second Amendment rights after the Supreme Court’s decision in Bruen.
- The NFA requires certain firearms, including short-barreled rifles, to be registered and imposes specific identification and tax requirements.
- The Government argued that unregistered short-barreled rifles are not protected by the Second Amendment and cited precedent excluding such weapons.
- Both parties agreed the core issue was whether possession of an unregistered short-barreled rifle is protected by the Second Amendment's "plain text."
- The court considered Supreme Court and Ninth Circuit precedent to determine if short-barreled rifles are covered by the Second Amendment.
Issues
| Issue | Myers's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether possession of an unregistered short-barreled rifle is protected by the Second Amendment | The term "arms" covers all firearms, including short-barreled rifles; challenges the exclusion of certain weapons at step one of Bruen | Short-barreled rifles are "dangerous and unusual", not in common lawful use, thus outside Second Amendment's scope | Not protected by the Second Amendment; motion to dismiss denied |
| Whether the NFA's registration requirement is unconstitutional under Bruen | The Government failed to satisfy Bruen's historical tradition prong | The NFA's regulation is consistent with historical tradition and regulates weapons used by criminals | Registration requirement upheld |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (U.S. 2008) (Second Amendment does not protect weapons not typically possessed by law-abiding citizens for lawful purposes)
- New York State Rifle & Pistol Ass'n, Inc. v. Bruen, 597 U.S. 1 (U.S. 2022) (establishes modern test for evaluating firearms regulations under Second Amendment)
- United States v. Miller, 307 U.S. 174 (U.S. 1939) (held short-barreled shotguns not protected by the Second Amendment)
- United States v. Thompson/Center Arms Co., 504 U.S. 505 (U.S. 1992) (NFA regulation targets weapons likely to be used for criminal purposes)