U.S vs. Chief Brad Wendt - Overturned

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On October 18, 2024, Palmetto State Armory joined FRAC, Gun Owners of America, B&T USA, and eight states in filing an amicus brief with the U.S. Court of Appeals for the Eighth Circuit in support of former Iowa Police Chief Brad Wendt. The case challenged the scope of the 1986 federal machine gun ban, commonly known as the Hughes Amendment, and whether the ATF can expand criminal enforcement beyond what Congress authorized.

The Eighth Circuit ultimately reversed Wendt’s machine gun conviction, ruling that the statute as applied in the case failed constitutional scrutiny. In a concurring opinion, Judge Trass noted that arguments raised in the amicus briefing helped highlight statutory provisions showing that Wendt’s possession of the firearm was not a crime under federal law.

The decision reinforces limits on administrative agencies expanding criminal liability through enforcement actions rather than legislation. Palmetto State Armory stated that it will continue supporting legal efforts that challenge regulatory overreach and defend Second Amendment rights.