Suppressors are often misunderstood, portrayed inaccurately in film as silencing firearms completely. While shooters know this isn’t true, misconceptions persist. Recently, the Fifth Circuit upheld a conviction for illegal suppressor possession, but the case was a quiet win for suppressors.
A Quiet Win for Suppressors – A Statement in a 5th Circuit Court Case Changes Everything
On June 18th, a Fifth Circuit Court of Appeals panel upheld Brennan Comeaux’s conviction for possessing unregistered silencers. Comeaux argued that suppressors are protected by the Second Amendment, making NFA registration unconstitutional. His challenge was rejected, and the conviction stood.
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Silencers ARE Second Amendment Arms
While the case may seem like a defeat for the 2A community, a closer look reveals guidance for future action. Judge Jerry E. Smith wrote, “Though silencers are Second Amendment ‘Arms,’ because Comeaux has not alleged that the NFA’s shall-issue regime has been put toward abusive ends, he has not shown that § 5861(d) burdens his Second Amendment rights. The judgment of conviction is affirmed.” In short, Comeaux’s argument didn’t address the pertinent issue.
The important development is the court’s recognition of suppressors as protected arms, drawing new attention from legal 2A advocates. This challenges the DOJ’s long-standing argument that suppressors aren’t “arms.” Judge Smith clarified further: “Peterson left open the question whether silencers are Second Amendment ‘Arms.’ They are.”
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Further Clarification
He went on to say that “suppressors qualify as ‘ arms’ under the definitions the Supreme Court has relied on in its Second Amendment cases, such as New York State Rifle and Pistol Association v. Bruen. Silencers lead to ‘reduced loudness (and reduced risk of hearing loss), lower recoil from the firearm, elimination of muzzle blast, increased accuracy, and faster follow-up shots. Those are all critical functions that make firearms both safer and more effective for their core lawful purpose of self-defense. Because silencers are used in self-defense ‘to cast at or strike another,’ they are Second Amendment ‘Arms.’”
Another growing argument for suppressors has been in the “common use” arena. This has been a cornerstone argument for Second Amendment advocates for years, and combined with the legal statements released with this case, a new front in our fight for suppressors has emerged.
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A Major Tool Going Forward
I am not a legal scholar, but the implications are clear. The DOJ has long argued that suppressors are not “arms,” and this judge has contradicted that. Though it may seem like legal minutia, it’s another tool for those defending our 2A rights.
You can read the entire decision here.
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