The U.S. Court of Appeals for the Fifth Circuit on Thursday accomplished two things in favor of Second Amendment rights.
First, it unanimously ruled in United States v. Comeaux that the Second Amendment protects firearms suppressors despite strong opposition from the Department of Justice (DOJ).
Second and most importantly, it established a federal court ruling opposite of earlier positions. This means there may be an opportunity for gun rights supporters to take the case for these common accessories to the top–the U.S. Supreme Court.
Defining suppressors as ‘arms’ is a move in the right direction
The Second Amendment Foundation’s (SAF) director of legal research and education Kostas Moros said as much in response to the decision.
“This is of massive importance considering that other circuits have ruled the opposite, and it puts further pressure on the Supreme Court to grant a hardware case immediately,” Moros declared on X.
The gun rights advocate added that there are states with a blanket prohibition on suppressors that must consider the Fifth Circuit’s determination that the accessories are “arms” as defined by centuries of precedent.
Fifth Circuit backed the NFA’s authority over suppressor ownership
It was not a clean victory for the Second Amendment. The court brushed aside arguments that the National Firearms Act (NFA) is unconstitutional and added that a “shall-issue licensing regime is presumptively constitutional under New York State Rifle & Pistol Ass’n v. Bruen.”
While suppressors are protected, the NFA registration requirement remains.
The DOJ, despite obvious improvements in its positions on gun rights, stubbornly insists that these popular devices are not “arms.”
Comeaux was arrested after authorities found suppressors in his home while investigating the discharge of a weapon. He was convicted and sentenced to two years in prison.
The ruling is a victory for the Second Amendment, but not so for Comeaux. The court determined that the NFA mandate is constitutional, and he failed in arguing against the controversial act of 1934.
It’s hardly the end of the fight against federal registration of these popular firearm accessories, and there are more battles coming on this front.
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