The U.S. Fifth Circuit Court of Appeals has ruled that suppressors are protected by the Second Amendment as they improve accuracy and reduce hearing loss, making them critical for self-defense.
Most firearms are regulated under general gun laws, but suppressors, like machine guns, fall under the National Firearms Act’s stricter registration system, requiring a lengthy approval process and fees.
The case, United States v. Comeaux, was decided by the federal appeals court last week.
According to court filings, Brennan Comeaux, a Louisiana man, was charged with possession of an unregistered suppressor but argued suppressors are protected by the Second Amendment.
The Fifth Circuit agreed on that point, noting suppressors facilitate self-defense and make firearms safer and more effective.
However, the court affirmed Comeaux’s conviction because existing Fifth Circuit precedent in United States v. Peterson treats the NFA’s registration process as presumptively constitutional. Unless that premise is challenged and overcome, the federal laws regulating suppressors will remain in place.
Two of the three judges that decided the Comeaux case argued in a concurring opinion that the Peterson ruling should be revisited.
In the past, Texas has tried to exempt Texas-made suppressors from federal regulation.
The 2021 “Made in Texas” law declares that suppressors manufactured and retained within Texas are not subject to federal regulation or registration requirements, arguing Congress lacks authority to regulate intrastate commerce.
Despite the state law, the DOJ has continued enforcing the NFA in Texas, including raiding and seizing suppressors and other property from a Fort Worth hunting expo.
“The fact that Washington, D.C. regulates them like machine guns is absolutely absurd,” said Texas Gun Rights President Chris McNutt. “The Fifth Circuit is right that suppressors are protected Arms. Now the courts and DOJ need to stop letting the NFA turn peaceable Americans into criminals.”
