ASA FOUNDATION & SILENCER SHOP BACK LAWSUIT AGAINST ILLINOIS SUPPRESSOR BAN
SPRINGFIELD, IL – On February 27, 2023, the American Suppressor Association Foundation (ASA-F) and Silencer Shop helped file a Federal lawsuit in the Southern District of Illinois against the State of Illinois, alleging that Illinois’ ban on suppressor ownership and possession is an unconstitutional violation of the Second Amendment. The case is known as Anderson v. Raoul.
“The American Suppressor Association Foundation has always believed that the Second Amendment protects the right of law-abiding Americans to possess and own suppressors. After last summer’s Bruen ruling, we knew it was time to get to work on a case that would apply the Second Amendment’s protections to the States,” said Knox Williams, ASA-F’s Executive Director.
“This case argues that suppressors are covered by the Second Amendment’s protection of the right to keep and bear arms, and that Illinois’ flat-out ban on suppressor ownership is therefore unconstitutional,” said Chris Boeck, ASA-F Board Member and General Counsel of Silencer Shop. “We’re optimistic the courts will agree with our interpretation, and extend the right to own suppressors to the people of Illinois. Suppressors offer critical hearing protection, reduce recoil, and improve accuracy. They facilitate communication and situational awareness while hunting, at the range, and during urgent moments of self-defense. They make firearms safer.”
Williams continued, “the standard of review laid out by the Supreme Court in its Bruen decision last summer requires Illinois to justify its ban on suppressor ownership by showing that the ban is consistent with ‘the Nation’s historical tradition of firearm regulation.’ Since there has never been a nationwide ban on suppressor ownership, and since suppressors are neither dangerous nor unusual, we are confident that Illinois will not be able to justify its ban to the court.”
Illinois’ ban on suppressors is on borrowed time. ASA-F and Silencer Shop are confident that this lawsuit will open up the door to legal suppressor ownership in the Prairie State.
ASA-F WILL FIGHT UNTIL EVERY SUPPRESSOR BAN IS OVERTURNED!
1. SUPPRESSOR BANS ARE UNCONSTITUTIONAL
There has never been a Federal ban on suppressors, but there are currently 8 states where their possession is prohibited. Each of these state bans is a violation of the Constitution.
2. THE SECOND AMENDMENT PROTECTS YOUR RIGHT TO HAVE SUPPRESSORS
Suppressors have been classified as firearms since 1934. As such, they are bearable arms and must be afforded the same Constitutional protections by the Second Amendment as firearms.
3. ASA-F WILL FIGHT UNTIL EVERY SUPPRESSOR BAN IS OVERTURNED
Suppressors are legal to own in 42 states. California, Delaware, Hawaii, Illinois, Massachusetts, New Jersey, New York, and Rhode Island are the 8 states that ban suppressors. The lawsuit challenging the ban in Illinois is the first of its kind, but it will not be the last!
CASE STATUS
ANDERSON V. RAOUL
US District Court - Southern District of Illinois
Case #3:23-cv-00728-DWD
Latest Action: 9/5/2025
Action: Judge Dugan grants Summary Judgement & Motion to Dismiss
Next: Appeal Ruling
SEPTEMBER 2025: On September 5, 2025, Judge Dugan ruled in favor of the State of Illinois' motion to dismiss. We believe his ruling was wrong and we intend to appeal his decision.
Some additional key points:
Judge Dugan cites Caetano, where the Court held stun guns are arms covered by the Second Amendment, then finds that because suppressors did not exist in 1791 or 1868, they are not arms and therefore not covered by 2A.
He’s fundamentally misread Bruen, which held that the GOVERNMENT must show that any infringement on Second Amendment rights must have a historical analogue. Bruen does not require modern arms to be analogous to arms that existed at the founding
Even though he cites this paragraph in Bruen, he proceeds to ignore it: “We have already recognized in Heller at least one way in which the Second Amendment's historically fixed meaning applies to new circumstances: Its reference to “arms’ does not apply ‘only [to] those arms in existence in the 18th century. Just as the First Amendment protects modern forms of communications, and the Fourth Amendment applies to modern forms of search, the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.’ Thus, even though the Second Amendment's definition of ‘arms’ is fixed according to its historical understanding, that general definition covers modern instruments that facilitate armed self-defense.’
He makes up his own, ahistorical, nonsensical, judge-made test.
Corporate Contributors
This lawsuit would not be possible without the generous support of corporate contributors. Silencer Shop contributed an initial $350,000 to allow us to file the first lawsuit in Illinois. As of December 2024, Silencer Shop has continued to contribute, along with other corporate donors, in the amounts shown below.
$375,000+
$175,000+
$75,000+
$30,000+
ASA-F is a 501(c)(3) educational nonprofit that was formed to help educate the public on the realities and merits of suppressors.
ASA-F will fight until every suppressor ban is overturned
There are currently 8 states where suppressor ownership and possession are banned.
ASA-F and Silencer Shop have partnered to help sue Illinois
The ASA-F and Silencer Shop backed lawsuit is the first step of many to overturn the unconstitutional bans on suppressors.
ASA-F will back lawsuits in additional states
The lawsuit in Illinois is the first ASA-F backed suit of its kind. It will not be the last. ASA-F will continue until every suppressor ban is overturned!
Winning in court will end the threat of suppressor bans
In 2023, legislators in Virginia and New Mexico tried to ban suppressors. Winning in court will ultimately ensure that suppressor bans are never on the table again!
About the ASA Foundation
The American Suppressor Association Foundation (ASA-F) is a 501(c)(3) educational nonprofit organization. Formed to educate the public on the realities and merits of suppressors, ASA-F stands at the forefront of pro-suppressor Constitutional litigation.
The ability of the American Suppressor Association Foundation to educate and litigate for your Constitutional rights is tied directly to our ability to fundraise. For more information on how you can help, visit www.Suppressor.org.
