5th Circuit Rules Suppressors Are Protected by The Second Amendment
FROM THE FEDERALIST SOCIETY INTERVIEW WITH ASA'S GENERAL COUNSEL MICHAEL WILLIAMS
In February 2025, the Fifth Circuit issued an opinion in United States v. Peterson, on appeal from the Eastern District of Louisiana ruling that suppressors were not “firearms” and thus not subject to Second Amendment protection. That ruling was withdrawn and later the court ruled the NFA was constitutional without deciding whether suppressors were arms. In June 2026, the Fifth Circuit, in United States v. Comeaux, on appeal from the Western District of Louisiana, reversed course and ruled that suppressors are in fact "bearable arms" that are protected by the Second Amendment.
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
US V. COMEAUX
U.S. Court of Appeals – Fifth Circuit
Case #24-30307
Latest Action: 7/20/2026
Action: Court releases ruling confirming suppressors are protected arms; Government files response opposing petition for rehearing en banc
Next Action: Fifth Circuit's ruling on the petition for rehearing en banc
On June 18, 2026, the Fifth Circuit held that suppressors are "Arms" protected by the Second Amendment, reasoning that they reduce noise and recoil, eliminate muzzle blast, and improve accuracy — all of which support the safe and effective use of firearms for lawful purposes. The panel nonetheless affirmed Comeaux's conviction, holding that under the circuit's earlier decision in United States v. Peterson the NFA's registration scheme is presumptively constitutional as a shall-issue regime, and that Comeaux had not shown it was put toward abusive ends. Two of the three judges wrote separately to urge the full court to revisit Peterson.
Comeaux petitioned for rehearing en banc. The government filed its response opposing rehearing on July 20, 2026. That petition remains pending. The holding that suppressors are protected arms creates a split with the Ninth Circuit, which held in United States v. DeBorba on June 3, 2026 that suppressors are accessories falling outside the plain text of "Arms." A split of this kind is among the strongest bases for Supreme Court review.
CASE STATUS
US V. PETERSON
U.S. Court of Appeals – Fifth Circuit
Case #24-30043
Latest Action: 4/20/2026
Action: Supreme Court denies petition for writ of certiorari
Next: No further action pending on this case.
On March 9, 2026, Peterson filed a petition for writ of certiorari with the U.S. Supreme Court (No. 25-1076), supported by amicus briefs from ASA and allied organizations. The Court denied the petition on April 20, 2026, leaving the Fifth Circuit's substitute opinion as controlling precedent in that circuit.
On June 17, 2025, the 5th Circuit Court of Appeals withdrew its opinion in the case — an unprecedented move by the court, which is exceedingly rare. In September 2025, ASA, NRA, and the Independence Institute filed a joint amicus brief with the court in support of a rehearing en banc. On December 9, 2025, the court issued a new substitute opinion in the case but denied Peterson's petition for a hearing en banc.
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.
