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 for the Eastern District of Louisiana issued an opinion in United States v. Peterson, 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 That ruling was withdrawn and later the court ruled the NFA was constitutional without deciding whether suppressors were arms.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 for the Western District of Louisiana, United States v. Comeaux, 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
US District Court - Western District of Louisiana
Case #24-30307
Latest Action: 6/18/2026
Action: Court releases ruling confirming suppressors are protected arm
On June 18, 2026, the 5th Circuit Court of Appeals issued a ruling that determined suppressors are bearable arms protected by the Second Amendment. This creates a circuit split in opposition to rulings from the 9th Circuit and others.
CASE STATUS
US V. PETERSON
US District Court - Eastern District of Louisiana
Case #24-30043
Latest Action: 12/9/2025
Action: Court releases substitute opinion but denies petition for hearing en banc
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.
