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U.S. Court of Appeals Backtracks on Adverse Suppressor Ruling

Monday, June 23, 2025

U.S. Court of Appeals Backtracks on Adverse Suppressor Ruling

In a single sentence, the U.S. Court of Appeals for the Fifth Circuit added to the high-profile and consequential national conversation on firearm suppressors. Last week, the court withdrew its 3-judge panel opinion from earlier this year in United States v. Peterson, in which it held that suppressors were not “arms” protected by the plain text of the Second Amendment. This unprecedented move in withdrawing the opinion may portend promising developments, not just in the effort to remove suppressors from regulation under the National Firearms Act, but in the effort for their recognition as Second Amendment protected arms.

In February of this year, the Fifth Circuit issued a ruling upholding a conviction for possession of an unregistered suppressor. The court found that suppressors were not protected under the Second Amendment because they are not items necessary for the firearm’s operation and are merely “compatible” with it. Relying on previous court decisions that treated suppressors only as “accessories,” the court failed to apply the appropriate tests under both the United States Supreme Court decisions in Heller and Bruen, which presumptively extend protection to instruments that constitute bearable arms and require a relevantly similar historical tradition to establish a regulation’s validity under the Second Amendment.

The court gave no further explanation for the withdrawal of the opinion beyond a one line declaration: “Pursuant to the court’s directive, the opinion in this case has been withdrawn.”  It is worth noting that prior to the decision, the Department of Justice requested a pause on the case for time to re-evaluate its own litigation position on suppressors. While in its supplemental response, the Department ultimately recognized suppressors as protected by the Second Amendment, it did not come full circle by rejecting the National Firearm’s Act regulation of suppressors.

While the next steps for the case are unknown, the hope is for a full review of the case in proper context to recognize the constitutional protections for firearm suppressors. NRA will continue to monitor legal developments as well as continue its ongoing work with Congress to protect the right to own suppressors free of prohibitory taxes and government red tape. For the latest from Capitol Hill, be sure to regularly visit www.nraila.org and to read the most recent NRA-ILA alert on suppressors: Senate Finance Committee Releases Text of Reconciliation Bill.

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Arkansas Atrocity Highlights Need for Reform in Rules Governing Carry in Public Parks

News  

Monday, August 25, 2025

Arkansas Atrocity Highlights Need for Reform in Rules Governing Carry in Public Parks

On the heels of the shocking and seemingly random murder of a couple in an Arkansas state park while they were walking a trail with their young children, many are revisiting their self-defense plans in the great ...

Everytown Gun “Safety” Course—Step One: Don’t Own a Gun

News  

Monday, August 25, 2025

Everytown Gun “Safety” Course—Step One: Don’t Own a Gun

Our friends at the National Shooting Sports Foundation (NSSF) have reported that Everytown, an active and well-funded anti-gun organization, is now purporting to be branching out into teaching gun owners how to safely handle firearms.

Update: North Carolina House Reschedules Veto Override Vote

Tuesday, August 26, 2025

Update: North Carolina House Reschedules Veto Override Vote

Today, the House rescheduled the veto override vote on Senate Bill 50, Freedom to Carry NC, to Monday, September 22. 

Florida Urges SCOTUS to Grant Cert in NRA’s Challenge to its Young Adult Purchase Ban and to Rule its Own Law Unconstitutional

Wednesday, August 20, 2025

Florida Urges SCOTUS to Grant Cert in NRA’s Challenge to its Young Adult Purchase Ban and to Rule its Own Law Unconstitutional

In May, the National Rifle Association petitioned the U.S. Supreme Court to hear NRA v. Glass, our challenge to Florida’s ban on firearm purchases by adults under 21.

NRA Files Lawsuit Challenging Massachusetts’s “Assault-Style” Firearms Ban

Thursday, August 21, 2025

NRA Files Lawsuit Challenging Massachusetts’s “Assault-Style” Firearms Ban

Today, the National Rifle Association, Gun Owners’ Action League, Pioneer Valley Arms, three NRA members, and another individual filed a lawsuit challenging Massachusetts’s ban on “assault-style” firearms.

Tenth Circuit Holds New Mexico’s 7-Day Waiting Period Unconstitutional in NRA Case

Tuesday, August 19, 2025

Tenth Circuit Holds New Mexico’s 7-Day Waiting Period Unconstitutional in NRA Case

Today, the Tenth Circuit Court of Appeals held New Mexico’s seven-day waiting period for firearm purchases unconstitutional in Ortega v. Grisham, a case brought by the National Rifle Association and Mountain States Legal Foundation, with the ...

Chicago Woman Shot with Stolen Buyback Gun Files Suit

News  

Monday, August 11, 2025

Chicago Woman Shot with Stolen Buyback Gun Files Suit

NRA has often reported on failed “gun buyback” programs in cities across the country as being worse than useless. 

Supreme Court Review Sought in NRA-Backed Challenge to California’s Magazine Ban

Friday, August 15, 2025

Supreme Court Review Sought in NRA-Backed Challenge to California’s Magazine Ban

Today, a Petition for Certiorari was filed asking the U.S. Supreme Court to hear Duncan v. Bonta, a case—backed by the National Rifle Association and California Rifle & Pistol Association—challenging California’s prohibition on magazines capable of holding ...

North Carolina: Pro-Gun Bills Advance in Veto Override Session

Tuesday, July 29, 2025

North Carolina: Pro-Gun Bills Advance in Veto Override Session

During a veto override session on Tuesday, July 29th, both chambers passed House Bill 193 (H193) and defeated Governor Josh Stein's veto.

Florida: Second Amendment Sales Tax Holiday Signed by Governor

Monday, July 7, 2025

Florida: Second Amendment Sales Tax Holiday Signed by Governor

Governor Ron DeSantis recently signed the Florida Budget for Fiscal Year 2025–2026, which includes a Second Amendment sales tax holiday from September 8 through December 31, 2025. The NRA is thankful for Governor DeSantis’ strong ...

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Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.