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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of the opinion beyond a one line declaration: “Pursuant to the court’s directive, the opinion in this case has been withdrawn.”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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Monday, July 14, 2025

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President Trump Supports Hunting and Resource Protection with Executive Actions

News  

Monday, July 14, 2025

President Trump Supports Hunting and Resource Protection with Executive Actions

Just as the United States was preparing to celebrate 249 beautiful years, President Donald Trump signed an Executive Order on July 3rd establishing the “Make America Beautiful Again" Commission supporting hunters, outdoorsmen, and outdoor recreationists by prioritizing the ...

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

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Second Amendment  

Thursday, May 22, 2025

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

Earlier today, the U.S. House of Representatives passed H.R.1 the One Big Beautiful Bill Act, which included Section 2 of the Hearing Protection Act, completely removing suppressors from the National Firearms Act (NFA).

Florida: Second Amendment Sales Tax Holiday Signed by Governor

Monday, July 7, 2025

Florida: Second Amendment Sales Tax Holiday Signed by Governor

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DOJ Declines to Seek Supreme Court Review of Decision Striking Down Federal Laws Prohibiting FFLs From Selling Handguns to 18-to-20-Year-Olds

Thursday, July 10, 2025

DOJ Declines to Seek Supreme Court Review of Decision Striking Down Federal Laws Prohibiting FFLs From Selling Handguns to 18-to-20-Year-Olds

In Reese v. ATF, the Fifth Circuit held that 18 U.S.C. §§ 922(b)(1) and (c)(1)—which together forbid Federal Firearms Licensees from selling handguns to 18-to-20-year-olds—violate the Second Amendment.

NRA-ILA July 2025 Litigation Update

Thursday, July 10, 2025

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House Natural Resources Committee Advances Key Hunting Bills

News  

Tuesday, July 15, 2025

House Natural Resources Committee Advances Key Hunting Bills

On July 15, 2025, the House Natural Resources Committee advanced two NRA-ILA supported bills — the Protecting Access for Hunters and Anglers Act (H.R. 556) sponsored by Rep. Rob Wittman (R-VA-1), and the Grizzly Bear ...

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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.