Fifth Circuit Rules Suppressors Are 2A Protected Arms

[Diabolus]

The Fifth Circuit just ruled that suppressors are protected “arms” under the Second Amendment in US v. Comeaux, not just accessories, but useful for better accuracy, less recoil, hearing protection, and self-defense. They upheld the NFA conviction here, but this feels like real progress and could head to SCOTUS.

What do you guys think? does this open the door for easier ownership down the line, or will the tax and registration regime mostly hold strong? Anyone following similar cases or have thoughts on how it hits CA.

Fifth Circuit Rules Suppressors Are Protected by Second Amendment

Despite the ruling, federal restrictions on suppressors remain in place.

texasscorecard.com

 

[KingRansom]

Doesn't matter what federal laws are passed, California is a dictator State and they will implement their own gun laws regardless

 

[Gromann]

There's likely going to be a follow up stating that states that have a blanket ban are going to have to facilitate an avenue for ownership.

 

[mountain_yokai]

There's likely going to be a follow up stating that states that have a blanket ban are going to have to facilitate an avenue for ownership.

Probably means CA will make you apply (pay) for a permit

 

[OrangeCurtain]

Even having to get a permitted suppressor in CA is a step in the right direction, but until it matches standard NFA regulations it's still a court battle. Whenever Duncan v. Bonta gets cert, that will be the main domino to fall. Now that SCOTUS issued it's opinion on Wolford v. Lopez, my bet is on SCOTUS hearing the case in the next term. We will know late September during their Long Conference. Either way, this ruling is beneficial to Sanchez v. Bonta as well. Interestingly the 5th Circuit here still found the dude guilty of violating NFA laws, but the ruling affirming suppressors as protected arms is a big plus.

An aside, imagine the millions of dollars of time and legal fees spent in all this, we could use it to pay teachers better salaries, repave roads, build more business for sporting/hunting shops, but we waste it on this litigation which has no peer reviewed data showing benefit to public safety.

 

[Gawernator]

Is there a current CA lawsuit against the suppressor ban?

 

[OrangeCurtain]

Is there a current CA lawsuit against the suppressor ban?

Yes, Sanchez V. Bonta. The 9th just ruled against Sanchez earlier in June, then the 5th circuit ruling came out, and they are at odds, hence the circuit split. Oddly enough I've found using a LLM like Claude or Gemini to get context on these cases is helpful. I'd cross check it with actual sources because AI still gets stuff wrong, but it helps me cut through alot of the opinions and fluff online, right to the meat and potatoes of the cases.

 

[dvoncock]

If I had a crystal ball, my guess is that outright bans will go away, eventually. But the Commerce Clause will be found to allow for (federal) taxation/regulation; and the several states’s general police power will be found to allow for additional (state) taxes and licensing/registration schemes. (BTW, this is my “it depends” generally applicable answer for all current challenges to California’s bans on various firearms-related items.)

 

[Shellbackitup]

 

[Gawernator]

If I had a crystal ball, my guess is that outright bans will go away, eventually. But the Commerce Clause will be found to allow for (federal) taxation/regulation; and the several states’s general police power will be found to allow for additional (state) taxes and licensing/registration schemes. (BTW, this is my “it depends” generally applicable answer for all current challenges to California’s bans on various firearms-related items.)

Give us more sweet hopium esquire

 

[2muchsoysauce4allthisrice]

The Fifth Circuit just ruled that suppressors are protected “arms” under the Second Amendment in US v. Comeaux, not just accessories, but useful for better accuracy, less recoil, hearing protection, and self-defense. They upheld the NFA conviction here, but this feels like real progress and could head to SCOTUS.

What do you guys think? does this open the door for easier ownership down the line, or will the tax and registration regime mostly hold strong? Anyone following similar cases or have thoughts on how it hits CA.

Fifth Circuit Rules Suppressors Are Protected by Second Amendment

Despite the ruling, federal restrictions on suppressors remain in place.

texasscorecard.com

I wonder if we need to win the Mag and AW case first to help pave the way?

 

[cali_jazz]

Yes, Sanchez V. Bonta. The 9th just ruled against Sanchez earlier in June, then the 5th circuit ruling came out, and they are at odds, hence the circuit split. Oddly enough I've found using a LLM like Claude or Gemini to get context on these cases is helpful. I'd cross check it with actual sources because AI still gets stuff wrong, but it helps me cut through alot of the opinions and fluff online, right to the meat and potatoes of the cases.

It's a great curation tool but (Gemini) gets it wrong quite a bit and doesn't seem to learn when I correct it after it admits that I am right. Hopefully we can get to Large LEARNING Models at some point.
I actually asked it which AI is most accurate for factual data and it told me ChatGPT

 

[Wolkenflieger]

It's a great curation tool but (Gemini) gets it wrong quite a bit and doesn't seem to learn when I correct it after it admits that I am right. Hopefully we can get to Large LEARNING Modules at some point.
I actually asked it which AI is most accurate for factual data and it told me ChatGPT

Definitely try Grok too.