According to the Fifth Circuit in United States v. Peterson, suppressors are not firearms and are thus not protected by the Second Amendment.

That controversial ruling came down last week and, if not successfully challenged, may bear ominous fruit for gun rights advocates. The door is open for the federal government to prohibit any number of accessories that, in fact, are essential parts of weapons.

Three years ago, PDW Solutions LLC owner George Peterson was charged with illegally possessing an unregistered suppressor. This violated the National Firearms Act of 1934 (NFA), which requires a federal tax stamp, a background check, and permission from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

Peterson’s business specializes in gun parts and accessories, tactical gear, personal defense products, and other Second Amendment-related goods. 

The entrepreneur fought the charges, arguing that the NFA violated the Second Amendment, and that the ATF search infringed upon his Fourth Amendment rights.

Unfortunately, Peterson’s claims were denied in district court and then the Fifth Circuit. The ruling was based on the supposition that suppressors are merely accessories and not critical to firearms.

The Firearms Policy Coalition (FPC) and the FPC Action Foundation (FPCAF) vehemently oppose this stance. These gun rights advocates are pursuing a full en banc review of their legal challenge. 

Second Amendment supporters realize that, if left unchecked, this ruling on suppressors as “accessories” could expand to other gun components as a backdoor way to make lawful firearm ownership even more difficult.

After all, this same logic may be applied to optics, stocks, and even magazines. Anti-gunners have long shown their willingness to twist truth and logic to disarm the American people.

There is hope in the different direction the ATF is apparently taking. The sometimes rogue agency is under new leadership, which indicates that gun rights are to be protected and not systematically eroded as in the past.

Hope is also found in the efforts of gun rights organizations to fight this attack on fundamental Second Amendment freedoms. 

If opponents of the right to keep and bear arms go unchallenged, suppressors will certainly not be the last equipment deemed “unnecessary” by rogue lawmakers.

The FPC and other advocates for constitutional rights need public support to continue their fight on behalf of law-abiding gun owners. Without substantial legal challenges, the ATF and others will have no reason not to run roughshod over the Bill of Rights.

One place to start would be to address the outdated and often misused NFA. Passed at the height of Prohibition and gangland violence, the law is more often than not wielded to suppress gun rights for upstanding citizens. 

Therefore, even as the medical community concludes that noise suppressors are an integral part of gun safety and the protection of hearing, the law is slow to catch up to this reality.

This may be due to the Hollywood-fueled misconception that utilizing such a device reduces the gunshot to a mere whisper. This is far from the truth, as these guns are still quite loud and can be heard from a long distance.

However, the suppressor does lower sound by 20-30 decibels and substantially decreases the risk of permanent hearing loss from firing a weapon.

European nations were quicker to realize the benefits and misconceptions of suppressor use, and they were encouraged to enhance public safety. The U.S. is strangely behind the curve and continues to make these critical firearm additions challenging to obtain legally.

An overhaul of the NFA and continued ATF reform will go a long way toward protecting Second Amendment rights against such unnecessary encroachment. 

The Anti Anti-2A Social Club is more than a name—it’s a stand against misinformation, double standards, and the relentless attacks on our rights. It’s for those who are done being quiet and ready to push back against a narrative that seeks to misrepresent and marginalize us.

They say the first step to solving a problem is admitting there is one. But here’s the thing: we’re not trying to “solve” anything. We’re here to embrace our rights, to stand firm, and to protect what’s ours.

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