SCOTUS Showdown Over Gun Suppressors Looms After Appeals Court Creates ‘Circuit Split’
BY Herschel SmithA federal appeals court’s Thursday ruling could force the Supreme Court to decide if suppressors and magazines fall under the definition of “arms.”
The United States Court of Appeals for the Fifth Circuit ruled Thursday in Comeaux v. United States that suppressors fall under the category of “arms” and are protected under the Second Amendment. The Second Amendment Foundation noted the “circuit split,” when two appellate circuits disagree on similar cases, in a series of posts on X, while SAF Director of Legal Research and Education Konstadinos Moros specifically mentioned the Ninth Circuit case Duncan v. Bonta.
“There is now a circuit split on whether suppressors are arms,” Moros posted. “This is of critical importance to those of us in states that totally ban them. While everyone else is arguing about whether registration is constitutional, we can’t even register them under the NFA if we wanted to!”
So what? The cowardly SCOTUS will ignore the circuit split just like they’ve ignored trampling 2A rights by failing to grant certiorari to AR ban cases.
Reminder: I still favor a complete 1-for-1 swap between the Fifth Circuit and the supreme court.
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