Episode
United States v. Comeaux: Silencers as Second Amendment Arms
- Podcast
- Swear on the Stand
- Published
- Jul 6, 2026
- Duration seconds
- 2806
- Processing state
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Summary
In the case of United States v. Comeaux , the Fifth Circuit Court of Appeals officially determined that firearm silencers qualify as "Arms" protected by the Second Amendment . The court reasoned that these devices facilitate armed self-defense by making firearms safer and more effective for lawful use. Despite this landmark classification, the court upheld the defendant’s conviction for possessing unregistered silencers under the National Firearms Act . This decision relied on the rule of orderliness , citing a previous ruling that presumes registration requirements are constitutional unless they are shown to be abusive or exorbitant . A concurring opinion agreed with the classification of silencers as protected arms but argued that the current legal framework relies too heavily on judicial shorthand rather than a rigorous historical analysis .