The Fifth Circuit Court of Appeals, once considered a stronghold for Second Amendment protections, has delivered a major setback to gun owners and firearms rights advocates by ruling that suppressors are not covered under the Second Amendment. This decision has serious implications—not just for those who own or manufacture suppressors in states like Texas, but also for individuals currently entangled in legal battles with the ATF.
In United States v. Peterson, the Fifth Circuit upheld the federal government’s authority to regulate suppressors under the National Firearms Act (NFA), rejecting the argument that suppressors are constitutionally protected “arms.” The court determined that suppressors are mere accessories, not essential to the operation of a firearm, and therefore fall outside the scope of Second Amendment protection.
This ruling presents a troubling contradiction: if suppressors are not considered “arms,” then why does the ATF continue to regulate them as if they were? Under the NFA, suppressors are heavily restricted, requiring a $200 tax stamp, a months-long approval process, and registration with the federal government. If suppressors are just accessories, as the court claims, then the ATF’s strict regulation of them under federal law makes no sense. The decision effectively upholds the ATF’s ability to prosecute individuals for owning unregistered suppressors, while simultaneously refusing to recognize their legal status as constitutionally protected firearm components.
Implications for Texas’ “Made in Texas” Suppressor Law
This decision is particularly significant for Texas’ “Made in Texas” Suppressor Law, which was passed to exempt suppressors manufactured and sold within the state from federal regulation. The law argued that since these suppressors never enter interstate commerce, they should not be subject to federal oversight. However, the recent Fifth Circuit ruling severely undermines this position. If suppressors are not protected under the Second Amendment, then courts are likely to defer to the federal government’s ability to regulate them under the NFA, making it much harder for state-based protections like Texas’ to hold up under legal scrutiny.
What This Means for Gun Owners Facing ATF Raids
The Fifth Circuit’s ruling also directly affects gun owners who have already been targeted by the ATF for possessing unregistered suppressors. In recent years, the ATF has raided homes and businesses, seizing homemade suppressors and charging individuals under the NFA. With the court’s ruling, those who are currently fighting legal battles against the ATF will find it even harder to challenge the agency’s actions on constitutional grounds.
Moreover, this decision signals that unless another circuit court rules differently, suppressor owners will have no relief from the courts. The only path forward for a legal challenge against suppressor regulations under the Second Amendment would require a circuit split, meaning another federal appeals court would need to issue a ruling that contradicts the Fifth Circuit’s decision. Without that, the Supreme Court is unlikely to take up the issue.
Congress Must Act—The SHUSH Act Is the Solution
With the courts refusing to protect suppressor rights, the only viable path forward is congressional action. The best way to resolve this issue once and for all is for lawmakers to pass the SHUSH Act (Suppressors Help Us Save Hearing Act). This legislation, introduced by Congressman Michael Cloud (R-TX) and Senator Mike Lee (R-UT), would completely deregulate suppressors at the federal level, removing them from the NFA and eliminating the burdensome tax stamp and registration process.
The SHUSH Act recognizes that suppressors are hearing protection devices and should be treated as common firearm accessories, not restricted like machine guns. Countries like New Zealand and much of Europe actually encourage the use of suppressors to reduce noise pollution and protect shooters’ hearing. Yet, in the U.S., suppressors are heavily regulated for no legitimate reason.
What Needs to Happen Next
Gun owners cannot afford to wait for the courts to correct this error. Congress needs to act now to pass the SHUSH Act and permanently remove suppressors from the NFA. Given the pro-freedom mandate that voters delivered in November, there is no excuse for inaction. Republicans control both houses of Congress and have a president who has signaled support for gun rights. Now is the time to push forward with legislation that eliminates the ATF’s overreach and ends unconstitutional restrictions on law-abiding gun owners.
If Congress fails to act, gun owners will continue to be caught in a bureaucratic nightmare, where suppressors are not recognized as “arms” under the Second Amendment yet remain heavily restricted under federal law. This contradiction must be resolved, and the best way to do so is by making suppressors as easy to purchase as any other firearm accessory.
Gun owners must demand that Congress take action. The Fifth Circuit has made it clear that the courts won’t stand up for suppressor rights—but lawmakers still can. The time to pass the SHUSH Act is now.
