The American Suppressor Association (ASA) is firing back after the Acting U.S. Attorney for the Eastern District of Louisiana claimed in a recent court filing that suppressors are not “arms” and therefore not covered by the Second Amendment.
ASA General Counsel Michael Williams responded to the government’s position in U.S. v. Peterson, a case currently before the Fifth Circuit Court of Appeals.
In a video statement (see below), Williams made it clear that the ASA vehemently disagrees with the argument that suppressors fall outside the scope of 2A protections.
“As you probably know, the acting U.S. attorney there filed a brief with the Fifth Circuit where he insists that suppressors are in fact not arms and therefore not covered by the Second Amendment. Obviously, we at ASA very much disagree with that take.”
WATCH: ASA General Counsel Michael Williams sets the record straight on why U.S. Attorney Michael Simpson’s filing in USA v. Peterson — that suppressors aren’t arms and aren’t protected by the Second Amendment — completely misses the mark. pic.twitter.com/qXGUWxnCmE
— American Suppressor (@AmSuppressor) March 18, 2025
The Government’s Argument: A Misguided Comparison
One of the most bizarre claims in the U.S. Attorney’s filing involves a comparison between suppressors and everyday household items. According to the filing:
“A pillow or a plastic soda bottle taped to the barrel of a firearm can also reduce the noise from the discharge of a bullet. Do these items too become weapons when attached to a gun and therefore gain constitutional protection?”
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Williams pointed out that, under current ATF interpretation, attaching any object to a firearm that reduces its report can legally be considered a suppressor—and people have already gone to jail for doing exactly that.
“The answer is yes. And we know that as suppressor owners, that ATF interprets the law—and the law is written in such a way—that it allows for an interpretation where a soda can or a soda bottle attached to a firearm with an intent to suppress it, or even without the intent, with the effect of suppressing it, that counts as a suppressor. People have gone to jail for that.”
The 2A and Suppressor Regulation
The government’s filing further questions whether suppressors should have varying degrees of legal protection based on how much noise reduction they provide. Williams called this a clear misunderstanding of how both the ATF and the courts have historically viewed suppressors.
“If a suppressor is protected by the Second Amendment because it is a useful attachment, how much noise does it need to reduce before it becomes useful enough? Well, again, suppressor owners, we know that the answer to that is any amount. And that’s been ATF’s long-standing interpretation of the Gun Control Act and the NFA. So it’s a pretty easy bar—any amount.”
Perhaps the most concerning part of the government’s argument, Williams noted, is its attempt to justify restrictions based on congressional intent rather than historical precedent. The Supreme Court’s Bruen decision established that modern firearm laws must be rooted in the history and tradition of firearm regulation.
“Again, there he gives away the game when he says he’s wondering about Congress’s reasons for imposing regulation. While what Congress thinks matters obviously in the judicial context, and specifically in the Second Amendment context, it’s irrelevant. The court has laid out a pretty specific test there in Bruen.”
ASA Hopes for DOJ Reconsideration
Williams concluded by expressing hope that the Department of Justice will step in and correct what he sees as a misguided legal position.
“We are hopeful that main Justice and Attorney General Bondi will take a serious look at this and reconsider,” he said.
For now, the U.S. v. Peterson case remains a key Second Amendment battle with potential major implications for suppressor regulation.
Stay updated on this case and other suppressor-related legal developments by following the American Suppressor Association.
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