On February 6, the Fifth Circuit decided United States v. Peterson, holding that noise suppressors (aka silencers or mufflers) are not protected by the Second Amendment. Written by Chief Judge Jennifer Elrod, the court held that suppressors are not “Arms” within the Second Amendment’s purview. Under Bruen, if an item is an “arm” within the text of “the right to keep and bear arms,” the burden shifts to the government to demonstrate that the restriction is consistent with the historical tradition of arms regulation at the founding.

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