Gemma ⭐️🔰🇺🇸 🇵🇭 🎐Interesting development in #rtkba case US v. Peterson (5th Circuit. Ct. Appeals). Respondent appealed the case for an en banc hearing, US DoJ reversed its earlier incorrect position, and the Court has withdrawn its earlier 3-panel decision without comment. The decision had held that #firearms #suppressors were not protected as “arms” by Amendment II, an idea fully inconsistent–indeed explicitly at odds–with established precedent.
The likely outcome is that the Court will issue a new opinion upholding the revised DoJ position, which is that suppressors are indeed #RTKBA #AmendmentII protected arms, based on prior #SCOTUS precedent (cf: Heller, McDonald, Bruen, Rahimi), but it is highly likely that the Court will opine that suppressors are still subject to the additional background checks and fees of #NFA1934 (at least, until Congress removes them from the #NFA, which is probable, currently in process). #USpol #ConLaw
Congress removing suppressors from the NFA is a good thing, despite what fearmongering gungrabbers would have you believe. Think what you will about firearms in civilian hands, but in the US at least, they are a specifically legal item, enumerated in our Constitution since 1791, and even repeal of Amendment II would not change their legal status much, as the right is recognized in US jurisprudence as a fundamental right which pre-exists the Constitution and is not granted by it.