Louisiana Judge Finds Silencers are NOT Protected by Second Amendment

AmmoLand ^ | January 25, 2024 | Dean Weingarten

[Political Junkie Too]

Unfortunately, regarding commerce SCOTUS ruled in substinance farming cases that growing regulated crops for your own use affects commerce because you don't participate in the general market.

The parallel argument is that making your own silencer keeps you out of the regulated market, which is against the regulations.

The farmer's case was about exceeding crop limits even though the excess was never going to leave the farm because it would be used as feedstock for the animals. SCOTUS ruled that the farmer must participate in the market and cannot grow his own crop in excess of the regulated amount.

-PJ

[FlingWingFlyer]

And nails are “accessories” for blunt objects like hammers.

[shooter223]

I always thought nails were more like ammo.

[Cletus.D.Yokel]

Oh I know and understand.
The other 2 should be enough but...

My perspective is from an ‘originalist’ position.
The position [usually] held by Thomas, Alito and {RIP} Scalia.

[Blood of Tyrants]

How can it not be a firearm, but at the same time it must be registered because firearms are?

[Blood of Tyrants]

They are legal in most states, but the are also heavily regulated.

[NorthMountain]

1) Silencers are accessories, not “arms,” protected by the Second Amendment.
2) There is a history of regulating “dangerous and unusual” weapons. Silencers are “dangerously unusual.”
3) There is a historical tradition of regulation of commerce in firearms. Therefore, silencers can be regulated with serial numbers and registration.

1) FALSE. Federal law says otherwise; Category 1(e): Silencers, mufflers, and sound suppressors.

2) Nonsense. In much of the world, certainly in highly civilized countries in Europe, not using a silencer is considered bad manners. Silencers are highly usual.

3) Again, nonsense. The so-called "historical tradition" begins with the highly non-traditional, and obviously unconstitutional National Firearms Act in 1934 ... more than a century after the founding of The Republic.

An honest judge would tell the Biden Regime to pound sand.

[NorthMountain]

they would be a standard part of firearms as hearing protection.

I doubt that. They would be far more common, though. IMO. Silencers muffle the report from muzzle blast. They do nothing for the crack of a supersonic bullet, nothing for the sound of the action cycling, and nothing for cylinder gap blast.

[zeugma]

I think this just became a whole new ball game.

Possibly. One might argue that IF they are not firearms, and they obviously do not contain Alcohol, Tobacco, or Explosives, what jurisdiction does the BATFE have over them at all? Personally, I think of suppressors as safety device with ancillary health benefits.

[marktwain]

One might argue that IF they are not firearms, and they obviously do not contain Alcohol, Tobacco, or Explosives, what jurisdiction does the BATFE have over them at all?

Legalese does not have to conform to dictionary definitions. Silencers (and any part thereof!) ar defined by law as a "firearm", for regulation by the BATFE.

No, it does not make sense in ordinary terms.

The law is not required to make sense in ordinary terms.

[zeugma]

Dropping an asteroid would make the planet useless for a long while. It makes little sense if you want to take over a functioning world.

Ya, fully aware of that. Reading through Supreme Court decisions has given me a full measure of complete disdain for the "law".

[marktwain]

Asteroid?

[SunkenCiv]

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[nagant]

These silencers were made and found in Louisiana. The Constitution limits federal law enforcement to acts in interstate commerce. These silencers have never been in interstate commerce.

[zeugma]

Asteroid?

Yeah, that came out of left field didn't it? Should have responded on a different thread. Sorry about that.

[SauronOfMordor]

The Army's new XM7 comes standard with a suppressor.