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Posted on 12/13/2024 4:47:22 AM PST by CFW
From U.S. v. Saleem, decided [yesterday] by Judges J. Harvie Wilkinson, Steven Agee, and Allison Rushing:
The Supreme Court in Heller defined "arms" as "any thing that a man wears for his defence, or takes into his hands, or useth in wrath to cast at or strike another." Therefore, "the Second Amendment extends … to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding." While a silencer may be a firearm accessory, it is not a "bearable arm" that is capable of casting a bullet.
Moreover, while silencers may serve a safety purpose to dampen sounds and protect the hearing of a firearm user or nearby bystanders, it fails to serve a core purpose in the arm's function. A firearm will still be useful and functional without a silencer attached, and a silencer is not a key item for the arm's upkeep and use like cleaning materials and bullets. Thus, a silencer does not fall within the scope of the Second Amendment's protection.
Julia K. Wood represents the government.
If they’re not “arms”, what gives the atf the right to regulate them?
As an argument, that should do. I'd bet the lawyers who lost that ruling missed it.
“Silencers Aren’t “Arms” Protected by Second Amendment, Fourth Circuit Holds..”
Hey 4th circuit...hold this!
The underlying thinking here is that the government simply wants to control 100% of everything in your life. Total power over everything. Of course, there may be a few small exceptions. Speech, Right to keep and bear arms, etc. But those pesky areas will be limited and constrained as much as possible. So the government can control silencers and 99.9% of everything else. Welcome to the Land of the Free. [/s]
Silence! No questions.
Silencers exist only in Hollywood. They are called suppressors.
By that definition then sights, scopes, and magazines can be banned.
Like many things in the gun debate they go after things that matter little when it comes to crime’s committed with guns(guns cannot commit violence they are inanimate objects), and if there were no silencers in the world would crimes committed with guns go down? The answer is no, but that doesn’t matter to them.
Good example is the “assault rifle”. Rifles of all kinds, there is no distinction in FBI statistics for “assault rifles”, are less than 1/2 of 1 percent.
The reality is if these weapons could be removed from society it wouldn’t even be a statistical blip in crime or murder rate.
But they know this, and always it is never about what they are talking about, but what they want. All guns gone so they leave us defenseless. Defenseless against criminals of course, but more importantly defenseless against them and their rule.
Curious if there is a mechanism other than constitutional amendment to fix issue of interpretation ie 14th amendment, could that mechanism be used to clarify 2nd amendment?
Honestly I hope not because if there is then that mechanism could be used to redefine 2nd amendment to the lefts liking at some point as well
I don’t see any FBTSS (federal bureau to suppress suppressors) anywhere in the phone book. What lawful right does any bureaucrat in Washington DC have to deny American citizens’ their rights to own private property?
Hand guns can be confiscated because the grips are not legal in the jurisdiction
I bought a Banish suppressor for my .22 this past year and all I can say is they are over priced, over rated and definitely over regulated (they shouldn’t be regulated at all).
“capable of casting a bullet”
casting?
YA do that in a mold.
WTAF?
Well fine. “Silencers” are the problem?
I’ll keep my suppressor then.
Unless you change to subsonic ammo, you only get about a 20db (max) suppression.
Check out “Atomic ammo” It’s a brand that from personal experience makes a .223 “Hollywood quiet.” For real. On an AR platform rifle or a .22 semiautomatic pistol, you will need to adjust the gas block and slide spring respectively in order to get the firearm to cycle.
Just know that with a suppressed subsonic round, you WILL have reduced energy and different ballistics. For instance, Atomic ammo tells you straight up that their ammo hits and drops like a .380 round. I found however that it is QUITE accurate and predictable to 50+ yards with a tolerable drop at 75 yards.
This is a prime example of gross administrative over reach. A suppressor is not a firearm just as a shoulder strap on a long gun is not a firearm. This is the administrative bureaucrats rampaging over common sense and the rights of Americans. Patently unconstitutional and nobody does anything but grouse about it.
here ya go —
http://atomicammunition.com/rifle.html
They also have pistol ammo. Not all ammo listed is subsonic.
Imagine a 260 grain .308. It’s a great round for hog hunting at night (legal in GA). Nearly silent on a suppressed AR-10, and does a fine job of knocking down a hog with a properly placed shot. Also there’s essentially ZERO muzzle flash, so night vision is preserved.
So I guess this means we can’t wear any type of hearing protection at the range. Azho politicians and their “judges”.
Silencers should be mandatory to combat hearing loss. They are not arms, they are personal protective equipment.
Interesting, they don’t offer any .22 ammunition
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