Suppressors a firearm or an accessory

The 5th Circuit Court of Appeals 3-judge panel ruled that suppressors are not firearms but an accessory and are not protected by the 2nd Amendment and the Department of Justice (DOJ) responded the same that a suppressor is not a firearm but an accessory.

Yet the National Firearms Act (NFA) and Gun Control Act (GCA) says A suppressor is legally defined as a “firearm” under the National Firearms Act (NFA) and Gun Control Act (GCA).

Key Legal Definitions

  • 26 U.S.C. § 5845(a)(7) – Classifies a suppressor as a “firearm” under the NFA.
  • 26 U.S.C. § 5845(f) – Defines a suppressor as “any device for silencing, muffling, or diminishing the report of a portable firearm.”
    • The National Firearms Act (NFA) was signed into law on June 26, 1934, in response to violent crime during Prohibition.
    • Suppressors were classified as “firearms” under the NFA in 1934, meaning they required registration, a tax stamp, and ATF approval to own.
    • The original tax stamp was $200 (the same cost today, but in 1934, it was meant to be a prohibitive cost).
  • Gun Control Act of 1968 (18 U.S.C. § 921(a)(24)) (which defines suppressor parts as “firearms”) – Includes all parts intended for suppressor assembly.
    • he Gun Control Act (GCA) of 1968 was signed into law on October 22, 1968, following the assassinations of President John F. Kennedy, Robert F. Kennedy, and Dr. Martin Luther King Jr.
    • This law expanded the definition of “firearm” to include any combination of parts that can be assembled into a suppressor, effectively making individual suppressor components subject to regulation.

These existing laws clearly define suppressors as “firearms,” as stated and recorded in the National Firearms Act (NFA) and other legal frameworks. Given that no legislation has been passed to reclassify them as accessories, how can the Court and the Department of Justice suddenly assert that suppressors are accessories?

Hearing Protection Act (HPA) in 2017 and 2025

  • Objective:To remove suppressors from regulation under the National Firearms Act (NFA), reclassifying them under the Gun Control Act (GCA)
  • Status: As of March 2025, the HPA has been introduced but has not passed into law. continuing the effort to pass the bill after it failed to progress in prior sessions.

Summary

While there have been attempts through both the courts and legislation to reclassify suppressors as accessories, these efforts have not resulted in a change in their classification to date. Suppressors remain regulated under the NFA, requiring registration and a tax stamp for legal ownership.


If we allow the government to arbitrarily reclassify items as mere accessories, where does it end? Today, it’s suppressors—tomorrow, it could be scopes, red dots, and magazines. Do you see where this is headed?


Write to the President and the Attorney General to express our dissatisfaction with the direction this is heading. Let them know we expect them to take action to stop this and uphold our Second Amendment rights.

The Office of Donald J. Trump: https://www.45office.com/

Attorney General Pam Bondi: https://www.justice.gov/contact-us


Contact me below about anything, comments on articles, questions you may have, etc. 


Hearing Protection Act Would Remove Suppressors From NFA!!

The Second Amendment of the United States Constitution stands as a cornerstone of our nation’s founding principles, guaranteeing the right of the people to keep and bear arms. This right is not merely a historical relic but a safeguard of individual freedom and a cornerstone of our national identity. However, in recent years, this constitutional protection has come under increasing scrutiny and threat, with legislative proposals aimed at imposing restrictions that many believe infringe upon this fundamental liberty. It is imperative for all of us who cherish our freedoms to take a stand and ensure that our voices are heard.

I urge every 2A supporter to contact their House or Senate representative and demand unwavering protection of our Second Amendment rights. Now is the time to remind our elected officials that the phrase “shall not be infringed” is not open to interpretation or compromise. By speaking out collectively, we send a clear message to our government: we will not tolerate any encroachment on the freedoms guaranteed to us by the Constitution. Together, we can preserve and protect this essential right for generations to come.


Below is a copy of both Bills so you can compare them.

SENATE BILLS-118s401is (English) PDF: DOWNLOAD

HOUSE BILLS-118hr152ih (English) PDF: DOWNLOAD


When you look at both of them they’re pretty much the same except for the House bill.

In the House bill sec 6, 1, B

If I could advocate for a change, it would be to allow the freedom to manufacture personal suppressors without the requirement for serialization, whether they are homemade or purchased.

Throughout much of U.S. history, there have been few restrictions on the personal manufacture of firearms for personal use. Historically, individuals were generally free to make firearms for themselves without legal barriers.

HERE ARE SOME OF THEM

During the time of the writing of the U.S. Constitution (1787) and the ratification of the Bill of Rights (1791), there were very few restrictions on firearm ownership or manufacture. The Second Amendment, ratified in 1791, explicitly stated, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” This reflected a cultural and practical necessity for firearm ownership during the era.

However, there were a few notable restrictions or practices related to arms regulation during this time:

1. Militia Service Requirements

  • Many states had laws requiring able-bodied men to own firearms for militia service. These laws mandated that individuals possess arms and ammunition in working condition, effectively making firearm ownership not just a right but an obligation for many.
  • For example, the Militia Act of 1792 required all free, able-bodied white male citizens aged 18 to 45 to equip themselves with a musket, ammunition, and other supplies for militia duty.

2. Class and Racial Restrictions

  • Some laws restricted firearm ownership for enslaved people and free Black individuals. For example:
    • Virginia (1640s onward): Laws prohibited enslaved people from owning firearms, and even free Black individuals often required special permissions.
    • Other colonies and states had similar restrictions aimed at maintaining control over marginalized populations.

3. Firearm Use in Public Spaces

  • Certain municipalities or colonies enacted laws to regulate the carrying or discharge of firearms in specific settings, such as within town limits or during public gatherings. These restrictions were often aimed at preventing accidents or maintaining public order, not disarming the populace.
  • For instance, some towns prohibited the firing of guns during celebrations or near public buildings.

4. Storage and Maintenance Requirements

  • In some places, laws required firearms to be properly maintained and stored to ensure they were available for militia use. This was less about restricting ownership and more about ensuring readiness.

5. Restrictions on Gunpowder

  • Many towns and cities had regulations on the storage and transportation of gunpowder due to the risk of fire and explosions. For example:
    • Boston (1720s): Laws limited how much gunpowder could be stored in homes and required it to be kept in designated storage facilities.

Notable Absence of Restrictions:

  • There were no federal or state laws restricting the manufacture of firearms for personal use, and individuals were free to make or modify their own weapons.
  • Serialization, background checks, licensing, and other modern regulatory mechanisms did not exist.

Summary

At the time of the Constitution’s writing, most restrictions related to firearms were tied to militia service, public safety, and social control (e.g., racial exclusions). There were no federal restrictions on personal firearm manufacture, and the prevailing attitude strongly supported widespread ownership and use of arms, both for individual self-defense and collective security.


I just emailed my congressman to express my support for this bill. I also suggested a change to remove Section 6, 1, B, as it restricts the ability to manufacture personal suppressors and requires serialization for purchased suppressors, which I believe should not be mandatory.

I encourage all 2A supporters to reach out to their House and Senate representatives and urge them to stand against any attempts to impose restrictions on our Second Amendment rights, which clearly state, “the right of the people to keep and bear Arms, shall not be infringed.” Let’s make our voices heard and protect our freedoms.


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