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The ASA’s March 2025 Suppressor Policy Update is live! This month has been a wild ride for the suppressor community—court battles, legislative moves, and even a major shift from the Trump administration. The big question at the heart of the matter: Are suppressors protected under the Second Amendment? They are in fact arms!

We break down the Fifth Circuit’s ruling against suppressors and our legal pushback, as well as the DOJ’s surprising decision to reevaluate its stance. Plus, VP JD Vance hits the range with a suppressor and we discuss the latest on NFA transfer times.
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Ave Maria School of Law Senior Fellow Mark Smith breaks down how the court's refusal to protect gun accessories is putting gun owners' safety and Second Amendment rights at risk.

“Five federal courts, including the usually conservative US Court of Appeals for the Fifth Circuit, have upheld restrictions on making or purchasing silencers for firearms since 2018. These decisions could greenlight gun-grabbing regulations across a variety of components—sights, optics, stocks, and trigger guards—needed for the full exercise of one’s right to bear arms.”

“US Supreme Court Justice Clarence Thomas once called the Second Amendment a ‘constitutional orphan,’ referring to lower courts consistently refusing to give it due deference as an enumerated right. Meanwhile, the Fifth Circuit in February joined four other courts in repeating the mistake Thomas identified in 2018 and left components essential to gun rights unprotected.”

“The Second Amendment must be read to protect guns themselves, as well as related items inherent to their safe and proficient use, such as noise suppressors.”
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ASA friend and legal expert Michael Faucette, explains why transparency and reform are needed to restore Americans' 2nd Amendment rights after four years of bias and abuse toward lawful gun owners. Mike is a partner at Wiley Rein, LLP in Washington, DC, as well as Executive Director, Firearms and Ammunition Import/Export Roundtable (F.A.I.R.) Trade Group.

“The latest attempt to undermine the administration is coming in the form of weak and fledgling attacks on President Trump’s pick for acting director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Kash Patel. It is the height of irony that this group of House Democrats would malign Patel as an “unqualified partisan” when President Biden’s choice for the agency, Steve Dettelbach, took unprecedented steps to weaponize the ATF against gun owners in order to push a dogmatic anti-firearm agenda…”

“Another administrative quagmire the ATF should address is the regulation of suppressors. There is a common misconception that background checks for NFA items such as suppressors—one of the most misunderstood safety devices in the world—are more exhaustive than those for traditional firearms. In reality, their background checks are identical. However, for NFA items, FBI is not held to the same three-day statutory limit that applies to Title I firearms like rifles, pistols, and shotguns. Thus, delayed NFA background checks are set aside by FBI examiners as a non-priority. This often results in extensive delays, simply because the FBI treats these identical background checks differently.”
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