DOJ Says Silencers Are NOT Protected By The 2nd Amendment?

Published on March 18, 2025
Duration: 7:32

This video discusses the ongoing legal battle concerning whether suppressors (silencers) are protected under the Second Amendment. The Biden Department of Justice is arguing that suppressors are not firearms, and therefore not covered by the Second Amendment, a stance previously held by the Trump administration's DOJ. The content aims to educate viewers on the nuances of firearms law and encourage engagement.

Quick Summary

The Biden Department of Justice argues that suppressors are not firearms, and therefore not protected by the Second Amendment. This stance is being reargued at an appellate level, despite federal law historically defining suppressors as part of firearms.

Chapters

  1. 00:12Ongoing Case About Silencers
  2. 00:31DOJ Argues Silencers Not Firearms
  3. 01:13US Law Firearm Definition
  4. 01:47Regulating Items Like Firearms
  5. 03:11Trump DOJ Argument on Silencers
  6. 03:41Second Amendment Restoration Focus
  7. 06:01Increasing Knowledge of Firearms Law

Frequently Asked Questions

What is the US Department of Justice's current argument regarding silencers and the Second Amendment?

The Biden Department of Justice is arguing that suppressors are not firearms, and therefore, they are not protected by the Second Amendment. This legal position is being reargued at a different appellate level.

How has US federal law defined firearms, particularly concerning suppressors?

Following the Gun Control Act of 1934, federal law has changed its definition of a firearm multiple times. However, suppressors have consistently been defined as part of the definition of a firearm under these laws.

Why is the government seeking to exclude silencers from Second Amendment protection?

The primary reason the government wants to exclude silencers from Second Amendment protection is to pave the way for their potential ban. If they are not considered protected 'arms,' it becomes easier to regulate or prohibit them.

Did the Trump administration's DOJ hold the same view on silencers as the Biden administration's DOJ?

Yes, the Department of Justice under President Trump was arguing the same position as the current Department of Justice under President Biden, stating that suppressors are not firearms and thus not covered by the Second Amendment.

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