Why the Supreme Court May Have No Choice But to Take a Suppressor Case

Published on June 22, 2026
Duration: 11:22

This video analyzes the Fifth Circuit's ruling in United States v. COMO regarding suppressors and the Second Amendment. While the court affirmed that suppressors are 'arms' protected by the Second Amendment, the constitutional challenge to the NFA failed due to the 'shall-issue' licensing regime, referencing Bruin footnote 9. The discussion highlights a circuit split on the definition of 'arms' and suggests the Supreme Court may need to resolve this issue, particularly concerning the interpretation of Bruin footnote 9.

Quick Summary

The Fifth Circuit ruled in US v. COMO that suppressors are 'arms' protected by the Second Amendment. However, the NFA challenge failed due to the broad interpretation of Bruin footnote 9, which presumes 'shall-issue' licensing regimes are lawful. A circuit split exists, potentially leading the Supreme Court to take a case.

Chapters

  1. 00:00Introduction: Suppressor Case & Fifth Circuit Opinion
  2. 00:39What are Suppressors & the NFA?
  3. 00:57US v. COMO: Fifth Circuit Ruling Overview
  4. 01:36The Debate: Are Suppressors 'Arms'?
  5. 01:57Fifth Circuit: Suppressors are 'Arms'
  6. 02:10Circuit Split: Tenth, Fourth, and Ninth Circuits
  7. 02:51Why the Supreme Court May Take a Suppressor Case
  8. 03:15Bruin Footnote 9 & Shall-Issue Regimes
  9. 03:54Concurring Opinion: Over-Reading Bruin Footnote 9
  10. 04:49Abusive Use of Bruin Footnote 9
  11. 05:11Conclusion: Supreme Court's Role
  12. 05:17Case Link & Further Questions

Frequently Asked Questions

What was the Fifth Circuit's ruling in United States v. COMO regarding suppressors?

The Fifth Circuit ruled that suppressors are 'arms' and therefore protected by the Second Amendment. However, the constitutional challenge to the NFA failed because the defendant did not sufficiently rebut the presumption of lawfulness for the 'shall-issue' licensing regime, as interpreted through Bruin footnote 9.

Why is there a circuit split on whether suppressors are 'arms'?

Different federal circuit courts have reached conflicting conclusions. The Tenth, Fourth, and Ninth Circuits have previously held that suppressors are firearm accessories rather than 'arms' protected by the Second Amendment, while the Fifth Circuit in US v. COMO has now affirmed they are 'arms'.

How does Bruin footnote 9 affect challenges to firearm regulations like the NFA?

Bruin footnote 9, intended to clarify that 'shall-issue' licensing regimes are not automatically unconstitutional, has been broadly interpreted by some courts to create a presumption of constitutionality for such regimes, making it difficult to challenge them as applied.

Could the Supreme Court be forced to rule on suppressor rights?

Yes, the existence of a circuit split on whether suppressors are 'arms' and the ongoing debate over the interpretation of Bruin footnote 9 make it likely that the Supreme Court will need to take a suppressor case to provide a definitive ruling.

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