Silencers: Fifth Circuit Gives Trump Opportunity to act on Silencers/Gun Mufflers

Interesting things are happening in the Fifth Circuit case involving silencers, USA v Peterson. A three judge panel ruled that silencers were not “arms” as defined by the text of the Second Amendment. Peterson and his attorneys have asked the case be reheard in an en banc review. The Fifth Circuit has been reasonably diligent in its Second Amendment cases, so an en banc (review by the whole court) has a good chance of reversing the three judge panel. The Peterson case appears to be seriously considered by the Fifth Circuit. The court has sent a request to the parties involved to send a response on to the Appellant’s Petition. The request for response was sent on March 7, 2025.

The Trump Administration issued a executive order to the Department of Justice (DOJ) headed by Attorney General Pam Bondi to present a plan to review all legal actions and regulations affecting rights protected by the Second Amendment. The plan is due by March 10th. The Fifth Circuit request is a golden opportunity for the DOJ to present a clear and effective response in the USA v. Peterson case. In the case, the US Attorney made the claim that silencers were not arms covered by the text of the Second Amendment. This is what was used by the three judge panel to claim silencers are not protected arms. The Trump administration could easily reverse the claim and state silencer are clearly arms protected by the Second Amendment. The US Attorney’s office for the Eastern District of Louisiana has until the 17 of March to send its response to the Fifth Circuit.

The Assistant US Attorney assigned to this case is David Berman. His history is makes him an unlikely Second Amendment advocate. He spent time in venues hostile to the Second Amendment before coming to Louisiana. He was a Law clerk for the US District court in Massachusetts, then a year and a month in Louisiana, then in the District of Columbia for a year and seven months; then in the Greater New York City Area for  two years and eleven months; then in the Southern District of California for one year and eight months, then back to Louisiana as an Assistant United States Attorney for the Eastern District of Louisiana. His law degree is from the University of Oxford, in Oxfordshire, England. He appears to be an up and coming, talented and ambitious attorney. As a skilled attorney, he should be able to argue either side of a case.

The Department of Justice  oversees the Executive Office for United States Attorneys. The Attorney General could issue instructions on the official position of the Executive branch to the Eastern District of Louisiana. An executive order has been issued by President Trump. This is a clear situation to show execution of his order.  Silencers are the weakest part of the National Firearms Act. They should never have been banned with excessive taxes and regulations. They should be protected under the text of the Second Amendment. The Bruen and Caetano decisions make this clear.

We should know what the position of the administration is on this issue by the 17th of March, but it is possible the US Attorney could ask for time to study the issue further.

©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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