Silencers Aren't "Arms" Protected by Second Amendment, Fourth Circuit Holds
From U.S. v. Saleem, decided today by Judges J. Harvie Wilkinson, Steven Agee, and Allison Rushing:
The Supreme Court in Heller defined “arms” as “any thing that a man wears for his defence, or takes into his hands, or useth in wrath to cast at or strike another.” Therefore, “the Second Amendment extends … to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.” While a silencer may be a firearm accessory, it is not a “bearable arm” that is capable of casting a bullet.
Moreover, while silencers may serve a safety purpose to dampen sounds and protect the hearing of a firearm user or nearby bystanders, it fails to serve a core purpose in the arm’s function. A firearm will still be useful and functional without a silencer attached, and a silencer is not a key item for the arm’s upkeep and use like cleaning materials and bullets. Thus, a silencer does not fall within the scope of the Second Amendment’s protection.
Julia K. Wood represents the government.
The post Silencers Aren’t “Arms” Protected by Second Amendment, Fourth Circuit Holds appeared first on Reason.com.
Source: https://reason.com/volokh/2024/12/12/silencers-arent-arms-protected-by-second-amendment-fourth-circuit-holds/
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