Silencer Saturday #439: America 250 And Legal News -

Good afternoon, everyone, and welcome back to TFB’s Silencer Saturday, brought to you by Yankee Hill Machine, manufacturers of the new Victra 20-gauge shotgun suppressor. This week, we are checking in on some interesting lawsuit updates. And I am taking some editorial liberty to talk about the 250th anniversary of the United States.

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Disclaimer: This is not legal advice. Do not take any action or refrain from any action based on this information. Seek competent legal counsel admitted to practice in your state if you need to make a decision involving these issues. I am not your attorney.

America 250

As an American, a lawyer, a public servant in my day job, and a writer whose column will run on July 4th, 2026, it seems appropriate to say something about the significance of this day. Two hundred and fifty years ago, the Founding Fathers set out on an uncharted course to see if they could build something new. The idea of these United States, that the people could choose to be governed by the rule of law rather than a king, and that the function of law was to protect the rights of the individual, was a bold departure from the norms of that time.

Through wars and peace, good times and dark times, unity and division, that idea has persisted. Not perfectly, and not without its share of upheavals and uneven application. But it remains at the core of what it means to be an American, just as it was for our ancestors. My 4th-great-grandfather came to the United States from Norway and became a sheriff in rural Utah in the days of the old West outlaws. When he received the news that his citizenship was finalized, and although he was then 76 years old, he rode into town and back, a journey of 50 miles, that same day because he was so proud to finally be an American.

While we remain far from perfect as a society, we Americans each have the opportunity, and even duty, to do our best to keep that dream alive. Whether that means you become the town mayor like our own Adam Scepaniak did (TFB’s motto is Guns Not Politics, and while we don’t take sides in political matters and elections, we are downright proud of him), or help judge the science fair at the local middle school, serving our neighbors in our communities reinforces the best parts of what our nation is supposed to be. None of us can do it all alone, but if we each just try, we can safeguard these ideals into the future. So whether you are an American or not, I invite you to find ways to serve in your communities and live out these ideals, because it really is that simple to live up to some of the best parts of what it is to be an American.

Silencers Headed To SCOTUS?

Switching gears, two decisions at the Circuit Court level set up a potential future silencer lawsuit at the Supreme Court. In the federal court system, districts are the local trial courts. Appeals of decisions in those trial courts move up to a circuit, which handles the appeals generated in a handful of states. Appeals of those decisions end up in the Supreme Court.

But not just any case can go to the Supreme Court. Some cases, like those involving ambassadors or where states are suing one another, can go directly to SCOTUS. Appeals from the circuit courts are also entertained when circuits decide the same issue differently. The general theory there is that an issue that is complex enough to make two sets of your best judges come down on opposite sides is probably an issue that the Supreme Court should consider. These circuit splits are not an automatic ticket to SCOTUS, though. These cases must still seek certiorari, and SCOTUS must grant it, but a circuit split makes it far more likely for a case to be heard.

Two recent decisions in circuit courts have created a split on the issue of silencers. From the 5th Circuit (Texas, Louisiana, and Mississippi), we have the case United States v. Comeaux. This case stems from an arrest for possession of an unserialized and unregistered silencer. The defendant in this case alleged that 26 U.S. Code § 5861(d), which makes it illegal to possess an unregistered NFA item, violates the Second Amendment. The relevant part of this decision states simply, “Silencers are ‘Arms.’”

From the 9th Circuit (Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam, and the Northern Mariana Islands), we have the case United States v. DeBorba. This case also dealt with an unregistered silencer, but this time it was possessed by someone in the country illegally and subject to a restraining order. In reaching the various conclusions necessary to resolve this case, the court held that silencers are “accoutrements” rather than arms.

Both courts ultimately arrived at the same conclusion, that the defendant had not successfully beaten their cases. But this disagreement on whether or not silencers are arms sets up a new opportunity for the Supreme Court to weigh in on one of the core post-Bruen issues: Is the current NFA regulatory structure for silencers correct under that decision? We will have to wait and see if this ultimately gets its day in court.

A Shipping Dispute

This matter is a more run-of-the-mill contract dispute, but it highlights some of the unique challenges of operating a business in this space. Silencer Central is suing FedEx over an agreement to be the delivery provider for direct-to-consumer silencer deliveries. ( 4:25-CV-04196 in the District of South Dakota). In short, FedEx pursued a deal with Silencer Central to handle deliveries. After the deal was made and Silencer Central was using FedEx exclusively, FedEx backed out and dropped Silencer Central because the shipments were going to consumers rather than FFLs.

The particular arguments in this case are not interesting to most (or possibly all) of the readership for this column, but the short version is that FedEx was not successful in its motion to dismiss the case entirely. They did trim off one of the claims, but the other two will go forward. This case may settle, or it may go all the way to trial. But it is most interesting here because it highlights the difficulties in operating in the firearm space. If Silencer Central sold metal tubes or car mufflers, this set of facts and ensuing lawsuit would not have happened. When guns and silencers are involved, things can get messy with outside companies that are not really part of the gun industry.

Thanks for joining us this week. We will see you back here next week for more. Also, if you are going to use fireworks today, be careful! Fingers are hard to replace.