The Gun Silencer Debate: Health, Rights, & the Fight Against Outdated Laws ~ Deep Dive

This Deep Dive is based on the excellent scholarly article “Incomparable Burden — The (Un)constitutionality of State Silencer Restrictions” by Yang Liu, which was published in association with the Firearms Research Center.

Firearm suppressors, commonly known as silencers, are devices attached to the muzzle of a firearm to reduce the noise and muzzle flash generated upon firing.

Despite common misconceptions, suppressors do not render gunshots inaudible but can significantly lower the decibel level, thereby protecting the shooter’s hearing and reducing noise pollution.​

Silencers & State Laws

In the United States, the regulation of suppressors varies by state. While federal law, through the National Firearms Act (NFA) of 1934, mandates registration and a tax for suppressor ownership, some states impose additional restrictions or outright bans. States such as California, Delaware, Hawaii, Illinois, Massachusetts, New Jersey, New York, Rhode Island, and the District of Columbia prohibit civilian possession of suppressors. Conversely, many states have recognized the benefits of suppressors and have relaxed regulations in recent years, aligning with a broader legislative trend acknowledging both health benefits and Second Amendment rights.​

The health advantages of suppressor use are notable. Firearms often produce noise levels exceeding 140 decibels, the threshold beyond which permanent hearing damage can occur. Suppressors can reduce these levels significantly, mitigating the risk of noise-induced hearing loss. Traditional hearing protection devices, such as earplugs, may not always provide adequate protection due to improper fit or usage and can impede communication and situational awareness. Suppressors address these issues by reducing the sound at its source, offering a more effective solution for hearing protection.​

It’s Constitutional

From a constitutional perspective, the debate over suppressor regulations intersects with interpretations of the Second Amendment, which protects the right to keep and bear arms.

The U.S. Supreme Court’s decision in District of Columbia v. Heller (2008) affirmed an individual’s right to possess firearms for lawful purposes, such as self-defense within the home. However, the Court also acknowledged that this right is not unlimited and that certain longstanding prohibitions and regulations are permissible. The classification of suppressors as “arms” protected under the Second Amendment or as accessories subject to regulation remains a contentious legal question. Some argue that suppressors, by enhancing the safe and effective use of firearms, should be encompassed within the Second Amendment’s protections. Others contend that they are accessories that can be regulated without infringing upon constitutional rights.​

There has been a discernible shift in public perception and legislative action regarding suppressors in recent years. Advocacy groups, like the American Suppressor Association, have emphasized the health and safety benefits of suppressor use, which has led to reevaluating restrictive laws in several states. This evolving landscape reflects a growing recognition of the need to balance public safety concerns with individual rights and health considerations.​

Back at the Range

The regulation of firearm suppressors in the United States is a complex issue that encompasses public health, legal interpretations of the Second Amendment, and evolving legislative trends. As more states reconsider their stances on suppressor ownership and use, it is essential to engage in informed discussions that consider both individuals’ rights and society’s collective well-being.

For an even deeper dive into the legal and historical context of suppressor regulations, be sure to read the full article “Incomparable Burden — The (Un)constitutionality of State Silencer Restrictions“ by Yang Liu at the Firearms Research Center.

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