CRPA is supporting a lawsuit challenging California’s ban on suppressors, Sanchez v. Bonta. The lawsuit, started by a pro se litigant and is now in the Ninth Circuit will decide the critical question of whether suppressors are “arms” and thus subject to the full historical analysis laid out in Heller and Bruen. This case has far-reaching implications to several other cases that CRPA has been fighting in the courts for years.
Sanchez’s lawsuit started because he wanted to create and use a 3D-printed suppressor, so he applied for federal authorization to do so, but was denied because suppressors are illegal in California. He filed suit, but the district court dismissed the complaint with prejudice, erroneously concluding that suppressors are not “arms” protected by the Second Amendment because they are not themselves weapons, nor are they essential to the operation of a firearm.
Sanchez appealed, and after a briefing was completed, on February 3, the Ninth Circuit issued an order stating that it was inclined to appoint counsel to represent Sanchez in his appeal and set a new briefing schedule. This is a somewhat unusual move, and strongly indicates the panel is looking to make this a precedential decision. We reached out to Sanchez to offer our assistance because of the broader implications that a case like this could have on the rights of all gun owners in the state.
As a result, CRPA’s lawyers at Michel & Associates will be joining Sanchez’s new legal team and will work to prepare a new briefing alongside lawyers with the law firm of Cooper & Kirk. While it is always an uphill battle in the Ninth Circuit, we are excited for the opportunity to establish that suppressors are undoubtedly arms subject to the Second Amendment’s protection and bring these vital safety instruments one step closer to legality in California.
Why just California?
How about New York state and all the other Fascist Scum ™ states, along with Cali?
They are way further ahead on such a challenge and depending on how it plays out may end up being national before we get past federal district. Sorta like how we are further along with the sensitive location issues in our process. Sucks but the 9th covers a lot of commie territory whereas we have 3 states. With that said also sets the stage for a future circuit split if it goes the expected path.
Historical Analogies Confirm Gun Control is an Agenda Rooted in Racism and Genocide. And that makes Gun Control a serious threat to Freedom. Therefore common sense says “arms” being a right of the people and necessary for a free state encompass anything and everything.
No thank you we need relevant issues.
Agreed, Geoff, but CA is a juggernaut and taking down Newsollini’s gun control treehouse will go a long way. If the domino falls here, more may easily fall elsewhere as a result.
Each state has its own laws, and those laws must be challenged in each state. A combined case doesn’t work because of jurisdictional issues. Ultimately it comes down to a Supreme Court decree, such as the Heller, MacDonald and Bruen cases were, to have application nationwide..
Yup just getting it there in a relevant timeline that is the tricky part. Cool that multiple circuits are already started to get a trickle of these cases though.
5th just ruled supressors are not 2A protected and not ‘firearms’
Odd timing that huh?
WTF?? If they aren’t firearms, nor alcohol, nor tobacco, nor explosives, AFT has no authority to regulate.
It isn’t the ATF that these cases are concerned with, but individual state laws banning sale or possession. Federal law already permits that as long as there is compliance with the various applicable regulations.
“…erroneously concluding that suppressors are not “arms” protected by the Second Amendment because they are not themselves weapons, nor are they essential to the operation of a firearm.”
On March 30, 1939, the Supreme Court heard the case. Attorneys for the United States argued four points:
1. The NFA is intended as a revenue-collecting measure and so is within the authority of the Department of the Treasury.
2. The defendants transported the shotgun from Oklahoma to Arkansas and so used it in interstate commerce.
3. The Second Amendment protects only the ownership of military-type weapons appropriate for use in an organized militia.
4. The “double barrel 12-gauge Stevens shotgun having a barrel less than 18 inches in length, bearing identification number 76230,” was never used in any militia organization.
The Court cannot take judicial notice that a shotgun having a barrel less than 18 inches long has today any reasonable relation to the preservation or efficiency of a well regulated militia, and therefore cannot say that the Second Amendment guarantees to the citizen the right to keep and bear such a weapon.
In the absence of any evidence tending to show that possession or use of a “shotgun having a barrel of less than eighteen inches in length” at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument. Certainly it is not within judicial notice that this weapon is any part of the ordinary military equipment, or that its use could contribute to the common defense.
It would seem that automatic rifles, submachine guns, belt feds, electric marlin guns, et al are legal. Why is this not challenged in court?
From completely non-partisan perspective, Is it “arms”?
While I hope we win, Ultimately in the supremes cause no way do we win in the 9th, I’m really not sure it is.
Its not integral to the function of the firearm, as a scope, stock, et al would be. Its more of a safety item, id think. It protects the hearing, the way a barrel shroud protects the hand from burns.
I could honestly see an impartial court (if such a thing exists) going either way on this.
They seem to be “firearms” according to the federal government when applying the NFA.
Agreed, but if they get removed from the NFA, as people are trying to do, wouldn’t that put the issue in doubt.
like I say, I want them, I live in CA so when I go shooting I look like a Aircraft Marshaller at an airport with the ridiculously oversized ear pro often with earplugs underneath. Id much rather go with just some simple electronic in ear protection and a suppressor.
I just wonder what the courts will think
if suppressors are not ‘firearms’…then there’s no need for a serial #, FFL + background check, Form 4, $200 tax, and they can come off the NFA immediately, right?
This case does not address the federal law, only state law. But you do raise an interesting question. All we can say is that they are regulated on the federal level under a statute passed amending the 1936 Act. Perhaps an argument can/should be made that they must be arms because they are defined and regulated as firearms.
Aha, good point sir! that’s why i’m no lawyer! my comment was mostly sarcastic, attempting to convey my disgust at how laws get twisted and interpreted to the benefit of certain people…”now it’s a firearm, now it’s not”…etc etc. i hope Sanchez wins!
The Silent Gun.
I was real disappointed when I tried one out.
I wanted a pfffft just like on the movies.
All the one I used did was make a 5.56 sound like a .380.
Shot spotter would still be able to spot my shots so what’s the big deal about silencers?
The Court That Just Struck Down Illinois’ FOID Card.
h ttps://www.youtube.com/watch?v=800iUc7JrDU
FOID CARD Ruled UNCONSTITUIONAL! Now What? People of Illinois v. Vivian Brown.
h ttps://www.youtube.com/watch?v=4lhp6CaCMtQ
Open carry, concealed carry, and Stupid carry:
Man Robbed Carrying Gun In Back Pocket, Then Shot Trying To Get It Back.
(Colion) : “A man lost his life because three criminals targeted him carrying his gun in his back pocket—and he never even saw it coming. This is exactly why open carry and poor concealment can be dangerous.
Not To mention, someone is watching you when you step into a gas station. If your shirt rides up or your gun prints through your clothing, that’s all it takes for the wrong people to mark you as a target.
These guys saw his firearm, waited for the right moment, and snatched it right off him. And when he tried to get it back? They shot him—likely with his own gun.
This is why I stopped carrying at 3 o’clock. When your gun is behind you or at your side, you don’t always know what’s happening with it. With appendix carry, I always know if my gun is printing, if my shirt is covering it, or if it’s at risk of being exposed. It’s faster, it’s more secure, and it keeps me in control.
Carrying a gun isn’t just about having one—it’s about protecting it. Because criminals aren’t afraid of your gun. They’re looking for an opportunity to steal it and use it against you.
And here’s the most important part: if someone takes your gun, do not chase them.
The moment it leaves your hands, it’s not yours anymore. Don’t try to reason with them, don’t track them down—just get to safety.
This man made the mistake of going after them, and it cost him.
Gas stations are hunting grounds for criminals looking to catch people off guard. Stay alert.”
h ttps://www.youtube.com/watch?v=p8km6Z2Wa58
Bill Introduced To STOP BANK CODES FROM TRACKING GUN PURCHASES!
h ttps://www.youtube.com/watch?v=poFTM1InMvI
ATF (really DOJ) FINALLY STARTS PAUSING 2A CASES.
President Trump’s Department of Justice files motion requesting a pause in a major US court of Appeals case. Mark Smith Four Boxes Diner discusses…
h ttps://www.youtube.com/watch?v=xMGA5358NhQ
BREAKING NEWS: Trump Executive Order Leads Bondi & DOJ To Ask For DELAY Of Pistol Brace Case.
h ttps://www.youtube.com/watch?v=WuZzHw8lk_A
In the on-going left wing and democrat open rebellion and insurrection; Bureaucrats’ Plot To Undermine Trump In 2020 Election Shows More People Need To Be Fired.
“As more details emerge about the deep state’s coordinated efforts to undermine President Donald Trump during the 2020 election, it’s clear that not only is Trump right to overhaul our bloated bureaucracy, but that more federal employees need to be shown the door.
…”
h ttps://thefederalist.com/2025/02/11/bureaucrats-plot-to-undermine-trump-in-2020-election-shows-more-people-need-to-be-fired/
Trump has won 3 elections for the oval office. Treason occurred in the second election.
Over 12 hours and nobody tried to correct you out of some butthurt denial of logic……..those funding cuts are brutal.
I have no hope for a solid and energetic case now that Michel is lead plaintiffs counsel – if you recall he’s the NRA worm that went to 9A and argued that the State of California had the right to ban open carry.