Will the Fifth Circuit Reverse Itself on Silencers? (Ft. Legal Commentator Gabriel Malor)

This week, we're looking into a bit of a Second Amendment legal mystery.

Recently, a Fifth Circuit panel ruled silencers aren't "arms" and, therefore, don't enjoy constitutional protections. But then the Department of Justice (DOJ) changed hands and changed its mind on the case. In response, the panel took the unusual step of withdrawing its opinion. But we don't know what it plans to do next.

That's why we've got federal litigator and legal commentator Gabriel Malor back on the show to give his view on what may be coming. A lot of other commentators and several gun-rights groups have taken the withdrawal as a strong sign the panel plans to reverse itself on whether silencers, often called suppressors, are arms. But Malor said that's unlikely to happen.

He noted the DOJ's new position in the case doesn't actually argue silencers are arms, just that they enjoy some level of Second Amendment protection. He also said the panel thoroughly considered the arms question in its initial opinion and is unlikely to reverse, given no new facts or arguments are being presented. Malor also pointed out the panel addressed the basic argument DOJ is now backing and found it lacking, though it spent comparatively little time on that part of the case in its initial opinion.

He said the panel is likely going to delve a bit deeper into the DOJ's new argument before returning the same basic ruling.

Special Guest: Gabriel Malor.