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Active Self Protection Podcast

The Gutowski Files: 5th Circuit: Are Silencers Covered Under The 2nd Amendment?

Active Self Protection Podcast

John Correia and Mike Willever

True Crime

4.9542 Ratings

🗓️ 17 December 2025

⏱️ 27 minutes

🧾️ Download transcript

Summary

On this  installment of the Gutowski Files we sit down with investigative reporter Stephen Gutowski of thereload.com and discuss a recent update to a case in the 5th Circuit regarding an appeal in which the defendant is asserting that silencers are covered by the Second Amendment.


Active Self Protection exists to help good, sane, sober, moral, prudent people in all walks of life to more effectively protect themselves and their loved ones from criminal violence. On the ASP Podcast you will hear the true stories of life or death self defense encounters from the men and women that lived them. If you are interested in the Second Amendment, self defense and defensive firearms use, martial arts or the use of less lethal tools used in the real world to defend life and family, you will find this show riveting.  Join host and career federal agent Mike Willever as he talks to real life survivors and hear their stories in depth. You'll hear about these incidents and the self defenders from well before the encounter occurred on through the legal and emotional aftermath. Music: bensound.com

Transcript

Click on a timestamp to play from that location

0:00.0

Well, already, gang, welcome back yet again to the Katowski file, starring our very own, Stephen Katowski. Stephen is the editor, founder, president, chief janitor. What else you do over there? Over at the reload. The reload.com, check it out, link in the description. Steven, how are you, my friend? I'm doing all right. How are you doing? Not too bad. We'll talk a little sports talk, although the season's been terrible for my beloved Redskins football team commanders. They did manage Eke out to win over the other worst team in the NFC. And you guys, I think shut out. Could you shout out this week? No, one of the best teams in the world, the Los Angeles radio. I'm Brady- led Raiders. So we'll talk about that at the end.

0:55.0

Don't worry. Don't fast forward just yet. We'll skip back sports talk for the time being.

0:59.9

So this week we're going to talk about something that I perused the reload for something to talk about today.

1:06.9

And I was drawn to the member exclusive analysis piece that you wrote about the Fifth Circuit panel revising a ruling, but not just for the first time, but for the, I guess, it's the third total ruling or revision or second revision, third overall of this, of this Peterson case about silencers.

1:24.8

And my understanding is the root of the case is he had a silencer

1:28.8

that was not registered. So that was the charge against him and unregistered, you know, silencer, suppressor.

1:34.7

And he took that to court and challenged his conviction based on the idea that it is a protected,

1:41.9

not firearm, but it's protected under the Second Amendment.

1:44.8

And so we discussed this before we hit the record button, and I found a little confusing

1:48.0

because in my mind, where do you draw the line? What is and isn't protected by the Second Amendment?

1:53.3

What's necessary to the function of a gun? It's a really interesting question when you think about it.

1:57.1

Is a silencer necessary? No. Is it is a sling necessary? No, but it's nice to have.

2:05.0

You know, it sure helps out if you're hunting. Is a buttstock necessary to the functioning

2:09.1

with AR-15? Well, kind of. There's functional parts in the middle, but is, is a handguard

2:13.5

necessary? I think it begs the question. So where do you draw the line on what is or is not

2:19.5

protected by the Second Amendment? So talk to us about this case. I found this really interesting.

2:23.8

Yeah. I mean, it's, at the core, it all comes back to the idea of the right to keep and bear arms,

2:29.3

right? And so what are arms is the question? And then is there anything beyond that core keeping and bearing

2:37.3

that is also protected by the Second Amendment, right? You know, for instance, the right to use a

2:43.8

shooting range to practice. Is that protected by the Second Amendment, even though it's not

2:48.3

technically keeping or bearing maybe, you know, in the strictest

2:51.9

sense, or the right to buy firearms, the right to acquire them, is that part of the protected

...

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