Third Circuit affirms that machine guns fall outside Second Amendment protection and upholds silencer registration

In U.S. v. Berger, the Third Circuit concluded that the Second Amendment’s scope is limited to arms commonly possessed for lawful self-defense, excluding machine guns that are deemed dangerous and unusual. The panel cited the historical tradition of prohibiting such weapons, referencing Heller and the Bruen two-step test. It further determined that the National Firearms Act’s requirement that silencers be registered, taxed and marked meets the “shall-issue” standard and does not constitute an unconstitutional infringement.

The judges noted that the registration process involves clear, objective criteria without discretionary denial or excessive fees. Government counsel Robert A. Zauzmer and Anthony J. Carissimi defended the statutes, while the court affirmed Berger’s conviction and sentence. Judge Cindy Chung highlighted a procedural nuance but ultimately joined the judgment.