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You are at:Home » Federal Silencer Laws Are Unconstitutional, Argues Fifth Circuit Brief in FPC-Backed Challenge to NFA
2nd Amendment

Federal Silencer Laws Are Unconstitutional, Argues Fifth Circuit Brief in FPC-Backed Challenge to NFA

Press RoomBy Press RoomJune 12, 2025No Comments3 Mins Read
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Federal Silencer Laws Are Unconstitutional, Argues Fifth Circuit Brief in FPC-Backed Challenge to NFA
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NEW ORLEANS (June 12, 2025) – Today, attorneys for George Peterson have filed a brief in the Fifth Circuit Court of Appeals responding to the federal government’s latest filing in United States v. George Peterson, an FPC-backed criminal case challenging the federal government’s regulation of suppressors through unconstitutional registration and taxation requirements. 

“The Government’s letter brief only underscores why this Court should rehear this case en banc, as the Government now admits that suppressors are protected by the plain text of the Second Amendment,” says Mr. Peterson’s brief. “And while the Government argues that application of the National Firearms Act’s (‘NFA’s’) taxation-and-registration scheme to suppressors nonetheless is consistent with the Second Amendment, its arguments lack merit.”

Ultimately, the brief argues, “as Heller and Bruen establish, all arms that are in common use for lawful purposes are protected, full stop. And applying that test, suppressors fit the bill.” FPC strongly agrees.

“The full Fifth Circuit already had every reason to rehear this important case. After the government’s latest brief it’s clear they absolutely must,” said FPC President Brandon Combs. “There is now no question or dispute that firearm suppressors are arms under the Second Amendment. As our brief shows, the NFA’s tax and registration regulations are unconstitutional, full stop. Americans like Mr. Peterson should not be criminally liable for doing exactly what the Constitution protects.”

“Our brief makes clear that the Fifth Circuit should reject the government’s latest attempt to avoid the Circuit’s full review of the government’s unconstitutional laws,” said FPC Action Foundation President and co-counsel for Mr. Peterson, Cody J. Wisniewski. “This important case should be reheard by the full Circuit to vacate the panel decision and make clear that the government’s regulation of suppressors under the NFA is repugnant to both the Constitution and binding Supreme Court precedent.”

Individuals who want to support FPC’s work to eliminate unconstitutional laws across the United States, including this critical Second Amendment case, can join the FPC Grassroots Army at JoinFPC.org.

The brief and other case documents in Peterson can be viewed at firearmspolicy.org/peterson. Mr. Peterson is represented by attorneys David H. Thompson, Peter A. Patterson, William V. Bergstrom, and Athanasia O. Livas of Cooper & Kirk as well as FPCAF’s Wisniewski.

About the Organizations

Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit membership organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. We work to achieve our strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs. Our FPC Law program is the nation’s preeminent legal action initiative focused on restoring the right to keep and bear arms throughout the United States. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, follow FPC on X (Twitter), Instagram, and Facebook.

FPC Action Foundation (FPCActionFoundation.org), a 501(c)(3) nonprofit organization, exists to create a world of maximal human liberty through charitable legal action, public policy, education, and research programs. Individuals who want to support this and other cases can make a tax-deductible donation to FPC Action Foundation here.



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