In this this brief, we point out how the lower courts use methodological landmines to bypass Supreme Court precedent. And with 3.5M+ silencers in common use, the NFA's registration scheme is wholly unconstitutional, invalid, and should be struck down.
George Peterson, a licensed firearms dealer in Louisiana, was charged under the National Firearms Act for possessing an unregistered suppressor found during an ATF search of his home/business in 2022.
He argued the NFA's registration and tax requirements violate the Second Amendment. The district court denied his motion to dismiss. He entered a conditional guilty plea, was sentenced to 24 months, and appealed.
The Fifth Circuit (2025) affirmed, ruling that suppressors are not "arms" protected by the Second Amendment. They are accessories, not weapons. So the NFA restrictions do not implicate or violate the right to keep and bear arms.
