Buckeye Reporter

The National Rifle Association (NRA), American Suppressor Association, and Independence Institute have submitted an amicus brief to the Fifth Circuit Court of Appeals, calling for a rehearing en banc in a case challenging the federal registration mandate for firearm suppressors.

The case centers on George Peterson, who was indicted under 26 U.S.C. §§ 5841, 5861(d), and 5871 for possessing an unregistered suppressor. Peterson contends that the National Firearms Act’s requirement to register suppressors infringes upon Second Amendment rights.

On August 27, 2025, a three-judge panel from the Fifth Circuit upheld the registration requirement. The court likened these requirements to licensing schemes and referenced prior Supreme Court decisions indicating that “shall-issue” carry licensing systems can be constitutional. Based on this reasoning, the panel found that registration requirements for specific arms could also be considered constitutional. The panel did not apply the Second Amendment challenge test established in NYSRPA v. Bruen, a Supreme Court decision seen as significant by gun rights advocates.

The amicus brief argues that the full court should rehear the case because “the panel decision contradicts Supreme Court case law and sets a troubling precedent.” According to the brief: “By upholding the registration requirement for suppressors while assuming they are protected arms, the decision implies that the government may require the registration of all arms — and without needing to satisfy the Supreme Court’s test for Second Amendment challenges.” The brief cites historical examples from England, Germany, France, Australia, and New York City to suggest that firearm registration has sometimes led to confiscation and increased government control. It concludes: “A regulation with such serious constitutional implications... must be subject to the Supreme Court’s Second Amendment test.”

The brief was filed in United States v. Peterson.

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