United States v. Peterson
24-30043
5th Cir.Aug 27, 2025Background
- George Peterson operated a firearm business from his home in Louisiana and was investigated by the ATF for regulatory violations related to firearm sales and business representation.
- A search warrant was issued and executed at Peterson's home and business by federal and state officers, leading to the discovery of an unregistered, homemade firearm suppressor.
- Peterson was indicted under the National Firearms Act (NFA) for possession of an unregistered suppressor.
- He filed pretrial motions to dismiss the indictment (arguing the NFA violated his Second Amendment rights) and to suppress evidence (arguing the search violated the Fourth Amendment).
- The district court denied both motions; Peterson entered a conditional guilty plea to preserve these issues for appeal.
- On appeal, Peterson argued the NFA's registration scheme was unconstitutional as applied to suppressors and that evidence from the ATF search should have been suppressed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of NFA suppressor-registration | NFA's licensing scheme constitutional under Bruen | NFA violates Second Amendment as applied to suppressors | NFA is presumptively constitutional; Peterson's as-applied challenge failed |
| Suppression of evidence from home/business search | Good-faith exception to exclusionary rule bars suppression | Search warrant lacked probable cause; evidence should be suppressed | Good-faith exception applies; suppression denied |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (recognizes Second Amendment right but notes it is not unlimited)
- New York State Rifle & Pistol Ass'n v. Bruen, 597 U.S. 1 (articulates test and presumption for shall-issue firearm licensing regimes)
- United States v. Sibley, 448 F.3d 754 (explains good-faith exception to the exclusionary rule)
- United States v. Craig, 861 F.2d 818 (issuance of a warrant by magistrate judge establishes officer good-faith)
- United States v. Phillips, 645 F.3d 859 (as-applied challenges are confined to facts of the case)
