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United States v. Peterson
24-30043
5th Cir.
Aug 27, 2025
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Background

  • 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)
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Case Details

Case Name: United States v. Peterson
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Aug 27, 2025
Citation: 24-30043
Docket Number: 24-30043
Court Abbreviation: 5th Cir.