
Fifth Circuit Backs Suppressor Conviction as Tenth Circuit Questions Gun Ban for Marijuana Users
The U.S. Court of Appeals for the Fifth Circuit has affirmed the conviction of Texas resident George Peterson for possessing an unregistered homemade firearm suppressor, ruling that the National Firearms Act’s registration and tax requirements impose only a “modest burden” on Second Amendment rights. In United States v. Peterson, the three-judge panel accepted the Justice Department’s argument that, although suppressors qualify as protected “arms,” the 1934 statute’s paperwork and $200 tax do not amount to an unconstitutional infringement. On the same day, the Tenth Circuit signaled a different approach to firearms regulation, holding that federal prosecutions of marijuana users for gun possession may violate the Constitution if the government cannot show the individuals pose a future danger. In United States v. Harrison, the Denver-based court reversed a lower-court dismissal of charges against Oklahoma resident Jared Harrison but required prosecutors to justify disarming non-intoxicated cannabis users, casting new doubt on the breadth of 18 U.S.C. §922(g)(3). The contrasting opinions deepen a growing circuit split over how far modern gun controls can reach after the Supreme Court’s 2022 Bruen decision, increasing the likelihood that the high court will be asked to clarify the limits of federal firearms laws.
Sources
- Gun Owners of America
FACT: The Second Amendment protects gun owners from ALL burdens and infringements on the right to keep and bear arms—"modest" or not. We're ready to tell the government what they can do with their burdens.💪That's why we're suing to end the National Firearms Act. https://t.co/V3UPYr1Vw3
- Gun Owners of America
Hey, @TheJusticeDept can you tell us how this is a "modest burden?" ❌Passport-style photos ❌Fingerprints ❌Address ❌Demographics ❌Firearm info ❌Long waiting periods These are the hoops gun owners must jump through to get a suppressor & you call it a MODEST burden?! https://t.co/jh6lcHGc1a https://t.co/1MkfjxPMDN
- Gun Owners of America
The fact that the 5th Circuit assumes suppressors are "arms," but then turns right around & licks @ATFHQ's boots to uphold NFA's tax & paperwork trap is insane! Now, George Peterson rots in jail for a DIY silencer. It's time to burn the red tape! 🔥 https://t.co/k2ehBCZCKg https://t.co/1MkfjxQktl
Additional media



