Since the passage of the One Big Beautiful Bill last year removed the $200 tax on suppressors, short-barreled rifles (SBRs), short-barreled shotguns (SBSs), and firearms classified as “any other weapons,” the National Firearms Act (NFA) is basically a tax law without taxes. That’s why at least three lawsuits have been filed in different courts across the nation challenging the remainder of the law.
One such case, Peterson v. United States, could be headed to the U.S. Supreme Court after the 5th Circuit Court of Appeals ruled that “firearm accessories” such as suppressors are not protected by the Second Amendment. And the Firearms Policy Coalition (FPC) has thrown its whole-hearted support behind the plaintiffs, who, on March 9, filed a petition for certiorari with the high court.
At issue is George Peterson’s arrest and conviction for possessing an unregistered suppressor. A ruling by the Supreme Court in Peterson’s favor would overturn his conviction and restore the right of peaceable people to possess suppressors without submitting to unconstitutional taxes and registration schemes.
“It cannot seriously be maintained that in declaring that ‘the right to keep and bear arms . . . shall not be infringed,’ the Framers and ratifiers of the Bill of Rights understood the Government to be authorized to maintain a registry that would facilitate the very infringements that the Second Amendment was meant to prohibit.” the petition argues. “Yet that is what the 5th Circuit held in this case, albeit only by misconstruing the National Firearms Act’s taxation-and-registration regime as a shall-issue-licensing law.”
Ultimately, the plaintiffs want the Supreme Court to take the case and examine the circuit court’s flawed opinion.
“In light of the breadth and gravity of the 5th Circuit’s error, there is no reason for delay and every reason for this Court to grant review,” the petition concluded. “For the foregoing reasons, the Court should grant certiorari or, in the alternative and at a minimum, grant and summarily vacate the Fifth Circuit’s manifestly erroneous decision.”
FPC President Brandon Combs said his organization is all-in on getting the Supreme Court to hear the critical case.
“FPC is proud to back this important Supreme Court petition challenging the federal government’s immoral and unconstitutional NFA registration-and-tax regime,” Combs said in a news release announcing the filing. “Forcing people to pay special taxes on constitutionally protected rights and register their firearms is precisely the kind of tyranny our Founders rejected.”
As Combs explained, the 5th Circuit wrongly rebranded the federal registry and tax as a mere “licensing” system to dodge the Supreme Court’s binding Second Amendment cases.
“The Court should take this case and make clear that the government can’t treat the Second Amendment like a second-class right, especially not through a federally imposed tax and registration scheme,” Combs concluded. “We will keep supporting Mr. Peterson’s case and continue our work to eliminate these unconstitutional laws for all peaceable people across the United States.”
