ASA-F AND LAW FIRM OF COOPER & KIRK SUPPORT APPEAL IN US V. PETERSON
From The Federalist Society interview with ASA’s General Counsel, Michael Williams:
In February 2025, the Fifth Circuit issued an opinion in United States v. Peterson, ruling that suppressors were not “firearms” and thus not subject to Second Amendment protection.
George Peterson was the proprietor of PDW Solutions, LLC, a firearm business that he operated in part out of his home. In summer of 2022, as part of an ongoing Bureau of Alcohol, Tobacco, and Firearms (ATF) investigation, a search warrant was executed at his home. Among the items discovered was an unregistered suppressor. Peterson was indicted for possession of the unregistered suppressor under the National Firearms Act (NFA). He filed a motion to dismiss on the grounds that the NFA’s registration framework violated the Second Amendment and that the search by the ATF violated the Fourth Amendment so the evidence obtained thereby should be suppressed.
The district court in the Eastern District of Louisiana denied both motions. Peterson appealed and the Fifth Circuit heard argument on December 4, 2024. On February 6, 2025, it issued a decision affirming the lower court’s denial. However, the DOJ has intervened and as of June 17, 2025, the court has withdrawn its previous opinion in the case.
ASA-F WILL FIGHT UNTIL EVERY SUPPRESSOR BAN IS OVERTURNED!
1. SUPPRESSOR BANS ARE UNCONSTITUTIONAL
There has never been a Federal ban on suppressors, but there are currently 8 states where their possession is prohibited. Each of these state bans is a violation of the Constitution.
2. THE SECOND AMENDMENT PROTECTS YOUR RIGHT TO HAVE SUPPRESSORS
Suppressors have been classified as firearms since 1934. As such, they are bearable arms and must be afforded the same Constitutional protections by the Second Amendment as firearms.
3. ASA-F WILL FIGHT UNTIL EVERY SUPPRESSOR BAN IS OVERTURNED
Suppressors are legal to own in 42 states. California, Delaware, Hawaii, Illinois, Massachusetts, New Jersey, New York, and Rhode Island are the 8 states that ban suppressors. The lawsuit challenging the ban in Illinois is the first of its kind, but it will not be the last!
CASE STATUS
US V. PETERSON
US District Court - Eastern District of Louisiana
Case #24-30043
Latest Action: 6/17/2025
Action: 5th Circuit Court of Appeals Withdraws Original Opinion
On June 17, 2025, the 5th Circuit Court of Appeals withdrew their opinion on the case — an unprecedented move by the court which is exceedingly rare.
ASA-F is a 501(c)(3) educational nonprofit that was formed to help educate the public on the realities and merits of suppressors.
ASA-F will fight until every suppressor ban is overturned
There are currently 8 states where suppressor ownership and possession are banned.
ASA-F and Silencer Shop have partnered to help sue Illinois
The ASA-F and Silencer Shop backed lawsuit is the first step of many to overturn the unconstitutional bans on suppressors.
ASA-F will back lawsuits in additional states
The lawsuit in Illinois is the first ASA-F backed suit of its kind. It will not be the last. ASA-F will continue until every suppressor ban is overturned!
Winning in court will end the threat of suppressor bans
In 2023, legislators in Virginia and New Mexico tried to ban suppressors. Winning in court will ultimately ensure that suppressor bans are never on the table again!
About the ASA Foundation
The American Suppressor Association Foundation (ASA-F) is a 501(c)(3) educational nonprofit organization. Formed to educate the public on the realities and merits of suppressors, ASA-F stands at the forefront of pro-suppressor Constitutional litigation.
The ability of the American Suppressor Association Foundation to educate and litigate for your Constitutional rights is tied directly to our ability to fundraise. For more information on how you can help, visit www.Suppressor.org.
