FPC Lawsuit Update: Fifth Circuit Withdraws Flawed Suppressor Decision in FPC-Backed Challenge to NFA

Firearms Policy Coalition (FPC) announced that the Fifth Circuit Court of Appeals has withdrawn the flawed 3-judge panel opinion in United States v. George Peterson, an FPC-backed criminal case challenging the federal government’s regulation of suppressors through unconstitutional registration and taxation requirements.

“It’s clear that the Fifth Circuit is taking another look at this important issue in light of the excellent arguments our attorneys have made in Mr. Peterson’s appeal,” said FPC President Brandon Combs. “We hope the full Fifth Circuit will now rehear the case and confirm that suppressors are protected arms under the Second Amendment. Read more

Federal Silencer Laws Unconstitutional, Argues Fifth Circuit Brief in FPC-Backed Challenge to NFA

Attorneys for George Peterson have filed a brief in the Fifth Circuit Court of Appeals responding to the federal government’s latest filing in United States v. George Peterson, an FPC-backed criminal case challenging the federal government’s regulation of suppressors through unconstitutional registration and taxation requirements.

“The Government’s letter brief only underscores why this Court should rehear this case en banc, as the Government now admits that suppressors are protected by the plain text of the Second Amendment,” says Mr. Peterson’s brief. “And while the Government argues that application of the National Firearms Act’s (‘NFA’s’) taxation-and-registration scheme to suppressors nonetheless is consistent with the Second Amendment, its arguments lack merit.”

Ultimately, the brief argues, “as Heller and Bruen establish, all arms that are in common use for lawful purposes are protected, full stop. And applying that test, suppressors fit the bill.” FPC strongly agrees. Read more

Nonviolent Felons Have Second Amendment Rights, 2A Groups Argue in SCOTUS Brief

WASHINGTON, D.C. – Today, Firearms Policy Coalition (FPC) announced the filing of an important Supreme Court brief in the case of Melynda Vincent v. Attorney General Pam Bondi, a challenge to the federal lifetime ban on the exercise of the right to keep and bear arms for nonviolent felons. FPC is joined by FPC Action Foundation (FPCAF), the National Rifle Association of America (NRA), and the Second Amendment Foundation (SAF) as parties to the brief, authored by attorneys Joseph G.S. Greenlee and Erin M. Erhardt of NRA’s Institute for Legislative Action.

An “analysis of the nation’s historical tradition of firearm regulation shows that there is no tradition that supports disarming peaceable persons” like Vincent, the brief argues. Indeed, it goes on, “[h]istorically, no individual was disarmed because the law he violated was classified as a felony. Moreover, upon completing their sentences, offenders not only had full access to their Second Amendment protected rights, but able-bodied males were required to keep and bear arms under the state and federal militia acts.”

“This powerful brief highlights why the Supreme Court should take up this case and settle this issue once and for all by holding that non-violent people cannot be disarmed for life,” said FPC President Brandon Combs. Read more

FPC Urges U.S. Senate to ‘Hold the Line,’ Pass Suppressor Reforms

WASHINGTON, D.C. – Today, Firearms Policy Coalition (FPC) urged the U.S. Senate to hold the line and pass President Trump’s “One Big Beautiful Bill Act” with the legislation’s current suppressor reforms intact.

Late last month, the House of Representatives passed the Act with three important provisions relating to suppressors, one removing the vital hearing protection devices from the extreme regulations of the National Firearms Act (NFA) and two others zeroing out the currently-required additional taxes for making or transferring the safety devices.

Notably, research by the Centers for Disease Control and Prevention (CDC) shows that “[t]he only potentially effective noise control method to reduce students’ or instructors’ noise exposure from gunfire is through the use of noise suppressors that can be attached to the end of the gun barrel.” The CDC’s conclusion has been affirmed by many other health experts, not to mention real-world experience. In fact, late last year, the American Academy of Otolaryngology-Head and Neck Surgery endorsed “the use of firearm suppressors as an effective method of reducing the risk of hearing loss, especially when used in conjunction with conventional hearing protective measures.” Read more

SAF Files Brief in Illinois Assault Weapons Ban Lawsuit

BELLEVUE, Wash. —— The Second Amendment Foundation (SAF) and its partners have filed their brief with the Seventh Circuit Court of Appeals in SAF’s challenge to Illinois’ assault weapons and magazine capacity bans.

SAF is joined in Harrel v. Raoul by the Illinois State Rifle Association, Firearms Policy Coalition, C4 Gun Store, Marengo Guns and Dane Harrel, for whom the lawsuit is named.

The case challenges the constitutionality of the Illinois assault weapons and magazine capacity bans, on the grounds that both modern semiautomatic rifles, and the standard capacity magazines that feed them, are overwhelmingly in common use for lawful purposes, including self-defense. Twice now, the District Court has agreed and ruled in SAF’s favor, first in granting a preliminary injunction, and then on the merits on remand. With a full trial record now before it, the Seventh Circuit has a second opportunity to properly apply the Heller/Bruen test and leave these Illinois statutes in the wastebin of history. Read more

FPC: Appeals Court Should Uphold 2A Victory Over Illinois “Assault Weapon”, Magazine Bans

CHICAGO – Today, Firearms Policy Coalition (FPC) asked the Seventh Circuit Court of Appeals to uphold its critical victory over the Illinois “Protect Illinois Communities Act” (PICA) gun control regulations, which bans so-called “assault weapons” and “large capacity” magazines. FPC’s brief says that the “question presented by this case is whether the Second Amendment allows Illinois to ban the best-selling rifle in America and its standard magazine. The answer,” FPC argues, “is no.”

“We were glad but unsurprised that the district court ruled PICA unconstitutional after development and review of an extensive trial record. The Seventh Circuit should apply the Supreme Court’s straightforward test and uphold our victory in this case,” said FPC President Brandon Combs. Read more

NRA-ILA Petitions SCOTUS to Hear Challenge to NFA Restrictions on Short-Barreled Rifles

Friday, the National Rifle Association Institute for Legislative Action (NRA-ILA) filed a Petition for Certiorari requesting that the U.S. Supreme Court hear a challenge to the National Firearms Act of 1934’s restrictions on short-barreled rifles in a case named Rush v. United States.

The NFA imposes tax and registration requirements on any rifle having a barrel shorter than 16 inches. A violation is punishable by up to 10 years’ imprisonment and a fine of up to $250,000, in addition to the forfeiture of the rifle. The Petition requests that the Supreme Court hear the case and hold the regulations unconstitutional.

“The National Firearms Act imposes burdens on law-abiding gun owners that have no grounding in the text, history, or tradition of the Second Amendment,” said Doug Hamlin, NRA Executive Vice President & CEO. “The Second Amendment guarantees the right of Americans to own commonly used firearms—including short-barreled rifles—without government interference, and we’re hopeful that the Supreme Court will use this opportunity to reaffirm that right.” Read more

NRA Partners in Lawsuit Demanding “Red Flag” Public Hearing

The National Rifle Association of America (NRA) announced it will be partnering with the Sportsman’s Alliance of Maine and Gun Owners of Maine in a legal challenge against Maine lawmakers who are blocking a statutorily mandated public hearing on the 2025 “Red Flag” Referendum question. Under Maine law, all ballot initiatives require a public hearing, unless 2/3 of both chambers vote to forego the process. To date, no such vote has occurred, and Democrat Judiciary Chair Senator Anne Carney continues to block the required hearing.

John Commerford, Executive Director of the NRA Institute for Legislative Action (NRA-ILA), released the following statement announcing the legal action: “Progressive Portland politicians are forcing taxpayers to foot the bill to defend their unlawful efforts to silence the voices of Maine gun owners. The NRA is proud to join the Sportsman’s Alliance of Maine and Gun Owners of Maine in a legal challenge demanding a statutorily mandated public hearing on Michael Bloomberg’s radical ‘Red Flag’ referendum. To Speaker Fecteau, Senate President Daughtry, and Chair Carney, our message is simple: we will see you in court.”

NSSF Celebrates Unanimous SCOTUS Decision in Smith & Wesson v. Estados Unidos Mexicanos

WASHINGTON, D.C. — NSSF®, The Firearm Industry Trade Association, celebrates the U.S. Supreme Court’s unanimous 9-0 decision that the Protection of Lawful Commerce in Arms Act (PCLAA) bars Mexico’s claims that firearm manufacturers “aided and abetted” illegal firearms trafficking to narco-terrorist drug cartels in Mexico.

“This is a tremendous victory for the firearm industry and the rule of law. For too long, gun control activists have attempted to twist basic tort law to malign the highly-regulated U.S. firearm industry with the criminal actions of violent organized crime, both here in the United States and abroad,” said NSSF’s Lawrence G. Keane, Senior Vice President and General Counsel. “The firearm industry is sympathetic to plight of those in Mexico who are victims of rampant and uncontrolled violence at the hands of narco-terrorist drug cartels. The firearm industry works closely with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to prevent the illegal straw purchasing of firearms and the illegal transnational smuggling of firearms. This unequivocal decision by the Supreme Court that PLCAA applies and there is no evidence whatsoever that U.S. manufacturers are in any way responsible is verification of commitment to responsible firearm ownership.”

The Court wrote in the unanimous decision, “Recall that Congress enacted the statute to halt a flurry of lawsuits attempting to make gun manufacturers pay for the downstream harms resulting from misuse of their products. Read more

Trio of 2A Organizations Ask Fifth Circuit to Affirm in Federal Machine Gun Ban Challenge

NEW ORLEANS – Today, Firearms Policy Coalition (FPC) announced the filing of an important legal brief urging the Fifth Circuit Court of Appeals to uphold a lower court’s decision dismissing the government’s case against someone charged with violating the federal ban on machine guns, ultimately holding that the ban cannot pass muster under the Second Amendment. FPC joined FPC Action Foundation (FPCAF) and the National Rifle Association of America (NRA) as parties to the brief.

Heller already explored the relevant history and found that the only way to ban possession of a firearm is by demonstrating that it is ‘dangerous and unusual’ and therefore unprotected by the Second Amendment,” the brief explains. “Because the government did not demonstrate that machineguns are unusual it has not met its burden.”

“The Fifth Circuit should fully and faithfully apply the Supreme Court’s controlling Second Amendment test. The government did not meet its burden in this case, and the district court’s dismissal should be affirmed,” said FPC President Brandon Combs.

“The weapons at issue here are unquestionably bearable ‘arms,’ so the Court must perform the required historical inquiry. At that point, the relevant question is if machineguns are in common use for lawful purposes today,” explained attorney and FPCAF President Cody J. Wisniewski. “We hope the Fifth Circuit will consider the relevant history and affirm the district court’s decision.” Read more

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