Is there any new anti-supressor legislation pending???


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Acera
July 31, 2010, 11:43 AM
I just got off the phone with a buddy and he told me that his primary FFL (non-Class 3 dealer) told him they are moving to make suppressors illegal.

The dealer mentioned that he had just bought three new ones for his personal use, and was advising his customers to do the same, quickly. This has caused a slight get it now or never panic with my friend and his family. Interesting since this dealer has zero financial incentive.

I doubt that this is a state issue, as we all live in Texas, but has anyone else heard about this?? My search does not turn up anything useful.

BTW the dealer is AJC Sports in Lake Jackson, Texas.


Thanks,

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RhinoDefense
July 31, 2010, 01:34 PM
Don't buy the panic. The NFA community is so far under the radar they are leaving it alone. I think your dealer is just trying to move old inventory.

PTK
July 31, 2010, 02:44 PM
Same sky-is-falling-buy-now salesman BS. 03 dealers really ought to know better.

crushbup
July 31, 2010, 04:07 PM
If they were "moving to make suppressors illegal," it wouldn't matter when you buy it. That said, this is the sort of thing that some dealers seem to do when they're bored.

Bubbles
July 31, 2010, 07:20 PM
The only bills involving suppressors that I know of pending before any legislature right now is one in Washington state, which legalizes their use. Currently in Washington state you can own them, you just can't use them.

GoingQuiet
July 31, 2010, 10:43 PM
I roll my eyes and sigh at this EVERYTIME something like this gets said.

This is salesmongering at best, perpetuating insanity at worst.

Ranb
August 1, 2010, 03:25 AM
For what it is worth, silencers are already illegal in Texas. Sec. 46.05. PROHIBITED WEAPONS

However registration with the feds is an affirmative defense to prosecution (but not arrest). I wonder what any bill in Texas would say to change this as the ATF routinely approves transfer of silencers for civilians in Texas.

Ranb

mrnkc130
August 1, 2010, 04:44 AM
PC 46.05. PROHIBITED WEAPONS. (a) A person commits an
offense if he intentionally or knowingly possesses, manufactures,
transports, repairs, or sells:
(1) an explosive weapon;
(2) a machine gun;
(3) a short-barrel firearm;
(4) a firearm silencer;
(5) a switchblade knife;
(6) knuckles;
(7) armor-piercing ammunition;
(8) a chemical dispensing device; or
(9) a zip gun.
(b) It is a defense to prosecution under this section that the actor's
conduct was incidental to the performance of official duty by the armed
forces or national guard, a governmental law enforcement agency, or a
correctional facility.
(c) It is a defense to prosecution under this section that the actor's
possession was pursuant to registration pursuant to the National Firearms
Act, as amended.

everything NFA is illegal in Texas if not registered pursuant to the national firearms act....But i've never heard of it being an issue. Do you have any examples of people being arrested for legally owned NFA weapons?

Not that I don't believe you, I have heard this said before. Would be interesting if we could find a case of this. Or are there any Texas LEO's on here that know anything about it?

GoingQuiet
August 1, 2010, 05:23 PM
I've heard over the internet of a few cases of cops doing a traffic stop and OH MY GOD YOU HAVE A MACHINEGUN THOSE ARE ILLEGAL YOU ARE UNDER ARREST.

After sanity steps in and a few dozen "Wow, I didn't even know that" utterances the fellow was released.

Acera
August 7, 2010, 05:55 PM
OK, I have had a conversation with my buddy again, and filled him in on what you guys have said.

His response was that I had understood he meant might have different. He had a further conversation with another man, and it's that the feds are going to raise the cost of the stamp so high only a few can afford it, effectively stopping all trade in this stuff.

His number was $5K per stamp.

Trying to figure out if anyone else has heard this?

Thanks,

Ranb
August 7, 2010, 06:34 PM
If he does not have a bill number, then he does not have jack. Ask him if there is any beef (bill number) to this story.

Ranb

Acera
August 7, 2010, 06:44 PM
If he does not have a bill number, then he does not have jack. Ask him if there is any beef (bill number) to this story.

How would that matter? They can raise a tax rate at will right??

Ranb
August 7, 2010, 09:42 PM
Nope. The tax rates were set by law back in 1934. It needs an amendment to the law passed by Congress to change it. It is not like the drug law called the Uniform Controlled Substances Act which can ban a drug merely by adding it to one of its schedules.

But I am surprised (and pleased) that the rate has not been changed to keep pace with inflation.

Ranb

Acera
August 7, 2010, 11:47 PM
tks,


(But are you sure it ain't somewhere in that ^&$% health care bill?:banghead:
)

TexasRifleman
August 7, 2010, 11:53 PM
Do you have any examples of people being arrested for legally owned NFA weapons?

Not that I don't believe you, I have heard this said before. Would be interesting if we could find a case of this. Or are there any Texas LEO's on here that know anything about it?



In 1984 I was stopped for speeding by a DPS trooper and I had over 200 NFA firearms in the van. An NFA dealer friend of mine and I were going to a machine gun shoot near Boerne.

The Trooper said "You have got to be kidding me...can I see some paperwork please?"

Handed him a 3 ring binder full of tax stamps, he looked at about 3 pages, handed it back and said "Slow down".... Didn't even get a warning ticket :)

From the practical side the only time I can imagine LE arresting for it is if the tax stamp can't be produced on the spot. Now technically of course you don't have to have the tax stamp with the firearm, but without it the LEO might feel like he has to arrest you and let you prove the firearm is legal later. I keep a photocopy of all my tax stamp forms in my range bag when I have one with me.

He had a further conversation with another man, and it's that the feds are going to raise the cost of the stamp so high only a few can afford it, effectively stopping all trade in this stuff.

His number was $5K per stamp.

There is a real danger to their side with them fooling with NFA. Any changes might open up a reason to take it before the Supremes more than already exists. I suspect they know that. And yes, it would take an act of Congress to raise the tax stamp cost.

Nothing would surprise me anymore, but for now there is nothing like that pending.

Ranb
August 8, 2010, 07:55 AM
But are you sure it ain't somewhere in that ^&$% health care bill?

I'm not sure what bill you are talking about, but if you are referring to the Health Care and Education Reconciliation Act of 2010 or the Patient Protection and Affordable Care Act, they are no longer bills, they are laws passed by Congress and signed by the president. Had they raised the NFA tax, we would be getting our forms mailed back to us requesting the proper amount.

Ranb

Bubbles
August 8, 2010, 02:13 PM
(But are you sure it ain't somewhere in that ^&$% health care bill?)

AFAIK there is nothing NFA-related in that bill. There is plenty that relates to gun owners who decide to sell or consign a firearm with a dealer starting in 2012.

Acera
August 9, 2010, 12:34 AM
Guys the health care bill comment was meant as a joke. It is applying a tool to us in every other way.:cuss:

Ranb
August 9, 2010, 12:57 AM
Can't be too sure these days. Heck there are some people on this forum that try to convince us that silencers are already (or always have been) illegal. :)

Ranb

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