Any word on Texas HB 957, the one that proposes to exempt Texas made suppressors from the NFA?

[F-111 John]

IOW, Texas is assuming that the federal law (Is it actually a law, as opposed to a regulation? I'm not being snarky, I really don't know.) regulating suppressors is based on the interstate commerce clause. Does anyone here know whether there is documentation for this having been the legislative intent? Or if not, what was the stated rationale?

The National Firearms Act of 1934 is the law that applies to firearm silencers, as well as machine guns, short barreled rifles, and short barreled shotguns. The law is based on tax law, which is why you need to pay a $200 tax and receive a tax stamp.

https://www.loc.gov/law/help/statutes-at-large/73rd-congress/session-2/c73s2ch757.pdf

 

[dogtown tom]

The states declaring themselves 2A sanctuaries are not exempting themselves from federal law, they're saying they won't enforce new regulations, executive orders etc. The antis don't have the votes in Congress, especially the Senate, to pass actual new laws.

States don't enforce federal law, never have.

 

[dogtown tom]

The Texas-made suppressor law has been signed by Gov. Abbott:
https://www.breitbart.com/politics/...xas-made-suppressors-from-federal-regulation/

The text of H.B. 957 says, “A firearm suppressor that is manufactured in this state and remains in this state is not subject to federal law or federal regulation, including registration, under the authority of the United States Congress to regulate interstate commerce.”

IOW, Texas is assuming that the federal law (Is it actually a law, as opposed to a regulation? I'm not being snarky, I really don't know.) regulating suppressors is based on the interstate commerce clause. Does anyone here know whether there is documentation for this having been the legislative intent? Or if not, what was the stated rationale?

Supremacy Clause of the Constitution says federal law is supreme.
Commerce Clause? Be prepared for eighty years worth of USSC cases where merely affecting interstate commerce is enough for federal restriction.

It's political theater for constituents.

 

[old lady new shooter]

States don't enforce federal law, never have.

Correction, they will not cooperate with federal officials attempting to enforce any new regulations or executive orders.

 

[dogtown tom]

Fair warning, I am not a lawyer. Based on conversations at a local gun store, my understanding is that a 4473 will still have to be filled out. This puts the seller in a bind. Not a lot of sellers are going to get between the ATF and state law.

1. Silencers are defined in Federal law as a firearm.
2. The National Firearms Act of 1934 regulates commerce in silencers.
3. Any dealer who tries to sell/transfer a silencer without having an approved Form 4 (tax stamp) is an idiot. He'll lose his FFL. Spend thousands of $$$ on attorney fees and face federal charges.
4. State of Texas ain't going to pay his attorney fees or do a darned thing.
5. Kettler and Cox appealed all the way to the USSC .......who denied cert. They'll never own a gun again.

 

[Kevin Keith]

1. Silencers are defined in Federal law as a firearm.
2. The National Firearms Act of 1934 regulates commerce in silencers.
3. Any dealer who tries to sell/transfer a silencer without having an approved Form 4 (tax stamp) is an idiot. He'll lose his FFL. Spend thousands of $$$ on attorney fees and face federal charges.
4. State of Texas ain't going to pay his attorney fees or do a darned thing.
5. Kettler and Cox appealed all the way to the USSC .......who denied cert. They'll never own a gun again.

Then it's probably best just to sit back and enjoy the symbolism of the law instead of trying to buy a Texas made supressor without a tax stamp and paying $200. Small enough concession to avoid prison and keep your RKBA.

 

[dogtown tom]

Then it's probably best just to sit back and enjoy the symbolism.....

I wish I could sit back and enjoy. But, no, six emails and two phone calls since lunchtime asking "how can I buy a Texas silencer?" or "Hey have you heard? No more tax stamps"! .

The best thing about the Texas legislature? It only meets every two years.

 

[rabid wombat]

1. Silencers are defined in Federal law as a firearm.
2. The National Firearms Act of 1934 regulates commerce in silencers.
3. Any dealer who tries to sell/transfer a silencer without having an approved Form 4 (tax stamp) is an idiot. He'll lose his FFL. Spend thousands of $$$ on attorney fees and face federal charges.
4. State of Texas ain't going to pay his attorney fees or do a darned thing.
5. Kettler and Cox appealed all the way to the USSC .......who denied cert. They'll never own a gun again.

Hey @dogtown tom, I was speaking in addition to the other regulatory hurdles. I apologize if there is a mischaracterization….

 

[Elkins45]

I wish I could sit back and enjoy. But, no, six emails and two phone calls since lunchtime asking "how can I buy a Texas silencer?" or "Hey have you heard? No more tax stamps"! .

The best thing about the Texas legislature? It only meets every two years.

Look on the bright side: at least now you know who your dumbest customers are.

 

[dogtown tom]

Look on the bright side: at least now you know who your dumbest customers are.

I'm not blaming my customers, but the nitwit state legislators who pander to their constituents. They darn well know this law is dead in the water.

 

[Elkins45]

I'm not blaming my customers, but the nitwit state legislators who pander to their constituents. They darn well know this law is dead in the water.

I feel bad for the people who get taken in by it. 0% chance the people who passed this turd offer to do the time for them. Reddit is already full of “drill press go brrrrr” simpletons asking how soon they can buy a Texas silencer.

 

[CapnMac]

Reddit is already full of

This is a true statement no matter what the subject . . .

Now, the new law will strike all of the instances in Penal Code Title 10 Chapter 46 Weapons. I'm not finding refences to hunting in the present (before 01SEP21) Code. Lifting restrictions on hunting and mere possession are what have benefited other States taking this route of "de-legislating" silencers.

So, there's no longer a State level between the citizen and Federal.

 

[Speedo66]

The same people who say you don't have to pay Federal taxes if you declare yourself a sovereign state will be trying to buy these suppressors which "are not subject to Federal law".

With the same results, an all expense paid trip to the Graybar Hotel. "But I heard on the interweb I didn't have to....".

More political pandering to the masses.