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Silencers In Idaho

Discussion in 'NFA Firearms and Accessories' started by A_Matthew, Jul 23, 2011.

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  1. A_Matthew

    A_Matthew Member

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    I just heard from a friend that a law was passed in Idaho a few weeks ago that silencers can be made and used in Idaho without the $200 tax stamp!

    Anybody heard anything about this?
     
  2. Aaron Baker

    Aaron Baker Member

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    Google "Firearms Freedom Act"

    A number of states have passed these. However, the Federal government does not recognize the validity of these laws, so you'll still go to Federal prison while it all shakes out.

    Aaron
     
  3. colt1911fan

    colt1911fan Member

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    interesting
     
  4. A_Matthew

    A_Matthew Member

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    Found this link:

    http://firearmsfreedomact.com/

    I looked at the Idaho bill HB589, and what I gathered was this: if your gun was made in Idaho, it is then exempt from government law. (As long as it is stamped with "Made In Idaho" on the side.) So what would your limitations be with such a gun? Could you SBR it, put a can on it, etc etc etc...
     
  5. Dr_B

    Dr_B member

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    It would be fun to get one. I live in Idaho, but I haven't heard about this.
     
  6. A_Matthew

    A_Matthew Member

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    Another question. I built an AK recently from a Romanian parts kit. I built the receiver for it, so would the gun qualify as "Made in Idaho" since the receiver was made in Idaho?
     
  7. colt1911fan

    colt1911fan Member

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    The way I read the bill was that every part had to be made in the state. But most people aren't going to If the parts were made in Idaho on a lathe in somebody garage or cranked out by some com bloc country. Just stamp every part "MADE IN IDAHO" :D not to many people are gonna know the difference.
     
  8. A_Matthew

    A_Matthew Member

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    I just went back and re-read the bill and it made a lot more sense the second and third time I read it. (Guess it took a while to sink in.:)) So if I made a sound suppressor, stamped it with "Made in Idaho", I could use it on any gun I want (as long as it stayed in Idaho) without registering it. But Aaron Baker was claiming that the government doesn't recognize the law, so you would basically be doing it at your own risk. Is that correct?
     
  9. Aaron Baker

    Aaron Baker Member

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    At the risk of seeming like a jerk, that's not accurate. It would be more accurate to say that the Idaho legislature has passed a law that SAYS that guns made in Idaho are exempt from Federal law.

    That doesn't make it true. Firearms laws are FEDERAL laws. (At least the relevant ones here.) The Idaho legislature can pass a law saying that Federal law doesn't apply, but unless the Federal government agrees (and believe me, it doesn't) then you're going to end up in jail, on trial in Federal District Court, for serious firearms-related federal charges. They carry a lot of jail time.

    It's pretty similar to the situation with marijuana. California has legalized medical marijuana, but marijuana is still completely illegal on the federal level. Obama's administration has decided not to enforce federal law against California medical dispensaries, but the previous administration used to have the DEA raid medical dispensaries all the time.

    Until the US Supreme Court rules in favor of a state that has passed a Firearms Freedom Act, or until the current administration instructs the ATF to stop enforcing federal law in those states, it isn't safe to just go about making your own suppressors or SBRs based on state law.

    For the record, I think that the 10th Amendment argument is a decent one, and that products produced entirely in-state for in-state consumption shouldn't be subject to Federal law under the interstate commerce clause, but like seven decades of constitutional law disagree with that position. It's a reality that we all have to deal with.

    Aaron
     
    Last edited: Jul 23, 2011
  10. Sam1911

    Sam1911 Moderator

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    Aaron is spot-on, here.

    IF you follow the law very precisely, then you may do very well setting yourself up as the first test case. It will cost a lot of money, and you'll be charged with a major federal felony for the ~10 years it will probably take for the case to make its way up through the courts to be heard by SCOTUS. But if you play your cards right, we all might know you as the next "Heller" or "MacDonald."

    'Course, if you don't want to spend any time in federal jail, or with your future freedom hanging in the balance of a series of high-pressure court cases for most of the next decade, maybe you don't want to push it.
     
  11. BleysAhrens

    BleysAhrens Member

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    That would be so cool if we could...the Prescott Ruger is just 10 miles away from me..
     
  12. A_Matthew

    A_Matthew Member

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    Hmm, I guess that it is better safe than sorry.

    Thanks guys for all the info. This really helped me out.

    Anybody have any idea when the bill will be approved by the feds? And if/when it is approved, how would I find out?
     
  13. Sam1911

    Sam1911 Moderator

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    Seriously? It won't be. It is completely counter to the prevailing federal government view of what constitutes appropriate federal jurisdiction. Until and unless someone does become a test case and has good enough lawyers and enough money backing the case to push it all the way to the US Supreme Court -- AND if the Court agrees to hear the case (not at all guaranteed) -- AND IF by that date the make-up of the Court is such that a majority of the sitting justices feel that the powers the federal government claims (mostly under the guise of the Commerce Clause) are too extensive ... which would be a MAJOR reversal of more than a century of precedent ... THEN this law would have a chance of being federally recognized.

    Of course, there would have to be 5-10 more years of challenge cases and such to really settle things. So, maybe 20 years from now, if everything goes our way.

    The states that have passed these are doing so primarily as a way to send a "bold" (though sadly ineffectual) message to the federals that they want less federal oversight. But they don't have any way to actually enforce that.

    Perhaps some governor someday really will send his state guard to the border to tell a caravan of FBI or ATF agents that they cannot enter the state ... well, stranger things have happened, I guess.
     
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