Texas Exempting Suppressors From NFA Regulation
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- ArizonaShooting.org Bronze Supporter
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Texas Exempting Suppressors From NFA Regulation
This is an interesting development. Texas Senate has passed HB 957 that will exempt Texas-made suppressors from NFA regulation. I hope we see similar bills coming to other states.
https://www.thetruthaboutguns.com/texas ... egulation/
https://www.thetruthaboutguns.com/texas ... egulation/
Re: Texas Exempting Suppressors From NFA Regulation
that would be something
- DrEarlCordova
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Re: Texas Exempting Suppressors From NFA Regulation
That would almost entice me to move to Texas.
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- ArizonaShooting.org Bronze Supporter
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Re: Texas Exempting Suppressors From NFA Regulation
That was my first thought, but I'd rather try to bring the same thing to AZ.
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Re: Texas Exempting Suppressors From NFA Regulation
We did try this in AZ....passed it in 2010. https://www.azleg.gov/ars/13/03114.htm
It applies to "firearms, firearm accessory or ammunition". I'm sure a suppressor would be considered a firearm accessory. And yet, good luck walking into an FFL/SOT dealer and walking out with a suppressor made in AZ.
Want to see the ATF truly crack down on gun owners?
Kansas tried this. ATF arrested, and CONVICTED a group of people for this exact thing. SCOTUS refused to hear the case.
Federal will ALWAYS trump the State.
It applies to "firearms, firearm accessory or ammunition". I'm sure a suppressor would be considered a firearm accessory. And yet, good luck walking into an FFL/SOT dealer and walking out with a suppressor made in AZ.
Want to see the ATF truly crack down on gun owners?
Kansas tried this. ATF arrested, and CONVICTED a group of people for this exact thing. SCOTUS refused to hear the case.
Federal will ALWAYS trump the State.
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- ArizonaShooting.org Bronze Supporter
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Re: Texas Exempting Suppressors From NFA Regulation
Federal will USUALLY trump state. If an item is made in one state and sold there, without being involved in interstate commerce, Federal law has little jurisdiction. I have a friend who got into trouble as a youth and decades later ATF found him with an AR15. As it turns out the rifle was a Double D Law Enforcement lower, made here in Tucson. They kept the rifle but he couldn't be charged under Federal Law. I'm not certain that would apply to an NFA item but there is at least an argument to be made. I'm more inclined to think that if enough states enacted laws like this the FedGov might have to start paying attention. We are seeing a lot of political moves similar to things that happened before the civil war. The Feds didn't back down then either, but there are a lot more issues pissing off a lot more people this time around. Could be there will be a different outcome this time.QuietM4 wrote: ↑May 22nd, 2021, 9:18 pm We did try this in AZ....passed it in 2010. https://www.azleg.gov/ars/13/03114.htm
It applies to "firearms, firearm accessory or ammunition". I'm sure a suppressor would be considered a firearm accessory. And yet, good luck walking into an FFL/SOT dealer and walking out with a suppressor made in AZ.
Want to see the ATF truly crack down on gun owners?
Kansas tried this. ATF arrested, and CONVICTED a group of people for this exact thing. SCOTUS refused to hear the case.
Federal will ALWAYS trump the State.
- hairygreek
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Re: Texas Exempting Suppressors From NFA Regulation
Nice. Of course they didn't include full auto...QuietM4 wrote: ↑May 22nd, 2021, 9:18 pm We did try this in AZ....passed it in 2010. https://www.azleg.gov/ars/13/03114.htm
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Re: Texas Exempting Suppressors From NFA Regulation
The Supremacy Clause would say differently. There’s no such thing as a “little” jurisdiction. There either is or isn’t, and if there is, federal law always wins. From a practical standpoint, good luck producing anything today that doesn’t move across state lines at some stage of the production cycle.Cbvanb wrote: ↑May 23rd, 2021, 11:18 amFederal will USUALLY trump state. If an item is made in one state and sold there, without being involved in interstate commerce, Federal law has little jurisdiction. I have a friend who got into trouble as a youth and decades later ATF found him with an AR15. As it turns out the rifle was a Double D Law Enforcement lower, made here in Tucson. They kept the rifle but he couldn't be charged under Federal Law. I'm not certain that would apply to an NFA item but there is at least an argument to be made. I'm more inclined to think that if enough states enacted laws like this the FedGov might have to start paying attention. We are seeing a lot of political moves similar to things that happened before the civil war. The Feds didn't back down then either, but there are a lot more issues pissing off a lot more people this time around. Could be there will be a different outcome this time.QuietM4 wrote: ↑May 22nd, 2021, 9:18 pm We did try this in AZ....passed it in 2010. https://www.azleg.gov/ars/13/03114.htm
It applies to "firearms, firearm accessory or ammunition". I'm sure a suppressor would be considered a firearm accessory. And yet, good luck walking into an FFL/SOT dealer and walking out with a suppressor made in AZ.
Want to see the ATF truly crack down on gun owners?
Kansas tried this. ATF arrested, and CONVICTED a group of people for this exact thing. SCOTUS refused to hear the case.
Federal will ALWAYS trump the State.
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- ArizonaShooting.org Member
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Re: Texas Exempting Suppressors From NFA Regulation
Don't get excited. It's been a law for 11 years, and no one here can name one AZ manufacturer of firearms or ANY item covered by the law that is willing to let you walk out of their shop without completing a 4473.hairygreek wrote: ↑May 23rd, 2021, 4:43 pmNice. Of course they didn't include full auto...QuietM4 wrote: ↑May 22nd, 2021, 9:18 pm We did try this in AZ....passed it in 2010. https://www.azleg.gov/ars/13/03114.htm
Pistol braces have are now on the chopping block because people kept bothering ATF Tech Branch with stupid questions, such as dildos attached as pistol braces. After a few thousand stupid questions, the ATF is now cracking down. Stop poking the bear.
It's called a FEDERAL firearms license...not a state firearms license.
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- ArizonaShooting.org Member
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Re: Texas Exempting Suppressors From NFA Regulation
I'm guessing there is A LOT more to this story that you don't know. There is absolutely nothing stopping the ATF from prosecuting your friend. Fed's don't give a s*** about AZ law.
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Re: Texas Exempting Suppressors From NFA Regulation
No, I was involved in the case on a professional level. The ATF has a history of stretching the law, as do many federal agencies, but they did not in this instance, precisely because the gun could not be proven to have crossed state lines. A review of the authority claimed by federal agencies always comes back to interstate commerce. Absent that, you have a defense. I’m not claiming your win would be automatic, but a big reason the feds always get away with this stuff is echoed in some of the posts on this thread; people won’t fight back, or think it’s futile because the feds always win. That isn’t always true.
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Re: Texas Exempting Suppressors From NFA Regulation
The commerce clause hasn’t been that narrow since 1937.Cbvanb wrote: ↑May 23rd, 2021, 7:30 pmNo, I was involved in the case on a professional level. The ATF has a history of stretching the law, as do many federal agencies, but they did not in this instance, precisely because the gun could not be proven to have crossed state lines. A review of the authority claimed by federal agencies always comes back to interstate commerce. Absent that, you have a defense. I’m not claiming your win would be automatic, but a big reason the feds always get away with this stuff is echoed in some of the posts on this thread; people won’t fight back, or think it’s futile because the feds always win. That isn’t always true.
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Re: Texas Exempting Suppressors From NFA Regulation
I guess he just got lucky.TheAccountant wrote: ↑May 23rd, 2021, 9:13 pmThe commerce clause hasn’t been that narrow since 1937.Cbvanb wrote: ↑May 23rd, 2021, 7:30 pmNo, I was involved in the case on a professional level. The ATF has a history of stretching the law, as do many federal agencies, but they did not in this instance, precisely because the gun could not be proven to have crossed state lines. A review of the authority claimed by federal agencies always comes back to interstate commerce. Absent that, you have a defense. I’m not claiming your win would be automatic, but a big reason the feds always get away with this stuff is echoed in some of the posts on this thread; people won’t fight back, or think it’s futile because the feds always win. That isn’t always true.
- YNOTAZ
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Re: Texas Exempting Suppressors From NFA Regulation
The “commerce clause” establishes federal rule over everything. If a suppressor is made in Texas and stays in Texas, according to SCOTUS if congress decided that the suppressor displaced the sale of a suppressor made in Kentucky and shipped to Texas, the Fed has jurisdiction.
While I think this is absolute Phu#@%ery by the Fed.
If you read up on Wickard v. Filburn you will see what I mean. In short, a farmer grew wheat to feed his own animals. Not only did it not leave the state but it didn’t leave his property. The case went to SCOTUS who ruled he grew more wheat than allowed and affected the national trade in wheat.
In Swift v. USA SCOTUS said congress can rule on things that MIGHT grow to become part of interstate commerce.
I don't think anyone here has enough money to be the test case.
While I think this is absolute Phu#@%ery by the Fed.
If you read up on Wickard v. Filburn you will see what I mean. In short, a farmer grew wheat to feed his own animals. Not only did it not leave the state but it didn’t leave his property. The case went to SCOTUS who ruled he grew more wheat than allowed and affected the national trade in wheat.
In Swift v. USA SCOTUS said congress can rule on things that MIGHT grow to become part of interstate commerce.
I don't think anyone here has enough money to be the test case.