So much for intrastate silencers

[smithers599]

Summary: NFA applies to silencers that have not moved in interstate commerce, no matter what state law says.
The good news: only probate, no jail time.
The bad news: prohibited possessors for life. (And probably financial ruin.)

https://www.omahaoutdoors.com/blog/tenth-circuit-cans-unregistered-silencer-sales-suppresses-state-law/?fbclid=IwAR1sWQ8GGYuS_IbnAg9An2upoIgxbADiN7F0MExAPNrND_IF28rv5jimcW0

 

[QuietM4]

Duh. Anyone testing that law was just begging to be made an example of.

 

[smithers599]

When these laws were passed, the big question in my mind – and I’m sure others had the same thought as well – was not whether the federal government would choose to stomp on people who made unregistered silencers, SBRs, and machine guns while complying with these state laws, but how hard they would choose to stomp.

 

[338lapua]

They should keep appealing it all the way to the supreme court where it is hopefully overturned.

 

[QuietM4]

SCOTUS has historically (and recently with medical marijuana) upheld Federal law over state law...this won't change for suppressors.

 

[smithers599]

I think there may actually be a little hope for an appeal to the Supreme Court. If you read the article, you see that the defendants argued that their 2A rights were violated. The court responded to that by saying that a silencer is not an "arm," therefore the rights to keep and bear "arms" are not implicated. To that, the plaintiffs pointed out that the NFA defines a silencer as a "firearm," so by the government's own definition, a silencer is an "arm." To that, the court said -- nothing. They covered up their ears and pretended they didn't hear that.

The court also said that the silencer was not an "arm" because it was just a component of an arm. So then, how is a receiver an "arm"?

The court also said that short-barreled rifles were different from long-barreled rifles because making the barrel shorter makes the bullet more destructive. ORLY?

This whole train of thought could lead to the NFA being ruled unconstitutional.

There is plenty of room here for an appeal, if the defendants can find somebody to bankroll them.

 

[XJThrottle]

If the NFA was dissolved you wouldn't hear a single bitching peep out of me about the money I've already spent on stamps.