Thoughts on HB 957, regarding suppressors?

[NTexas_V-Star]

If I understood it correctly, and suppressor built in Texas, that doesn't leave Texas, will no longer be subject to Federal regulations.

I believe it will have to be stamped as such, "Made In Texas" or something like that.

[bird_dog0347]

Great way to end up in jail, the ATF can still come arrest you and charge you under federal law. This only means that TX (state/local) will not enforce it for the feds, but there were a couple of guys in Kansas that did the same thing after KS passed the law like this, they are still in jail.

[NTexas_V-Star]

Originally Posted by bird_dog0347

Great way to end up in jail, the ATF can still come arrest you and charge you under federal law. This only means that TX (state/local) will not enforce it for the feds, but there were a couple of guys in Kansas that did the same thing after KS passed the law like this, they are still in jail.

No shit? That's wild. I think I'll wait and see what happens, if anything makes the news.

My knee-jerk reaction was "fuck yes, I'm going to suppress everything I have"

But I figured there would be some precedent to still being able to end up in some trouble.

[bird_dog0347]

Federal law still is in place and enforceable, it super cedes state laws and as such this new law doesn't mean shit. It just means the state of TX is giving the finger to the Feds and joining a few other states that have done this, presumably to lay the groundwork to fight it at the federal level.

That said, you can still build your own suppressor, just make sure you file a form 1 and do it legally. It's an extra $200 per can, but cheaper than going to jail.

[Grimpala]

Same situation as pot, legal in CO, et al. still illegal federally. It's all in how/when the feds choose to enforce it.

[Trip McNeely]

Wouldn't you have to be conducting interstate travel, on federal property or something to that matter for it to be enforced federally? That's how I thought it worked with marijuana. You can have it in your state if its legal in your state unless you are breaking a law at a federal level such as being on federal property or interstate travel, etc. I believe that's how they busted a bunch of people for marijuana in states like Colorado. They thought it was legal and then they were busted at the airport. (Federal Property)

[svauto-erotic855]

Originally Posted by Trip McNeely

Wouldn't you have to be conducting interstate travel, on federal property or something to that matter for it to be enforced federally? That's how I thought it worked with marijuana. You can have it in your state if its legal in your state unless you are breaking a law at a federal level such as being on federal property or interstate travel, etc. I believe that's how they busted a bunch of people for marijuana in states like Colorado. They thought it was legal and then they were busted at the airport. (Federal Property)

From the feds point of view if you make your own suppressor that also affects interstate commerce because you would have otherwise bought one on the open market and engaged in interstate commerce when doing so. There is not a single thing that you can do that doesn't meet the definition of engaging in interstate commerce as far as the feds are concerned. They have twisted the interstate commerce clause into a pretzel in an effort to expand their power. The original purpose of the interstate commerce clause was to prevent trade wars and border tariffs between the states; nothing more and nothing less. The feds also claim to have the authority to regulate anything that was ever part of interstate commerce no matter how far back you go. The Gun control Act of 1968 was written as an extension of the federal governments interstate commerce powers.

[bird_dog0347]

Originally Posted by Trip McNeely

Wouldn't you have to be conducting interstate travel, on federal property or something to that matter for it to be enforced federally? That's how I thought it worked with marijuana. You can have it in your state if its legal in your state unless you are breaking a law at a federal level such as being on federal property or interstate travel, etc. I believe that's how they busted a bunch of people for marijuana in states like Colorado. They thought it was legal and then they were busted at the airport. (Federal Property)

The thing is the feds don't have the manpower to police all of it, this new TX law just means the State/local cops won't mess with you. The Feds could still go bust people for pot in the states where it's "legal" but they don't have the people or the time and it's not a big enough crime. Plus with the left in charge, that isn't going to happen. Now when it comes to guns, it's obvious where the left stands and I would bet they will be making examples of people as soon as they can.

[32vfromhell]

call me crazy, but with the massive fuckup in giving away tens of thousands of arms in Afganistan, the whole federal case on gun control right now looks pretty pathetic.

I think someone will be crazy enough to test the feds resolve on this, just like with marijuana. I mean, its not like suppressors are something that only a few can afford to manufacture. It's a tube with some baffles shoved inside.

[bird_dog0347]

Originally Posted by 32vfromhell

call me crazy, but with the massive fuckup in giving away tens of thousands of arms in Afganistan, the whole federal case on gun control right now looks pretty pathetic.

I think someone will be crazy enough to test the feds resolve on this, just like with marijuana. I mean, its not like suppressors are something that only a few can afford to manufacture. It's a tube with some baffles shoved inside.

True, but it is pretty important to build them with precision, unless you enjoy baffle strikes.

[BP]

It's a chance for someone with much deeper pockets than I to spend a ton of money on lawyers and appeal all the way to the supreme court, or go to federal pound me in the ass prison for 10 years depending on how a district judge feels that morning.

I like the spirit of the law but I really don't have a lot of faith in Ken Paxton defending me in federal court.

[svauto-erotic855]

Originally Posted by bird_dog0347

True, but it is pretty important to build them with precision, unless you enjoy baffle strikes.

I have legally built suppressors since my early teens and have yet to have a baffle strike on one that I built. They don't have to be very precise.

Originally Posted by BP

It's a chance for someone with much deeper pockets than I to spend a ton of money on lawyers and appeal all the way to the supreme court, or go to federal pound me in the ass prison for 10 years depending on how a district judge feels that morning.

I like the spirit of the law but I really don't have a lot of faith in Ken Paxton defending me in federal court.

The states would have a better chance neutering Federal Authority if they challenged the 1930s ruling of Wickard v Filburn.