TX Bill to exempt In-State Suppressors from NFA

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    pcfixer

    pcfixer

    Ultimate Member
    May 24, 2009
    5,953
    Marylandstan
    on another note. Not hijacking your posting. But good to know.

    Sep 01, 2021 · September 1, 2021. Today, September 1, 2021, constitutional carry goes into effect in Texas. That makes Texas the 21st state to have some constitutional carry or permitless carry law on the books.
     
    Texasgrillchef

    Texasgrillchef

    Active Member
    Oct 29, 2021
    740
    Dallas, texas
    As one who worked with various senators and state reps on this bill, what I can tell you is this. While it has no practical effect due to the NFA and no FFL will risk loosing their FFL over this. What it does is it keeps any state law enforcement or state DA’s from taking any action on those who have these suppressors.

    The other main point, is because of certain clauses, is the full intention of the ATF and Biden initiating legal action, and the requirement of our state AG to initiate action on this law, based entirely off the 2A and 10A. We want this case over this law to end up in front of SCOTUS. That’s it’s entire point. We want to do it on a state level, not on just a privately funded and supported case from various PRo-2A groups.

    Refer to sec. 2.054
     
    whistlersmother

    whistlersmother

    Peace through strength
    Jan 29, 2013
    8,963
    Fulton, MD
    Texasgrillchef said:
    As one who worked with various senators and state reps on this bill, what I can tell you is this. While it has no practical effect due to the NFA and no FFL will risk loosing their FFL over this. What it does is it keeps any state law enforcement or state DA’s from taking any action on those who have these suppressors.

    The other main point, is because of certain clauses, is the full intention of the ATF and Biden initiating legal action, and the requirement of our state AG to initiate action on this law, based entirely off the 2A and 10A. We want this case over this law to end up in front of SCOTUS. That’s it’s entire point. We want to do it on a state level, not on just a privately funded and supported case from various PRo-2A groups.

    Refer to sec. 2.054
    Click to expand...

    Thank you for your efforts from a gun owner behind enemy lines.

    The more friendlies (states) out there make Maryland further and further out as an outlier.
     
    D

    delaware_export

    Ultimate Member
    Apr 10, 2018
    3,208
    As a non lawyer, man, I have trouble with understanding legal gymnastics.

    Discussing this, comparing to another case, to see principles apply:

    The feds banned, made illegal, sports wagering. ?in the 80’s?forget actual date. NJ fought that a few years ago and had the ban tossed. The state legalized and, iirc, scotus said something like if the states regulate it, the feds can’t outlaw it.

    That’s my layman’s understanding. Now, how could such logic be applied to firearms? Ammo? accessories?

    What would be the legal means to have the sports wagering logic of the scotus ruling applied here? If possible?

    Just wondering If the would transfer???
     
    Texasgrillchef

    Texasgrillchef

    Active Member
    Oct 29, 2021
    740
    Dallas, texas
    The idea we have here in Texas is this. First based on the 10A as well as the 2nd. Is that hopefully eventually SCOTUS will rule that we as a state can otherwise make legal those silencers that are made here in Texas, and always remain in Texas to be legal. Thus nullifying the full effect of the. NFA. The second part of that, is because suppressors are becoming far more common place, we will also challenge the case based on the 2A and hopefully even get suppressors off the NFA list as being ruled unconstitutional. Although that is secondary to the first main challenge under the 10A. However, if we win based on the 10A and the suppressors being solely made and used in the state of Texas, we hope that other pro-gun states will soon follow suit. If enough states do follow Texas and pass similar laws. Then hopefully the fall out will be getting suppressors off the NFA list.

    Very similar to all the gambling laws, as well as similar to all the marijuana legalization currently done around the country with various states legalizing marijuana for medical and or recreational use. Keep in mind that marijuana is still currently illegal among the Feds. However none of those states that have legalized it, are turning over evidence to the feds for prosecution. Exceptions of course are being made for those in gangs, cartels and who are allready breaking the marijuana laws of even the states that have legalized it.

    Our hopes are more along the lines of how the legalization of marijuana is going on around the US. We hope we can do the same thing for suppressors.

    When it finally comes to the court battle the sports betting cases will probably be used.

    Keep in mind though as well. The legalization of marijuana on a state level has not yet been challenged in court and made it to SCOTUS yet either. It’s not such a pressing issue though as Gun related laws are. So this case may make to SCOTUS before any challenges of the marijuana laws.
     
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