Exactly, but one difference is that ours requires the Texas AG to seek a judgement from a federal district court. Nothing will stop the long dick of the law from swinging around, but a federal judgement would make it more difficult for atf to pursue charges against us. Bottom line is if the feds don't want you to have something, you probably wont get to have it
And then it does the shuffle through a federal court and who knows how long that will beFrom my understanding, all you have to do as an individual is notify the AG that you *intend* to make a suppressor under this law and they have to seek resolution in the Federal courts for you, so you don't have to actually violate federal law to put the Texas law to use.
The suppressor/silencer thing I'm a bit lost on. ...
Thank you very much.My take on it is that the suppressor law is primarily set up to put the State AG's resources behind a case or case(s) in federal court to overturn or modify the current "everything is interstate commerce" ruling in that SCOTUS
case whose name escapes my mind for the moment.Wickford v Filburn.
State law currently makes possession of a suppressor illegal unless you have an NFA license. The new law will dispense with that and as long as the suppressor is "Made in Texas" according to the rules of the law, state and local law enforcement should leave you alone. However, the feds could still arrest and prosecute you if you don't have the NFA tax stamp/license and you actually build/buy the suppressor.
The piece of the new Texas law that says you can notify the AG that you want to build a suppressor and he will go seek a declaration? (forget the term in the law) in federal court that your Texas-built-and-used suppressor is not subject to federal law. As long as you don't go past "notify" you should still be safe from the feds, and presumably the AG will go to bat for you to get the declaration. I don't think (and the guys who wrote this law don't) expect the federal district court to rule in the AG's favor, so an adverse ruling will have to be appealed to the 5th Circuit, and possibly to the SCOTUS. Obviously this will take a long time.
So, again, my opinion is that his law is about putting into motion a legal challenge to the "everything is interstate commerce" overreach, not about letting Texans (immediately) skirt the NFA requirements.
This is my opinion only, IANAL, do not call me for bail money.
I'm fearful, though, that there will be more than one test case (similar to Kansas) that will wrap up some poor soul(s) because they think that they can skirt NFA/ATF and post on "Tha Instantgram" that they have something like this on the end of whatever firearm and the feds come a'knockin.
The new law will dispense with that and as long as the suppressor is "Made in Texas" according to the rules of the law, state and local law enforcement should leave you alone.