Suppressor and Permitless Carry Bills Signed 6/15 and 6/16

Sasquatch

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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

From 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.
 

danielrcd

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From 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.
And then it does the shuffle through a federal court and who knows how long that will be
 
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Bully

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So, new guy here trying to understand and stay out of trouble...

Constitutional carry I understand as that's a state controlled thing. Git your gun, strap it on and get to gettin. Fine.

The suppressor/silencer thing I'm a bit lost on. I mean, it's under the purview of the federal government. Is it: I can build one in my garage and as long as I'm not an ass and post on social media how cool I am that the locals will leave me alone and I stay out of trouble? Or is it something else?

Please be kind... not only new, but from NJ, so this is completely un-explored territory for me.
 

Renegade

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The suppressor bill has little value now. I would forget about it for practical applications.

when courts rule favorably, then it will matter
 

Sand Hills

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...

The suppressor/silencer thing I'm a bit lost on. ...

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. :)
 

Bully

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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. :)
Thank you very much.
I'm not at all surprised that there is something more happening at a higher level.
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.
 

Renegade

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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.

You cant fix stupid.

Virginia does not regulate silencers, nobody there thinks they can have unregistered cans.
 

Renegade

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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.

While there is the "MADE IN TEXAS" verbage, they have removed silencers as prohibited items in 46.05, so even if it does not say "MADE IN TEXAS", it does not appear State can charge you.
 

TAZ

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State law doesn’t trump federal law, so irrelevant of who made the can or where it was made if the feds fund you with j e abs no tax stamp you’re going to go to jail.

Does the new law make it illegal, with hefty fines and jail time, for any state employee to expend any state resources on enforcing federal suppressor laws? If not it’s a symbolic poke.
 

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