Texas Challenge to Federal Tax on Homemade Silencers Scheduled for Oral Arguments

AmmoLand ^ | April 29, 2024 | Dean Weingarten

[marktwain]

The lawsuit by the State of Texas, challenging the federal requirement to pay taxes and register homemade silencers, is moving forward in the Court of Appeals for the Fifth Circuit. Oral arguments are scheduled for April 29, 2024. The case is now known as Paxton v Dettelbach.

On February 24, 2022, Ken Paxton, the Texas Attorney General, filed suit against the acting head of the ATF, then Marvin Richardson. The lawsuit was required by Texas law. HB 957 became law in Texas on September 1, 2021. On July 15, 2022, Paxton, acting for the State of Texas, amended the lawsuit to include arguments mandated by the Supreme Court ruling in the Bruen case, published on June 22, 2022. On July 18, 2023, Judge Pittman of the District Court dismissed the case with the claim the State of Texas had no standing. Standing is a controversial method which federal courts often use to dismiss cases they do not wish to adjudicate. From the previous AmmoLand article :

[marktwain]

The oral arguments will be held today at the Court of Appeals for the Fifth Circuit in New Orleans. There will be a livestream ( no cameras).

[marktwain]

Link to Fifth Circuit page for livestream at bottom of page for the West Courtroom Stream. May 1, 2024, at 9:00 New Orleans time, each side gets 20 minute presentation, but sometimes the judges drag things out.

[sauropod]

bkmk

[uranium penguin]

Wishful thinking...

But I could see this opening up ‘34/ NFA/ ‘68 nullification.

Suppressors, at this point, ARME LEO/ Mil and COMMON USE items.

[bigfootbob]

I read an article recently, perhaps penned by you, actually an interview with the proprietor of SilencerCo who believes silencers will be removed from the unconstitutional NFA list within 10 years. I hope he’s right.

I have mild tinnitus and shooting sports is my favorite hobby. Hearing loss needs to be a consideration and being a good neighbor fits into the removal from the NFA List equation also.

In a way the unconstitutional murderous thugs, the BATFE, helped push the threshold of Common Usage for silencers when they started the fictitious quick approval eForm 1. I’ve seen numbers as high as 4 million but even using the conservative estimate the BATFE thugs report, 2.66 million in circulation as of 2021 puts silencers into the Common Usage category.

Every gun owner should buy one or two this year, do it for your health, help end tinnitus and make your neighbors happy.

[i_robot73]

>
But I could see this opening up ‘34/ NFA/ ‘68 nullification.

Suppressors, at this point, ARME LEO/ Mil and COMMON USE items.
>

As it ALL should nullified & the ‘common use’ BS is just that; merely another way for govt to infringe instead of reading & adhering the plain, SIMPLE English of the 2nd: “...shall NOT be infringed.”

[Myrddin]

My wife purchased a .22LR suppressor before we had the paperwork ready. It sat in the FFL's safe for 3 YEARS. My middle son is on the NFA Trust and Congress/ATF added new forms (Responsible Person) to the process. My middle son went across country and wouldn't comply with getting his part of the paperwork done. He finally returned home and we knocked out the paperwork in a week. The new self-service kiosks at my gun shops helped expedite the process. Now that we have the tax stamp and physical possession, the suppressor remains NIB and tucked away in the safe.

[exnavy]

Ammoland is my favorite

[zeugma]

Very interesting. This will be fun to follow.