Posted on 07/31/2021 4:51:33 AM PDT by marktwain
HB 957, the new silencer/gun muffler/suppressor law, will become effective in Texas on 1 September 2021. On that date, the Attorney General, Ken Paxton, will be able to accept written notification by a United States citizen who intends to make a firearms suppressor as per Section 2.052 of the new law. The Attorney General shall then seek a declaratory judgment from a federal district court.
There is strong Supreme Court precedent the federal government may not command a state to enforce federal law, known as the anti-commandeering doctrine.
HB 957 goes far beyond anti-commandeering. It sets up a test case to undermine the pernicious doctrine which has crept into the federal judiciary over the last 80 years. The doctrine is: all commerce is essentialy interstate commerce, and may be regulated by the federal government. From HB957 (now law):
Sec. 2.052. NOT SUBJECT TO FEDERAL REGULATION. (a) A firearm suppressor that is manufactured in this state and remains in this state is not subject to federal law or federal regulation,including registration, under the authority of the United States Congress to regulate interstate commerce.
(b) A basic material from which a firearm suppressor is manufactured in this state, including unmachined steel, is not a firearm suppressor and is not subject to federal regulation under the authority of the United States Congress to regulate interstate commerce as if it actually were a firearm suppressor.
Sec. 2.053. MARKETING OF FIREARM SUPPRESSOR. A firearm suppressor manufactured and sold in this state must have the words “Made in Texas” clearly stamped on it.
Sec. 2.054. ATTORNEY GENERAL. On written notification to the attorney general by a United States citizen who resides in this state of the citizen’s intent to manufacture a firearm suppressor to which Section 2.052 applies, the attorney general
(Excerpt) Read more at ammoland.com ...
Good. That act is clearly unconstitutional.
Wickard v. Filburn was some of the most tortured logic ever exercised by SCOTUS and opened the floodgates for ridiculous applications of the commerce clause. It needs to be undone.
btt
Mufflers make complete sense for a shooter. No sane reason for banning them unless some statists just like to ruin their hearing.
Most firearms are reasonable or sane.
They hate anything which makes shooting more pleasant and acceptable, because their goal is to eliminate firearms from polite society.
The ATF recently sent emails to all Texas FFL holders asserting they may not manufacture suppressors under this new Texas statute unless properly licensed by the Fed. We shall see.
It will be done before anyone has to make a silencer/gun muffler/suppressor.
In the article, it is suggested the AG use individual citizens making their own safety devices, instead of a commercial manufacture, as that will be easier for the courts to swallow.
By the sound of it, the feds will still require their pound of flesh.
Mandatory for hunters in some countries. Even ones with some of the strictest gun laws.
And for those that have never shot with a can, it’s almost life changing. You’ll never want to shoot on rifle without one, ever again.
Life Changing,
We will see.
I’m seeing some Fun
Range Time Ahead!
If you love shooting, you’ll love it even more when you can go out there and squeeze off some 556 and bigger, without it being obnoxious. When I shoot my rifles I have plugs and electronic muffs. Slapping a can on the end of an AR makes it a really fun time.
Not movie quiet, mind you. But definitely nice.
Enjoy.
You nailed it.
I’ve not shot much
.223 But I’ve got
a mind to see what
the Evil Rifle is all about. Planning to get
a high end,Accurate
Rifle. I have some other
Tools to trade off.
Enjoy the shopping.
Look into PSA. Some may not give them much credibility compared to some of the pricier ones out there, but a quality rifle, for sure and won’t break the bank. My 2 cents.
The Brady act, the lautner amendment, the NFA, the GFA are all unconstitutional and need to be banned.
Because gang bangers are running around with an extra 12” suppressor on the end of their stolen gun. And so many stupid gun laws passed after some idiot democrat makes a movie.
It's an absurdity on its face.
My guess is that the black robed handmaidens of despotism will either refuse to hear any such cases or just immediately rule against the state citing "precedent."
If the state wants to get really testy, it can create an equivalent to CCW called a "State Militia Card" and licensed state "Armorers" who can sell any firearm (including full auto) and suppressors to any State militia member.
Palmetto is ;
Good,
Better,
Best kind of
Manufacturer that
I’ll be looking at!
Thanks.
As for the court case attempting to overturn the suppressor ban, it seems at best a one of thing, aiming to overturn the law for lack of a well-formed tax scheme when the law was enacted in the 1930's. If the courts decide that to be so, then the usual Congressional stagnation may block legislation to reinstate the tax. Who knows, but that approach may work.
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