Search found 1 match

by juno106
Sun Nov 20, 2016 10:17 pm
Forum: 2017 Legislative Wish List
Topic: Hearing Protection Act - effect of state law
Replies: 13
Views: 8726

Re: Hearing Protection Act - effect of state law

My understanding is that at present, there are multiple versions of a potential Hearing Protection Act, each slightly different, which potentially could be passed and sent to the new President for his signature.

That being said, there is apparently at least one version floating around, which will effectively preempt (Texas) state law on this matter.

If this version is enacted, your worries are likely for naught.

https://www.congress.gov/bill/114th-con ... /3799/text
SEC. 4. Preemption of certain State laws in relation to firearm silencers.

Section 927 of title 18, United States Code, is amended by adding at the end the following: “Notwithstanding the preceding sentence, a law of a State or a political subdivision of a State that, as a condition of lawfully making, transferring, using, possessing, or transporting a firearm silencer in or affecting interstate or foreign commerce, imposes a tax on any such conduct, or a marking, recordkeeping or registration requirement with respect to the firearm silencer, shall have no force or effect.”.

Not saying repeal of 46.05(a)(1)(D) is a bad thing, but perhaps not a necessary thing.



dhoobler wrote:With the election of Trump, there is a real possibility suppressors will be removed from the list of class three devices and would be treated by federal law as an ordinary firearm.

Lest we forget, Texas law prohibits silencers unless they have an NFA stamp:

Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
(1) any of the following items, unless the item is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or classified as a curio or relic by the United States Department of Justice:
(A) an explosive weapon;
(B) a machine gun;
(C) a short-barrel firearm; or
(D) a firearm silencer;


It would be a tragedy if federal was reformed, but state law was not. We could find ourselves in a catch 22 situation where Texans can only own NFA silencers which are no longer available. We could be locked out of the silencer market until the state legislature acts.

I think that repeal of 46.05(a)(1)(D) should be a high priority for the 2017 session.

Return to “Hearing Protection Act - effect of state law”