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by Charles L. Cotton
Sun Nov 18, 2018 9:55 pm
Forum: 2019 Texas Legislative Session
Topic: HB 349 - Make bump stocks illegal in Texas
Replies: 30
Views: 2005

Re: HB 349 - Make bump stocks illegal in Texas

Gator Guy wrote:
Sun Nov 18, 2018 1:46 pm
Charles L. Cotton wrote:
Sat Nov 17, 2018 12:15 pm
Let me ask you this. If Texas were to pass a law like you support, would you then make a suppressor, SBR or machine gun? (I said "make" because no one will sell you one without complying with federal law.)
Of course I would make it myself. That way there's no commerce, and Congress has no Constitutional power under Article I, Section 8, Clause 3 to regulate it.
The Commerce Clause is triggered. The required language is "travels in interstate commerce or affects interstate commerce." A SCOTUS case from the Roosevelt era upheld a conviction of a farmer for growing wheat to feed his family and violating federal wage and price control laws. The Court held that the Commerce Clause was triggered even though the farmer's wheat had not traveled in interstate commerce. Had he not grown his own wheat he would have had to buy food. This impacted interstate commerce.

I know, the case sucked!
Chas.
by Charles L. Cotton
Sat Nov 17, 2018 12:15 pm
Forum: 2019 Texas Legislative Session
Topic: HB 349 - Make bump stocks illegal in Texas
Replies: 30
Views: 2005

Re: HB 349 - Make bump stocks illegal in Texas

Gator Guy wrote:
Fri Nov 16, 2018 10:08 am
ScottDLS wrote:
Thu Nov 15, 2018 11:09 am
Gator Guy wrote:
Thu Nov 15, 2018 10:59 am
The question is whether there are any pro gun legislators who will introduce a bill to repeal state laws on silencers, short barrels, and machine guns. Like pro-marijuana legislators in other states got rid of their state laws on marijuana. There's no enumerated right to grow and smoke weed, so there's a lot more reason to repeal state laws infringing what types of arms people can keep and bear.
The only Texas state law banning Silencers, SBR, SBS, and MG's already excepts Federally registered ones, or ones not required to be registered.
That's true but pro-2A Texas legislators would decriminalize those arms at the state level like Colorado pro-weed legislators decriminalized marijuana at the state level.

Unless you're saying Colorado and the left coast only exempt weed that's legal at the Federal level? :headscratch
Using marijuana laws in another state as an example of responsible legislation is a poor analogy indeed! Thousands of people in Colorado unknowingly surrendered their Second Amendment rights by relying upon state law. Even so-called "medical use" of marijuana costs one their Second Amendment rights. It's not right, it shouldn't be that way, but it is.

Removing the state prohibition on NFA items doesn't make possession of them legal without the tax stamp. A change in the law may well lead people to erroneously believe they can possess NFA items without any legal consequences. Doing so is a federal felony and the defendant would face years in prison and lifetime loss of Second Amendment rights. I don't consider passing a law that has the distinct potential to cause major problems for unsuspecting Texans to be pro-gun. Bills that prohibit Texas law enforcement and government officials from enforcing or helping to enforce federal gun laws are fine and they are constitutional. Such a law wouldn't confuse the public.

Let me ask you this. If Texas were to pass a law like you support, would you then make a suppressor, SBR or machine gun? (I said "make" because no one will sell you one without complying with federal law.)

Chas.

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