New Suppressor Law = No Good

This forum is for general legislative discussions not specific to any given legislative session. It will remain open.

Moderator: carlson1


Topic author
Caliber
Member
Posts in topic: 1
Posts: 127
Joined: Mon Nov 14, 2011 3:44 pm

New Suppressor Law = No Good

#1

Post by Caliber »

I contacted a suppressor manufacturer. They said the new Texas law changes nothing because FFL's and SOT's still have to follow federal law. So, I suppose you could legally make your own suppressor, but you're not going to get around the ATF form or the $200 by going to the store and buying a suppressor.

MaduroBU
Senior Member
Posts in topic: 1
Posts: 702
Joined: Sat Nov 12, 2016 9:11 am

Re: New Suppressor Law = No Good

#2

Post by MaduroBU »

It's momentum. If we have enough states with laws which run contrary to federal statute which didn't make sense even when it was passed, overturning the federal statute will be much easier. See marijuana laws.

jason812
Senior Member
Posts in topic: 2
Posts: 1534
Joined: Mon Mar 30, 2015 9:41 pm
Location: Central Texas

Re: New Suppressor Law = No Good

#3

Post by jason812 »

Or just don't be an FFL or SOT :biggrinjester: I sure wish my manual lathe was CNC.
In certain extreme situations, the law is inadequate. In order to shame its inadequacy, it is necessary to act outside the law to pursue a natural justice.

Scott Farkus
Senior Member
Posts in topic: 1
Posts: 410
Joined: Tue Jul 13, 2010 7:18 pm
Location: Austin

Re: New Suppressor Law = No Good

#4

Post by Scott Farkus »

Caliber wrote: Thu Jun 17, 2021 4:26 pm I contacted a suppressor manufacturer. They said the new Texas law changes nothing because FFL's and SOT's still have to follow federal law. So, I suppose you could legally make your own suppressor, but you're not going to get around the ATF form or the $200 by going to the store and buying a suppressor.
I've always wondered why a suppressor manufactured in a state sold to a resident of the state had to get the NFA stamp. Seems like that's clearly intrastate commerce and no business of the feds. Glad to see this, maybe it'll help force the issue.
User avatar

Syntyr
Senior Member
Posts in topic: 2
Posts: 1662
Joined: Wed Jul 29, 2009 3:54 pm
Location: Houston

Re: New Suppressor Law = No Good

#5

Post by Syntyr »

Caliber wrote: Thu Jun 17, 2021 4:26 pm I contacted a suppressor manufacturer. They said the new Texas law changes nothing because FFL's and SOT's still have to follow federal law. So, I suppose you could legally make your own suppressor, but you're not going to get around the ATF form or the $200 by going to the store and buying a suppressor.
If the case for declarative judgment is successful I would be willing to bet business will spring up selling supplies to roll your own mufflers. Now it might be like the legal weed businesses in other states. Since it would be illegal federally the business will probably be cash only.
Syntyr
"Wherever you go... There you are." - Buckaroo Banzai
"Inconceivable!" - Fizzinni

srothstein
Senior Member
Posts in topic: 2
Posts: 5273
Joined: Sat Dec 16, 2006 8:27 pm
Location: Luling, TX

Re: New Suppressor Law = No Good

#6

Post by srothstein »

Scott Farkus wrote: Thu Jun 17, 2021 5:44 pm
Caliber wrote: Thu Jun 17, 2021 4:26 pm I contacted a suppressor manufacturer. They said the new Texas law changes nothing because FFL's and SOT's still have to follow federal law. So, I suppose you could legally make your own suppressor, but you're not going to get around the ATF form or the $200 by going to the store and buying a suppressor.
I've always wondered why a suppressor manufactured in a state sold to a resident of the state had to get the NFA stamp. Seems like that's clearly intrastate commerce and no business of the feds. Glad to see this, maybe it'll help force the issue.
See Wickard v. Filburn for an explanation of how that is interstate commerce.
Steve Rothstein

philip964
Senior Member
Posts in topic: 1
Posts: 17955
Joined: Wed Sep 30, 2009 12:30 pm

Re: New Suppressor Law = No Good

#7

Post by philip964 »

So your saying I can legally make a suppressor now?
User avatar

The Annoyed Man
Senior Member
Posts in topic: 1
Posts: 26790
Joined: Wed Jan 16, 2008 12:59 pm
Location: North Richland Hills, Texas
Contact:

Re: New Suppressor Law = No Good

#8

Post by The Annoyed Man »

srothstein wrote: Thu Jun 17, 2021 7:42 pm
Scott Farkus wrote: Thu Jun 17, 2021 5:44 pm
Caliber wrote: Thu Jun 17, 2021 4:26 pm I contacted a suppressor manufacturer. They said the new Texas law changes nothing because FFL's and SOT's still have to follow federal law. So, I suppose you could legally make your own suppressor, but you're not going to get around the ATF form or the $200 by going to the store and buying a suppressor.
I've always wondered why a suppressor manufactured in a state sold to a resident of the state had to get the NFA stamp. Seems like that's clearly intrastate commerce and no business of the feds. Glad to see this, maybe it'll help force the issue.
See Wickard v. Filburn for an explanation of how that is interstate commerce.
One of the most VILE SCOTUS decisions ever made, too; written by men who were installed by a socialist president.

https://en.wikipedia.org/wiki/Wickard_v._Filburn
By the time that the case reached the high court, eight out of the nine justices had been appointed by President Franklin Roosevelt, the architect of the New Deal legislation.
The SCOTUS interpretation of the Commerce Clause is a powerful argument for scrapping the whole shebang and starting over.
“Hard times create strong men. Strong men create good times. Good times create weak men. And, weak men create hard times.”

― G. Michael Hopf, "Those Who Remain"

#TINVOWOOT

K.Mooneyham
Senior Member
Posts in topic: 1
Posts: 2574
Joined: Sat Jan 12, 2013 4:27 pm
Location: Vernon, Texas

Re: New Suppressor Law = No Good

#9

Post by K.Mooneyham »

Scott Farkus wrote: Thu Jun 17, 2021 5:44 pm
Caliber wrote: Thu Jun 17, 2021 4:26 pm I contacted a suppressor manufacturer. They said the new Texas law changes nothing because FFL's and SOT's still have to follow federal law. So, I suppose you could legally make your own suppressor, but you're not going to get around the ATF form or the $200 by going to the store and buying a suppressor.
I've always wondered why a suppressor manufactured in a state sold to a resident of the state had to get the NFA stamp. Seems like that's clearly intrastate commerce and no business of the feds. Glad to see this, maybe it'll help force the issue.
Now remember, INTERSTATE commerce is anything the Federal government has figured out how to make money off of. :mrgreen:
User avatar

carlson1
Moderator
Posts in topic: 2
Posts: 11653
Joined: Sat Dec 03, 2005 1:11 am

Re: New Suppressor Law = No Good

#10

Post by carlson1 »

Could you not build your own suppressor and it be legal?
Image

srothstein
Senior Member
Posts in topic: 2
Posts: 5273
Joined: Sat Dec 16, 2006 8:27 pm
Location: Luling, TX

Re: New Suppressor Law = No Good

#11

Post by srothstein »

carlson1 wrote: Fri Jun 18, 2021 1:12 am Could you not build your own suppressor and it be legal?
Under the current state of federal law, anything which might affect interstate commerce can be regulated. The logic in the Wickard case was that his wheat was regulated, even though he grew it for his own personal use, because if he did not have it then he would be buying wheat that was involved in interstate commerce.

This is why the new law is a great symbol but is not really any use. If you build your own suppressor, even with all Texas sourced materials, you have affected interstate commerce by not engaging in it. Thus, Congress can regulate anything and make it illegal.
Steve Rothstein
User avatar

Paladin
Senior Member
Posts in topic: 1
Posts: 6290
Joined: Thu Dec 23, 2004 4:02 pm
Location: DFW

Re: New Suppressor Law = No Good

#12

Post by Paladin »

The Annoyed Man wrote: Thu Jun 17, 2021 8:24 pm
srothstein wrote: Thu Jun 17, 2021 7:42 pm
Scott Farkus wrote: Thu Jun 17, 2021 5:44 pm
Caliber wrote: Thu Jun 17, 2021 4:26 pm I contacted a suppressor manufacturer. They said the new Texas law changes nothing because FFL's and SOT's still have to follow federal law. So, I suppose you could legally make your own suppressor, but you're not going to get around the ATF form or the $200 by going to the store and buying a suppressor.
I've always wondered why a suppressor manufactured in a state sold to a resident of the state had to get the NFA stamp. Seems like that's clearly intrastate commerce and no business of the feds. Glad to see this, maybe it'll help force the issue.
See Wickard v. Filburn for an explanation of how that is interstate commerce.
One of the most VILE SCOTUS decisions ever made, too; written by men who were installed by a socialist president.

https://en.wikipedia.org/wiki/Wickard_v._Filburn
By the time that the case reached the high court, eight out of the nine justices had been appointed by President Franklin Roosevelt, the architect of the New Deal legislation.
The SCOTUS interpretation of the Commerce Clause is a powerful argument for scrapping the whole shebang and starting over.
It was truly a decision completely against the freedom of trade and competition. The decision facilitated a command economy to copy the Soviets. Anti-American as it gets.
JOIN NRA TODAY!, NRA Benefactor Life, TSRA Defender Life, Gun Owners of America Life, SAF, FPC, VCDL Member
LTC/SSC Instructor, NRA Certified Instructor, CRSO
The last hope of human liberty in this world rests on us. -Thomas Jefferson
User avatar

carlson1
Moderator
Posts in topic: 2
Posts: 11653
Joined: Sat Dec 03, 2005 1:11 am

Re: New Suppressor Law = No Good

#13

Post by carlson1 »

srothstein wrote: Fri Jun 18, 2021 7:41 am
carlson1 wrote: Fri Jun 18, 2021 1:12 am Could you not build your own suppressor and it be legal?
Under the current state of federal law, anything which might affect interstate commerce can be regulated. The logic in the Wickard case was that his wheat was regulated, even though he grew it for his own personal use, because if he did not have it then he would be buying wheat that was involved in interstate commerce.

This is why the new law is a great symbol but is not really any use. If you build your own suppressor, even with all Texas sourced materials, you have affected interstate commerce by not engaging in it. Thus, Congress can regulate anything and make it illegal.
Thank you.
Image

jason812
Senior Member
Posts in topic: 2
Posts: 1534
Joined: Mon Mar 30, 2015 9:41 pm
Location: Central Texas

Re: New Suppressor Law = No Good

#14

Post by jason812 »

The Annoyed Man wrote: Thu Jun 17, 2021 8:24 pm
srothstein wrote: Thu Jun 17, 2021 7:42 pm
Scott Farkus wrote: Thu Jun 17, 2021 5:44 pm
Caliber wrote: Thu Jun 17, 2021 4:26 pm I contacted a suppressor manufacturer. They said the new Texas law changes nothing because FFL's and SOT's still have to follow federal law. So, I suppose you could legally make your own suppressor, but you're not going to get around the ATF form or the $200 by going to the store and buying a suppressor.
I've always wondered why a suppressor manufactured in a state sold to a resident of the state had to get the NFA stamp. Seems like that's clearly intrastate commerce and no business of the feds. Glad to see this, maybe it'll help force the issue.
See Wickard v. Filburn for an explanation of how that is interstate commerce.
One of the most VILE SCOTUS decisions ever made, too; written by men who were installed by a socialist president.

https://en.wikipedia.org/wiki/Wickard_v._Filburn
By the time that the case reached the high court, eight out of the nine justices had been appointed by President Franklin Roosevelt, the architect of the New Deal legislation.
The SCOTUS interpretation of the Commerce Clause is a powerful argument for scrapping the whole shebang and starting over.
That decision is horrible and trying to prove a negative. Kind of like how do you prove you don't beat your wife.
In certain extreme situations, the law is inadequate. In order to shame its inadequacy, it is necessary to act outside the law to pursue a natural justice.

seph
Member
Posts in topic: 2
Posts: 192
Joined: Mon Sep 01, 2014 12:01 am

Re: New Suppressor Law = No Good

#15

Post by seph »

The point of this law was to setup the legal challenge. In that regard, it is a good law. It just does not change things until the legal challenge runs it's course in the next half dozen years.
Let's go Brandon! "rlol"
Post Reply

Return to “General Legislative Discussions”