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by Soccerdad1995
Tue Jul 13, 2021 1:28 pm
Forum: General Legislative Discussions
Topic: Texas-Made Suppressors Exempt From NFA Regulations HB 957
Replies: 26
Views: 22582

Re: Texas-Made Suppressors Exempt From NFA Regulations HB 957

K.Mooneyham wrote: Sun Jun 27, 2021 10:11 pm
C-dub wrote: Sun Jun 27, 2021 9:55 pm The problem as I see it is that the fed has previously ruled that not participating in interstate commerce affects interstate commerce and therefore can be regulated accordingly under that clause.
I know you are just restating what the Court ruled back in the day, but that's some of the worst twisted logic ever from those folks.
This has to go down as one of the worst rulings ever by SCOTUS. Basically they said that the "interstate commerce" clause actually refers to every product or service purchased anywhere. In the minds of the justices that ruled for this, I guess the founder's were just joking about the "interstate" part, lol.
by Soccerdad1995
Mon May 24, 2021 9:46 am
Forum: General Legislative Discussions
Topic: Texas-Made Suppressors Exempt From NFA Regulations HB 957
Replies: 26
Views: 22582

Re: Texas-Made Suppressors Exempt From NFA Regulations HB 957

wil wrote: Mon May 24, 2021 9:08 am under a truthful reading of the commerce clause, this is entirely legal. The battle is likely going to be over the federal court case which said that if a given item doesn't cross state lines, it by default effects commerce within another state owing to it not being available. Which is completely non-logical in the face of what the commerce clause says.

I don't remember what court case it was, I think it was two brothers, farmers of some sort, who brought the case all the way to SCOTUS and they reaffirmed the original ruling.

I suspect fedgov will use this as an excuse to try to shut it down should this go through the legal system.
If we can get this issue revisited by the current SCOTUS, that in itself would be a win. The past case made a complete mockery of the commerce clause and basically said that the federal government can regulate all commerce, not just inter-state commerce.

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