New Suppressor Law = No Good

[ELB]

...

This is why the new law is a great symbol but is not really any use. ...

If the statute did not have Section 2.054 in it, I would agree, but this puts the resources of the State of Texas AG's office behind launching a challenge to congressional and SCOTUS overreach. It will be a long haul, having to go thru federal district court, the 5th court of appeals, and then get picked up by SCOTUS, and it may fail, and/or take more than one try.

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 shall seek a
declaratory judgment from a federal district court in this state
that Section 2.052 is consistent with the United States
Constitution

So if you hurry and send in your written notification to the AG that you want to build a Texas suppressor, then maybe your name will live in legal history.

[PriestTheRunner]

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.

Wickard vs Filburn was the destruction of this country, along with the original threat to pack the supreme court and the bull socialist "New Deal".

After that, private property no longer existed and it lead to basically every unconstitutional law now on the books (including guns).

[ajwakeboarder]

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.

So hypothetically, my argument would be that it does not affect interstate commerce because I would simply not buy a suppressor if I cannot do so without paying the federal tax.

[seph]

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.

So hypothetically, my argument would be that it does not affect interstate commerce because I would simply not buy a suppressor if I cannot do so without paying the federal tax.

Or even better, pass a Texas law that bans suppressors from outside the state to be sold here thus eliminating any application of interstate trade.

[Syntyr]

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.

So hypothetically, my argument would be that it does not affect interstate commerce because I would simply not buy a suppressor if I cannot do so without paying the federal tax.

Or even better, pass a Texas law that bans suppressors from outside the state to be sold here thus eliminating any application of interstate trade.

Now you are thinking like a polictician! I am liking it!

[nightmare69]

I cannot wait to slap a “Made in Texas” suppressor on my AR. Maybe the prices will drop some as well.