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srothstein wrote: Fri Jun 18, 2021 7:41 am

...

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

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

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.

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.

ajwakeboarder wrote: Fri Jun 18, 2021 8:21 pm

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.

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 wrote: Fri Jun 18, 2021 8:39 pm

ajwakeboarder wrote: Fri Jun 18, 2021 8:21 pm

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.

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.