How did Montana get around the ATF for Suppressors?

[Thomas]

This is a very interesting proposition... I found a company that makes them in New Mexico (my home state)... Time to do some research!

Even if you think it is legal based on your interpretation of the law, they may not, and thus may not sell it to you. But please do let us know! I am not fond of having to shell out a couple extra hundred dollars for a suppressor.

[Jumping Frog]

I'm just wondering how they were allowed to circumvent the NFA to allow over the counter suppressor sales. Can anyone shed some light on this? Would be awesome if Texas did the same.

It is a difference of opinion that could end up ruining some unsuspecting lives. Sure, Montana can take the stance that it is legal. That does not mean that BATFE agrees. There will inevitably be a federal court case on the matter and someone will be the test case facing federal felony charges. They will likely lose.

[WildBill]

I'm just wondering how they were allowed to circumvent the NFA to allow over the counter suppressor sales. Can anyone shed some light on this? Would be awesome if Texas did the same.

It is a difference of opinion that could end up ruining some unsuspecting lives. Sure, Montana can take the stance that it is legal. That does not mean that BATFE agrees. There will inevitably be a federal court case on the matter and someone will be the test case facing federal felony charges. They will likely lose.

We will have to wait and see what comes out of the courts.

[Longshot38]

Guys we are over complicating the issue here. Montana (as well as several other states) simply asserted states rights as it's argument for this. However regardless of what the state says FFL holders still have to play by the ATFs rules if they wish to keep their license. What this law did was make a very clear line in the sand about what the state says is right for it's residence. Put simply, if you wish to be involved in moving firearms and suppressors across state lines then you must be an FFL and play by the rules set forth to you by the ATF, however if you never move your firearm or suppressor across state lines then the state requires nothing and the federal government has no regulatory authority. Such is the states argument anyway. What the feds and supreme court say about this may and is different. ATF has already told FFL holders that their rules supersede any state law and we are still waiting of court decisions to come down.

[C-dub]

So, if I make my own suppressor it's legal? Or would it be like the wheat thing, since I didn't buy it from someone else out of state?

[tbrown]

So, if I make my own suppressor it's legal? Or would it be like the wheat thing, since I didn't buy it from someone else out of state?

Are you in Montana or Texas? http://firearmsfreedomact.com/state-by-state/" onclick="window.open(this.href);return false;

[C-dub]

So, if I make my own suppressor it's legal? Or would it be like the wheat thing, since I didn't buy it from someone else out of state?

Are you in Montana or Texas? http://firearmsfreedomact.com/state-by-state/" onclick="window.open(this.href);return false;

Right here in DFW!

[tbrown]

So, if I make my own suppressor it's legal? Or would it be like the wheat thing, since I didn't buy it from someone else out of state?

Are you in Montana or Texas? http://firearmsfreedomact.com/state-by-state/" onclick="window.open(this.href);return false;

Right here in DFW!

In Texas you can be charged with violating state law and there's no commerce clause issues. 46.05(a)(4)

[C-dub]

So, if I make my own suppressor it's legal? Or would it be like the wheat thing, since I didn't buy it from someone else out of state?

Are you in Montana or Texas? http://firearmsfreedomact.com/state-by-state/" onclick="window.open(this.href);return false;

Right here in DFW!

In Texas you can be charged with violating state law and there's no commerce clause issues. 46.05(a)(4)

Bummer. That was a short experiment. I don't think I'll be getting that NFA license.

[JeepGuy79]

So, if I make my own suppressor it's legal? Or would it be like the wheat thing, since I didn't buy it from someone else out of state?

Are you in Montana or Texas? http://firearmsfreedomact.com/state-by-state/" onclick="window.open(this.href);return false;

Right here in DFW!

File a form one and send 200 clams and build one however you want :-)

[Thomas]

So, if I make my own suppressor it's legal? Or would it be like the wheat thing, since I didn't buy it from someone else out of state?

Are you in Montana or Texas? http://firearmsfreedomact.com/state-by-state/" onclick="window.open(this.href);return false;

Right here in DFW!

File a form one and send 200 clams and build one however you want :-)

As far as I know you just have to get the tax stamp as mentioned in the previous post ^^^

Also, check out this site:
http://www.silencertalk.com/

There are a lot of people who talk about the physics of designs and critique each other's designs.

[Carry-a-Kimber]

In Texas, a suppressor is illegal, the NFA tax is a defense to prosecution.

[RPB]

In Texas, a suppressor is illegal, the NFA tax is a defense to prosecution.

Which makes a State Agency approval of using a prohibited device (under the same State's penal code) more interesting.
TPWD Approves Use Of Suppressors
At today’s commission meeting, the Texas Parks and Wildlife Department commission voted to approve the change for the upcoming season.

§65.11. Lawful Means. It is unlawful to hunt any of the wildlife resources of this state except by the means authorized by this section and as provided in §65.19 of this title (relating to Hunting Deer with Dogs).

(1) Firearms.

(A) It is lawful to hunt alligators, game animals, and game birds with any legal firearm, including muzzleloading firearms, and including a firearm equipped with a silencer [weapons], except as specifically restricted in this section.

(B) Nothing in this paragraph shall be construed to relieve any person of compliance with any other federal, state, or local laws governing the possession or use of firearm silencers.
For full details please visit: http://www.tpwd.state.tx.us/business/fe ... ndex.phtml" onclick="window.open(this.href);return false;

Action
2012-2013 Statewide Hunting Proclamation
March 29, 2012

I. Executive Summary: This item presents the proposed 2012-2013 Statewide Hunting Proclamation for adoption. The proposed amendments would:

Alter the season structure currently in effect for Grayson County (archery-only special season with crossbow by upper-limb disability only; regular season restricted to archery only, crossbows lawful) to allow full-season either-sex hunting opportunity, and implement that structure in Collin, Dallas, and Rockwall counties (which currently have no open season);
Implement a full general season in Galveston County (currently there is no open season) with the same season structure as Harris County;
Eliminate the pheasant season in three coastal counties in response to absence of population;
Remove remnant references to tarpon and red drum;
Remove obsolete regulations regarding the hunting of prairie chickens on managed lands; and
Legalize sound-suppressing devices to take game animals and birds.

http://www.statutes.legis.state.tx.us/D ... /PE.46.htm" onclick="window.open(this.href);return false;

Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:

(1) an explosive weapon;

(2) a machine gun;

(3) a short-barrel firearm;

(4) a firearm silencer;

(5) a switchblade knife;

(6) knuckles;

(7) armor-piercing ammunition;

(8) a chemical dispensing device;

(9) a zip gun; or

(10) a tire deflation device.

(b) It is a defense to prosecution under this section that the actor's conduct was incidental to the performance of official duty by the armed forces or national guard, a governmental law enforcement agency, or a correctional facility.

(c) It is a defense to prosecution under this section that the actor's possession was pursuant to registration pursuant to the National Firearms Act, as amended.

(d) It is an affirmative defense to prosecution under this section that the actor's conduct:

(1) was incidental to dealing with a switchblade knife, springblade knife, short-barrel firearm, or tire deflation device solely as an antique or curio;

(2) was incidental to dealing with armor-piercing ammunition solely for the purpose of making the ammunition available to an organization, agency, or institution listed in Subsection (b); or

(3) was incidental to dealing with a tire deflation device solely for the purpose of making the device available to an organization, agency, or institution listed in Subsection (b).

(e) An offense under Subsection (a)(1), (2), (3), (4), (7), (8), or (9) is a felony of the third degree. An offense under Subsection (a)(10) is a state jail felony. An offense under Subsection (a)(5) or (6) is a Class A misdemeanor.

(f) It is a defense to prosecution under this section for the possession of a chemical dispensing device that the actor is a security officer and has received training on the use of the chemical dispensing device by a training program that is:

(1) provided by the Commission on Law Enforcement Officer Standards and Education; or

(2) approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety.

(g) In Subsection (f), "security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 918, ch. 342, Sec. 15, eff. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. 457, Sec. 2, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4831, ch. 852, Sec. 2, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(47), eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 229, Sec. 2, eff. Sept. 1, 1991; Renumbered from Penal Code Sec. 46.06 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 1071, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 1035, Sec. 2.01, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch. 1278, Sec. 7, eff. September 1, 2005.

Acts 2011, 82nd Leg., R.S., Ch. 920, Sec. 2, eff. September 1, 2011.

So, if TPWD said it was going to vote for it to be lawful to hunt rats with a nuclear weapon ...

[Originalist]

[/quote]

http://www.statutes.legis.state.tx.us/D ... /PE.46.htm" onclick="window.open(this.href);return false;

Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:

(8) a chemical dispensing device;

Does this mean that regular people can not carry OC/Mase as it is a chemical dispensing device?

[RPB]

http://www.statutes.legis.state.tx.us/D ... /PE.46.htm" onclick="window.open(this.href);return false;

Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:

(8) a chemical dispensing device;

Does this mean that regular people can not carry OC/Mase as it is a chemical dispensing device?

http://www.statutes.legis.state.tx.us/D ... /PE.46.htm" onclick="window.open(this.href);return false;

Definitions
(14) "Chemical dispensing device" means a device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being.

So, a "regular person" can carry >>> a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being.

OC/Mace is ok .. But a regular person may not carry a "large" one don't get the 4 gallon riot control backpack tank and sprayer size ...... and no germ warfare type stuff ... but anything described by the "other than" is specifically ok, like OC sprays pepperblasters mace etc, in small personal protection sizes..