Originally posted by cbrown
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New Suppresser Law in Texas
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Below is the letter from the ATF regarding HB975.
Texas Open Letter:
The passage of Texas House Bill 957 (HB957), with an effective date of September 1, 2021, has generated questions from industry members as to how this state law may affect them while engaged in a firearms business activity. HB957 claims to exempt silencers (also known as suppressors) that are manufactured in Texas, and which remain in Texas, from Federal firearms laws and regulations, including the federal registration requirements. However, because HB957 directly conflicts with federal firearms laws and regulations, federal law supersedes HB957. In summary, all provisions of the Gun Control Act (GCA) and the National Firearms Act (NFA), including their corresponding regulations, continue to apply to FFLs and other persons in Texas.
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New Suppresser Law in Texas
Federal law still says marijuana is illegal but they don’t enforce it in states that have legalized weed. That said, dealers of NFA items are licensed through the Federal Gov’t so not sure any would be willing to test the waters?
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Originally posted by kae006 View PostFederal law still says marijuana is illegal but they don’t enforce it in states that have legalized weed. That said, dealers of NFA items are licensed through the Federal Gov’t so not sure any would be willing to test the waters?
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The federal government does not issue licenses to sell illegal drugs. And even though they simply refuse to prosecute, there is no license to give it exemption to. That is not the same with an FFL where a license does exist.
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Originally posted by tvc184 View PostThe marijuana argument is a moot point. First and foremost is prosecutor discretion. Any government can simply choose not to prosecute. It is like making an argument that you can’t get a speeding ticket because the police in the same town do not force the seatbelt law. So you were standing in front of the judge after getting a ticket for going 50 miles an hour in a 30 mph zone. The judge asks you to make a plea if you say not guilty of speeding because the cop did not give me a seatbelt ticket. It is continually brought up again and again though, but what about marijuana…..
The federal government does not issue licenses to sell illegal drugs. And even though they simply refuse to prosecute, there is no license to give it exemption to. That is not the same with an FFL where a license does exist.
While I completely understand what you’re saying, you misinterpreted my post. I never tried to say that the fact they don’t enforce federal marijuana laws would be a defense to prosecution for violating a firearms law. I merely mused as to whether or not the Feds would choose to actively prosecute a violation of federal law regarding suppressors or if they would allow the states to handle it themselves. In that context, it is fair to compare to marijuana laws.
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Originally posted by kae006 View PostWhile I completely understand what you’re saying, you misinterpreted my post. I never tried to say that the fact they don’t enforce federal marijuana laws would be a defense to prosecution for violating a firearms law. I merely mused as to whether or not the Feds would choose to actively prosecute a violation of federal law regarding suppressors or if they would allow the states to handle it themselves. In that context, it is fair to compare to marijuana laws.
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Originally posted by kae006 View PostWhile I completely understand what you’re saying, you misinterpreted my post. I never tried to say that the fact they don’t enforce federal marijuana laws would be a defense to prosecution for violating a firearms law. I merely mused as to whether or not the Feds would choose to actively prosecute a violation of federal law regarding suppressors or if they would allow the states to handle it themselves. In that context, it is fair to compare to marijuana laws.
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"The federal government does not issue licenses to sell illegal drugs."
But it does require a tax stamp for anyone to possess said drugs. That's what makes it illegal
Taken from an excerpt of the NORML act, passed years ago in effort to trap sellers of illegal drugs.
The DEA and BATFE are separate law enforcement departments within the US Govt. And obviously a federal law enforcement can elect to disregard enforcing their own laws at their discretion. So therefore, it will be up to your discretion which federal laws you wanna break. Pick your poison!
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Originally posted by M16 View PostIt becomes a problem when law enforcement selectively enforces laws. What's to say that they won't enforce laws against democrats but will against republicans? Oh wait! never mind.
Agendas?Last edited by locolobo; 09-04-2021, 06:22 PM.
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Originally posted by M16 View PostIt becomes a problem when law enforcement selectively enforces laws. What's to say that they won't enforce laws against democrats but will against republicans? Oh wait! never mind.
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Originally posted by M16 View PostIt becomes a problem when law enforcement selectively enforces laws. What's to say that they won't enforce laws against democrats but will against republicans? Oh wait! never mind.
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