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Old 09-01-2021, 08:53 AM   #1
Bh_liberty
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Default New Suppresser Law in Texas

Did the new law actually go into effect?


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Old 09-01-2021, 09:06 AM   #2
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Yes it went into effect today but its a meaningless law and does absolutely nothing. Federal Law will always trump any state law on suppressors....
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Old 09-01-2021, 09:13 AM   #3
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What exactly does it allow for?
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Old 09-01-2021, 09:14 AM   #4
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So I canít go down to my local shop and buy a made in Texas Suppressor today?


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Old 09-01-2021, 09:17 AM   #5
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So I canít go down to my local shop and buy a made in Texas Suppressor today?


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I dont think that you will find a place that is willing to do that. It is still ATF regulated whether we like it or not. This law will change nothing. Its not like weed.
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Old 09-01-2021, 09:20 AM   #6
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So I canít go down to my local shop and buy a made in Texas Suppressor today?


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no you 100% can from my understanding. My point is even if you do that if the feds want to come in and bend you over they will and what Texas says is allowed will mean absolutely nothing.

Here's a story for you. Someone I knew had a restraining order out on an ex biz partner due to them being bi-polar. On that restraining order the State judge in her handwriting wrote "you are allowed to own and posses firearms and ammunition to protect yourself". However the ex-biz partner filed a restraining order against her in retaliation. Fast forward 6 months and some things popped off between them again and it resulted in search warrants getting served. The same girl that had a state judge write she is allowed to posses firearms was charged with federal firearms violations bc she was a "prohibited person" due to her having a restraining order out against her. The feds always win and the system is broken.

Point of the story is that you can go buy whatever you want but if you are ever caught in a bad situation the feds will have your balls in their hands bc their laws always trump state laws and there isnt a dang thing you can do about it. To me just get the stamp and sleep easy at night.
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Old 09-01-2021, 09:28 AM   #7
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Originally Posted by Bh_liberty View Post
So I canít go down to my local shop and buy a made in Texas Suppressor today?


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No FFL who doesn't want to lose their license will sell you a suppressor.

Nothing will change until the law goes through the courts
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Old 09-01-2021, 09:29 AM   #8
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If anyone finds a suppressor shop willing to risk their federal license to sell a suppressor under the new rules, please post on here.

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Old 09-01-2021, 09:32 AM   #9
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If anyone finds a suppressor shop willing to risk their federal license to sell a suppressor under the new rules, please post on here.

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I won't even be looking. That's not a hill I care to die on personally.
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Old 09-01-2021, 09:41 AM   #10
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Thought I read somewhere a gun shop in Houston somewhere was going to sell them without the stamp. Can’t recall the name though
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Old 09-01-2021, 09:56 AM   #11
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From what I understand is about this is. Texas is feeling they are on firm ground with the argument of the Feds being able to and do regulate interstate commerce. A can that is made in Texas and stays in Texas should not be interstate regulated. I believe that is the premise they are going with. I hope it happens and all is needed is a 4473 to acquire a can. But I do not think the feds will let it happen because it will give Texas more independence...and THAT. They are against.
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Old 09-01-2021, 10:05 AM   #12
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Originally Posted by Reaper33 View Post
Yes it went into effect today but its a meaningless law and does absolutely nothing. Federal Law will always trump any state law on suppressors....
Isnít pot illegal?
A lot of states say it isnít.
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Old 09-01-2021, 10:22 AM   #13
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From what I understand is about this is. Texas is feeling they are on firm ground with the argument of the Feds being able to and do regulate interstate commerce. A can that is made in Texas and stays in Texas should not be interstate regulated. I believe that is the premise they are going with. I hope it happens and all is needed is a 4473 to acquire a can. But I do not think the feds will let it happen because it will give Texas more independence...and THAT. They are against.
Problem is getting one sold to you by the ffl until the law is cleared & we get a kitchen pass directly from ATF...no way am I sticking my neck out to violate federal law if ATF tells me this TX law has no standing. I'm certain the manufacture wouldn't sell them to me being an 01 as well till clarified.

I just don't see ATF letting this cash cow move forward...they aren't gonna let barn door open & lose $200 per transfer.
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Old 09-01-2021, 10:22 AM   #14
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Isnít pot illegal?
A lot of states say it isnít.
Selective enforcement with the Feds. If they donít like a law, they ignore it. If they donít like a constitutional right, they also ignore it.
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Old 09-01-2021, 10:26 AM   #15
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Originally Posted by 6.5 shooter View Post
Isnít pot illegal?
A lot of states say it isnít.
It sure is and I see your point but just saying something still wont stop the feds from doing you dirty every chance they get. My point is that its high risk right now to have a suppressor without the stamp. I like the direction we are headed but there is more that needs to be vetted out prior to me rolling the dice on my freedom.
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Old 09-01-2021, 10:45 AM   #16
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Originally Posted by howabouttheiris View Post
If anyone finds a suppressor shop willing to risk their federal license to sell a suppressor under the new rules, please post on here.

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Do they even need an FFL to make and sell them under the new law in Texas? Just curious.
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Old 09-01-2021, 10:51 AM   #17
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Default New Suppresser Law in Texas

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Originally Posted by 6.5 shooter View Post
Isnít pot illegal?
A lot of states say it isnít.

Yeah but the feds donít issue distributorís licenses for dispensers

A buddy is a gun manufacturer and got a letter from ATF that basically said if you want to keep your ffl donít think about it...

Now of a guy made them that didnít have ffl and cans werenít serialized I think could be an interesting scenario


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Old 09-01-2021, 10:55 AM   #18
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Tax money tax money tax money. Weed crops up tax money. If TX would charge a $300 tax…send $200 to Fed…pocket $100…a blind eye would be turned. Hell…sweeten the pot…$350 tax…$250 to Fed and $100 to TX. Thatd be $50 more to Fed than normal and at a faster rate…they might even give Texas the keys to Afghanistan…or a lazy reach around.

Fight in court or fight en mass.
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Old 09-01-2021, 10:57 AM   #19
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Originally Posted by Reaper33 View Post
It sure is and I see your point but just saying something still wont stop the feds from doing you dirty every chance they get. My point is that its high risk right now to have a suppressor without the stamp. I like the direction we are headed but there is more that needs to be vetted out prior to me rolling the dice on my freedom.
from what i read of it ... someone can make a can in TX and have it and local leo should leave you alone on it .. per texas law it's legal ...

on the other hand a ATF or federal agent could come after you ... not that they would ... much like pot is legal in some states , but feds could still come after you... they don't ...

personally i've never had a cop even looking at any of my nfa items . they can't even confiscate them theoretically as if they took possession of it , they would be committing a federal crime ...

so the only thing i see right now is as far as texas is concerned this is not a regulated item needing a license to manufacture or possess in tx ...

i can see people starting to make kits , so it's not finished product under federal law and therefore not regulated then people assembling them themselves ... allowing them to have a made in texas can in TX with no repercussions at least at the local level

now if you get arrested , no telling if local leo would turn you into the feds and bring federal charges then ... they could!.

it would be cool if machine shops made individual parts ... just buy the parts you need , assemble and mind your own business ... sure smells like FREEDOM!
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Old 09-01-2021, 11:17 AM   #20
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Who will be the first guinea pig?

AATTORNEY GENERAL. On written notification to
the attorney general by a United States citizen who resides in this
state of the citizen ís 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.

Reading the bill's explanations it seems that anyone or any business that intended to make or manufacture a Texas Made suppressor must first notify and get permission from the Texas AG who will then take it thru federal courts to get a ruling. This will be the path to the SCOTUS for final say.
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Old 09-01-2021, 12:09 PM   #21
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Originally Posted by 6.5 shooter View Post
Isnít pot illegal?

A lot of states say it isnít.
But the DEA isn't prosecuting. The ATF will.

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Old 09-01-2021, 07:29 PM   #22
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[QUOTE=Artos;15788358

I just don't see ATF letting this cash cow move forward...they aren't gonna let barn door open & lose $200 per transfer.[/QUOTE]

Doesn't that happen though if you set up a trust? You pay for the stamp once and thats it. The item is never taxed again as long as it stays in the trust.
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Old 09-02-2021, 08:07 AM   #23
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Originally Posted by muzzlebrake View Post
Who will be the first guinea pig?

AATTORNEY GENERAL. On written notification to
the attorney general by a United States citizen who resides in this
state of the citizen ís 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.

Reading the bill's explanations it seems that anyone or any business that intended to make or manufacture a Texas Made suppressor must first notify and get permission from the Texas AG who will then take it thru federal courts to get a ruling. This will be the path to the SCOTUS for final say.
Yes but the way the law is written and as you noted, there is no guinea pig needed.

Someone has to apply and then the Texas AG is required to get a positive ruling in federal court. In effect, no one risks anything until there is a positive ruling in federal court.

And until then, the law is not in effect.
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Old 09-02-2021, 08:09 AM   #24
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Originally Posted by Bh_liberty View Post
Did the new law actually go into effect?


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Did the new law go into affect? Yes.

Can you legally buy a Texas suppressor tomorrow? No.

The law set up a sequence of events for the law to come into effect.
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Old 09-03-2021, 05:19 AM   #25
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Originally Posted by Reaper33 View Post
Yes it went into effect today but its a meaningless law and does absolutely nothing.

Sounds like the "no texting while driving" wanna be law they passed a few years ago- what a waist of time & ink- from what I'm seeing on the roadways anyways.
I think most took it as a law requiring playing with phone while driving.


As far a suppressors are concerned, Marijane is still illegal federally too, ain't stopping plenty of states of snubbing that law.
Of course it will be a different set of feds come a knocking for you evil gun owners.
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Old 09-03-2021, 06:06 AM   #26
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Heard the Taliban is selling good US models for cheap.
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Old 09-03-2021, 10:00 AM   #27
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Originally Posted by mmoses View Post
No FFL who doesn't want to lose their license will sell you a suppressor.

Nothing will change until the law goes through the courts
No FFL who isnít a fan of a prison sex will sell you a suppressor *
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Old 09-03-2021, 10:12 AM   #28
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Doesn't matter. We should all be contacting reps, and .gov officials etc to show support and ask for strengthening of bills like this.

Many states have recently enacted similar and even stronger laws. This could be a stepping stone if we would all unite.
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Old 09-03-2021, 08:13 PM   #29
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The ATF directly warned Texas FFL Dealers that a "Texas made suppressor" is not exempt from the NFA laws. As NFA regulations associated with suppressors does not specify that it must travel in interstate commerce.
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Old 09-03-2021, 08:15 PM   #30
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All right Iím gonna need someone to nut up and be 001.


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Old 09-03-2021, 10:46 PM   #31
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The ATF directly warned Texas FFL Dealers that a "Texas made suppressor" is not exempt from the NFA laws. As NFA regulations associated with suppressors does not specify that it must travel in interstate commerce.
Sooo just pay a tax stamp or pay the stamp and wait?
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Old 09-04-2021, 12:16 AM   #32
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In before the ATF nags someone to commit an obscure crime then kills their entire family?
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Old 09-04-2021, 08:22 AM   #33
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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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Old 09-04-2021, 10:49 AM   #34
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Default New Suppresser Law in Texas

Federal law still says marijuana is illegal but they donít enforce it in states that have legalized weed. That said, dealers of NFA items are licensed through the Federal Govít so not sure any would be willing to test the waters?


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Old 09-04-2021, 01:15 PM   #35
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Federal law still says marijuana is illegal but they donít enforce it in states that have legalized weed. That said, dealers of NFA items are licensed through the Federal Govít so not sure any would be willing to test the waters?


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The 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 canít 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 marijuanaÖ..

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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Old 09-04-2021, 02:42 PM   #36
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The 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 canít 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 marijuanaÖ..

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 youíre saying, you misinterpreted my post. I never tried to say that the fact they donít 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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Old 09-04-2021, 04:46 PM   #37
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Any TEXAS LEO or Judge has a duty to give a suspect the heads up just like they (demoncraps) did for criminal the Illegal Aliens !

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Old 09-04-2021, 05:03 PM   #38
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While I completely understand what youíre saying, you misinterpreted my post. I never tried to say that the fact they donít 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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I think the letter that the ATF sent to every Texas FFL pretty much sums up their stance on the issue.

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Old 09-04-2021, 05:07 PM   #39
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All right Iím gonna need someone to nut up and be 001.


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All you.

Just donít drop the soap afterwords
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Old 09-04-2021, 07:00 PM   #40
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Originally Posted by kae006 View Post
While I completely understand what youíre saying, you misinterpreted my post. I never tried to say that the fact they donít 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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Old 09-04-2021, 07:41 PM   #41
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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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Old 09-04-2021, 07:49 PM   #42
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It 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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Old 09-04-2021, 08:18 PM   #43
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It 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.
Could happen and to some extent I think it already has. Does Jan, 6 2021 ring a bell? How about G. Floyd?
Agendas?

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Old 09-04-2021, 08:23 PM   #44
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Originally Posted by M16 View Post
It 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.
Could happen and to some extent I think it already has. Does Jan. 6, 2021 ring a bell? How about G. Floyd?
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Old 09-06-2021, 09:20 AM   #45
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It 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.
Proof! Hunter Biden is on video snorting Coke and was booted out of the military for being a drug addict yet he still bought a handgun, lied on the 4473 and was never arrested and prosecuted by the ATF or anyone else. This is selective prosecution for you. Lying on a 4473 is punishable by up to 5 years in federal prison.
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Old 09-06-2021, 10:31 AM   #46
muddyfuzzy
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Originally Posted by Reaper33 View Post
Yes it went into effect today but its a meaningless law and does absolutely nothing. Federal Law will always trump any state law on suppressors....

Like it does with weed?


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