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HB957 - ATF response on TX made Suppressors

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    #76
    I think the way the law reads, it does not actually go into effect on September 1. I thought there was a provision in the law that says after September 1, if a person applies to the AG of Texas to manufacture a suppressor (anything previously made will not be legal), the AG will then get a ruling from a federal judge. I don’t think it will all of a sudden be legal to possess a Texas suppressor on September 1. That day or later will start the ball rolling but nothing will be legal until a judge rules that it is legal.

    Even then I would not count my chickens because it will almost certainly be appealed immediately to the Fifth Circuit Court in New Orleans.

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      #77
      Fifth Circuit Court in New Orleans is probably the most conservative court in the land. Trump put a lot of picks in that court. Hope for the best.

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        #78
        Originally posted by muzzlebrake View Post
        Fifth Circuit Court in New Orleans is probably the most conservative court in the land. Trump put a lot of picks in that court. Hope for the best.
        The Fifth Circuit definitely seems in my opinion to be a Constitutional court. I am not sure if that makes them conservative or just following the Constitution.

        Remember it was the FC that ruled that a prayer on the public address system at high school football games was unconstitutional (SFISD v. Doe) which was later upheld by the Supreme Court. I would tend to believe that the students (and not the school so not the government) voluntarily picking a student to say a prayer at a football game not during school hours and on public property, would be a conservative opinion. The FC struck that conservative issue down on constitutional grounds.

        The question will be, does the federal government have the authority to tax? Clearly Article I of the Constitution says that they do. In my opinion the fight Texas will have to win is to have the NFA ruled as unconstitutional.

        If nothing else what will harm the Texas case is that it is not interstate commerce so not under the authority of the US Congress. The Texas suppressor law however says that certain parts can come across state lines. That is interstate commerce. So the Texas argument will be that it is made completely within (and stays in) Texas so the federal Congress has no authority. The law itself however says certain parts can come from across state lines. That seems to me to negate the argument that it is completely within Texas. The law basically says, the suppressor is MADE COMPLETELY IN TEXAS….. except for certain parts.

        I wish the NFA would be thrown out entirely but I think that would be a mighty big ruling by the Supreme Court. The problem is that the Supreme Court has tended to shy away from Second Amendment cases. They almost never rule on the 2A and when they have, they have issued very narrow rules not completely saying that any firearm are legal and not completely denying some government control.

        Will this Supreme Court be the one that finally rules one way or the other on the 2A? Remember that a few months ago a potentially huge case was accepted by the Supreme Court over a New York City law that forbids transporting a firearm within city limits. New York seeing that they might lose big time, changed that law. The Supreme Court could have continued to hear the case that might have a huge impact on gun rights and completely negates states gun laws like in New York, New Jersey and and California.. but they didn’t. The Supreme Court dismissed the case saying that New York had rectify the problem. They again kick the can down the road. I think three of the justices wrote a blistering opinion that the case should have been continued no matter what New York did to try to stop it.

        Here comes my opinion again. I read lots of Supreme Court cases and not just a conclusion but how they decide which cases to hear, how they were rule and why. Sometimes they are looking for a case to prove a point one way or the other and they are very selective in that case. In the case that they dismissed, it could have been again a very narrow ruling. In that New York law a New York City resident could’ve driven outside of the city limits and bought a handgun but could not bring it home with him. Even if he intended to have it only in his home he could not have actually brought it there because of New York law. Again the Supreme Court could have issued a very narrow ruling saying that yes they could transport the handgun to their house but never going farther than that. So why was the dismissal significant even though many people would love to have heard the outcome? Because I believe they just accepted another case from New York.

        If this one goes through to a ruling, it might be really big. It is the New York State Rifle and Pistol Association (NYSRPA) v. Corlett. We might soon see how conservative our constitutional this court is. New York has a law that says to get a license much like the Texas LTC, a person must demonstrate a need to even apply and naturally almost nobody ever meets that need. In this case the Supreme Court could rule that a state shall either make constitutional carry legal or shall give people the option to carry with a license. This would negate handgun laws in several states where they basically do not issue a license to carry such as in California and New York. This will have no bearing at all on Texas who has an LTC and our constitutional carry however the big deal aspect of it would be that the Supreme Court has finally said that the right to carry on your person, even if regulated with a license, it’s constitutional and mandatory. OR…. they could go as far as saying that Constitutional carry is mandatory across this country. That would be beyond huge but even a ruling that a state shall issue a handgun license will be very big if it happens.

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          #79
          So what’s the verdict?? Anybody going to be selling these September 1??

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            #80
            Originally posted by Saltaholic View Post
            So what’s the verdict?? Anybody going to be selling these September 1??
            I haven't heard of any current manufacturers or dealers that are.

            Sent from my SM-G970U using Tapatalk

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              #81
              Here is a Texas Dealer

              Comment


                #82
                Originally posted by Huntin View Post
                and I bet ya a dollar they won't be selling them without a stamp.

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                  #83
                  If SCOTUS uses Heller to rule that Congress does not have the authority to tax in accordance to the NFA then that guts the NFA's authority. I don't see SCOTUS doing that.

                  If some brilliant lawyer can come up with an argument to use Heller to take a scalpel to the NFA and cut suppressors out, I could see a Supreme court ruling favorably in that case. I think that will be very hard to do.

                  Legislative action seems more likely to me, and it ain't very likely.

                  Comment


                    #84
                    Originally posted by Saltaholic View Post
                    So what’s the verdict?? Anybody going to be selling these September 1??
                    According to that law, it does not go into effect on September 1. It kind of does but you cannot buy a suppressor made in Texas on September 1.

                    The law says that if an American citizen who lives in Texas makes application to the Texas Attorney General to manufacture such a suppressor then the AG “shall” get a declaratory judgment from a federal judge.

                    By the way that I read the law, it is not going to affect until somebody applies to manufacture the suppressor in Texas under the new law and the AG then goes to Federal court and get a judgment that the law is Constitutional.

                    Looking at the law I do not think you can legally buy a suppressor in Texas until it goes to federal court. Even if the federal court was to uphold it, it will still take such a court ruling for the law to be valid.

                    Notwithstanding someone may have already filed under the new law and the AG might’ve already gone to federal court and gotten such a ruling. I do not know but if that was the case, I think it would be headline news no matter which way the federal court ruled.

                    Comment


                      #85
                      Originally posted by Dale Moser View Post
                      Guinea pig here, who wants to sell me 3? I got cash![emoji16]


                      Sent from my iPhone using Tapatalk

                      Still here, cash in hand….I don’t even need a receipt!


                      Sent from my iPhone using Tapatalk

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