Announcement

Collapse
No announcement yet.

? TX made suppressors

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    #16
    Originally posted by AntlerCollector View Post
    I think if you went the form 1 route and stamped “made in Texas.” Then it’s the same thing. I don’t think it has a chance of getting approved though.

    If you file any kind of form and pay the tax then you have accomplished nothing.


    Sent from my iPhone using Tapatalk Pro

    Comment


      #17
      Originally posted by Spearchunker View Post
      It seams to be a grey area.

      Can or can't I get a suppressor without out the stamp?

      Is any manufacturer selling as such?

      I have applied ..but I'm sick of waiting lol.
      The law has not taken effect. Part of the law says that if a person intends to manufacture a Texas only suppressor, he has to file a notice of intent to manufacture with the Texas Attorney General who then has to seek a judgment in federal court.

      AG Paxton received such a notification and filed a federal lawsuit against the ATF Director in February, 2022. This is all spelled out in the actual Texas law and not just someone’s opinion.

      This is that section of the law:

      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.


      In June this year came the landmark decision by SCOTUS in Bruen which said that it was a fundamental right of self defense to carry a handgun.. even if it requires a license.

      In September AG Paxton amended the lawsuit in light of the Bruen decision.

      The case is pending in the federal court in the Northern District of Texas. The presiding federal judge in the lawsuit is going to be (unless it changes) Mark Puttman. Pittman recently ruled that the Texas law allowing people who were 21 or older to constitutional carry, was in itself unconstitutional to adults 18-20 years old. As adults they have the right of constitutional carry just like a 21 year old does.

      That ruling is under appeal. L

      IF Paxton and Texas get a favorable ruling from that federal court (which seems likely in my opinion), you can expect it to be appealed immediately to the Fifth Circuit Court in New Orleans.

      No matter the ruling from the Fifth Circuit, it will likely be sent for a request for certiorari (review) from the Supreme Court.

      So…..

      There is no gray area. The law has not taken effect. That law specifically requires a federal court ruling in order to take effect. Either way, it will still not be a gray area. Either Texas will win it’s case (in 2-4 years) and the Texas only suppressors will be legal or Texas will lose and the law will never take effect.

      Imo…….

      Comment


        #18
        Originally posted by Mike D View Post
        If you file any kind of form and pay the tax then you have accomplished nothing.


        Sent from my iPhone using Tapatalk Pro


        Well you’ve accomplished getting in line for your legal suppressor. So there’s that.


        .
        Last edited by AntlerCollector; 11-24-2022, 05:45 AM.

        Comment


          #19
          Originally posted by Texas Pride View Post
          What about the Form1. Same deal? "I made it in TX?

          I have been reading about the Form1 process of building one myself.
          I think you missed out on that. Just keep that check handy

          Sent from my SM-G970U using Tapatalk

          Comment


            #20
            Originally posted by tvc184 View Post
            The law has not taken effect. Part of the law says that if a person intends to manufacture a Texas only suppressor, he has to file a notice of intent to manufacture with the Texas Attorney General who then has to seek a judgment in federal court.

            AG Paxton received such a notification and filed a federal lawsuit against the ATF Director in February, 2022. This is all spelled out in the actual Texas law and not just someone’s opinion.

            This is that section of the law:

            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.


            In June this year came the landmark decision by SCOTUS in Bruen which said that it was a fundamental right of self defense to carry a handgun.. even if it requires a license.

            In September AG Paxton amended the lawsuit in light of the Bruen decision.

            The case is pending in the federal court in the Northern District of Texas. The presiding federal judge in the lawsuit is going to be (unless it changes) Mark Puttman. Pittman recently ruled that the Texas law allowing people who were 21 or older to constitutional carry, was in itself unconstitutional to adults 18-20 years old. As adults they have the right of constitutional carry just like a 21 year old does.

            That ruling is under appeal. L

            IF Paxton and Texas get a favorable ruling from that federal court (which seems likely in my opinion), you can expect it to be appealed immediately to the Fifth Circuit Court in New Orleans.

            No matter the ruling from the Fifth Circuit, it will likely be sent for a request for certiorari (review) from the Supreme Court.

            So…..

            There is no gray area. The law has not taken effect. That law specifically requires a federal court ruling in order to take effect. Either way, it will still not be a gray area. Either Texas will win it’s case (in 2-4 years) and the Texas only suppressors will be legal or Texas will lose and the law will never take effect.

            Imo…….
            Now that's informative! Much appreciated.

            Comment


              #21
              Originally posted by Walker View Post
              It's not Grey. State law does not trump federal law.

              Reason number 73 to Texit ASAP.


              Sent from my iPhone using Tapatalk

              Comment


                #22
                Originally posted by AntlerCollector View Post
                Well you’ve accomplished getting in line for your legal suppressor. So there’s that.


                .

                But that wasn’t the question from the OP.

                By filing an F1 you just paid the tax and registered it with the feds, so in the spirit of this discussion it’s irrelevant that it’s made in Texas.


                Sent from my iPhone using Tapatalk Pro

                Comment


                  #23
                  Originally posted by Walker View Post
                  It's not Grey. State law does not trump federal law.
                  Tell California that, then get them to comply.

                  Comment


                    #24
                    This video was just posted a couple of hours ago.

                    This channel is by a lawyer from CA but he is a 2A proponent and follows gun rights cases from around the country.

                    He does not go deep into the explanation with Texas law because he does not have to. His issue is looking at the case as it has been filed in federal court.

                    After various briefs from AG Paxton for Texas and also from ATF, this appears to be the ATF’s current argument. First the plaintiffs (people from Texas trying to build unlicensed suppressors) have no standing. Standing is where you have a lawful right to complain because your rights have been violated. ATF says that the plaintiffs from Texas either have to apply with ATF to build a suppressor without a license or they have to violate the law or at the very least, make the statement that they intend to break the law. It is kind of like, until you break the law and risk jail, we don’t have to answer.

                    Their other main argument is that a suppressor is not in itself a firearm or a functioning part of a firearm (trigger, barrel, etc) so not a 2A issue.

                    According to this attorney both Texas and ATF met with the judge on November 9 or a couple of weeks ago. It seems like both sides will accept a summary judgment. That pretty much means that, instead of a full-blown trial, in front of a jury, both sides will simply accept the judge’s opinion and then go from there. As this lawyer says, no matter which side loses, you can expect an appeal to the Fifth Circuit. I suspect that is why neither side wants a long drawn out trial, because no matter what, they know where it is going to end up.

                    He did not mention it, but the obvious next and last step is the Supreme Court. What this lawyer did close with was that since the hearing was on November 9 and since it will probably go to a summary judgment, the outcome should be coming fairly rapidly.

                    Maybe by the end of the year we will see which side wins and then forwards the case to the Fifth Circuit.

                    Comment


                      #25
                      Originally posted by RifleBowPistol View Post
                      Tell California that, then get them to comply.
                      Comply with what?

                      Comment


                        #26
                        ? TX made suppressors

                        Originally posted by tvc184 View Post

                        Their other main argument is that a suppressor is not in itself a firearm or a functioning part of a firearm (trigger, barrel, etc) so not a 2A issue.
                        …. To keep and bear ARMS…..

                        The 2A doesn’t say firearms as I read it.

                        Carry on the discussion!






                        Sent from my iPhone using Tapatalk
                        Last edited by Bill; 11-26-2022, 10:03 AM.

                        Comment


                          #27
                          I know of a couple manufacturers selling them with no paperwork out of the Houston area. I know of a guy in Lufkin that apparently sells them as well. I personally would not own one, but with that said I have one legal suppressor and I never even use it. When hunting I ain’t shooting much and I hate the extra weight and length

                          Comment


                            #28
                            Originally posted by Bill View Post
                            …. To keep and bear ARMS…..

                            The 2A doesn’t say firearms as I read it.

                            Carry on the discussion!
                            You are correct but the problem is that you are correct.

                            Arms are not defined in the Second Amendment. Article III, Sec. 2 of the United States Constitution says that if any question about the Constitution arises, they get to settle it.

                            Anything that is not specifically defined in law whether a city ordinance up to the Constitution, is left open to interpretation by a judicial body. In this case that judicial body is the Supreme Court or any inferior courts until it reaches the Supreme Court or they refuse the case and allow the lower court decision to stand.

                            Arms are not defined in the Second Amendment so ultimately the US Supreme Court gets to decide. It doesn’t matter what I think, you think, a TBH consesus or a Facebook poll.

                            Personally I hope that most gun laws are ruled unconstitutional except in their actual use in a crime. Unfortunately they didn’t mention me in the Constitution.

                            Comment


                              #29
                              All good points.


                              Sent from my iPhone using Tapatalk

                              Comment

                              Working...
                              X