HB957 - ATF response on TX made Suppressors

[camoclad]

NFA items are not legal… UNLESS….. you have paid the required federal tax. Any police officer in Texas who sees a person in possession of an NFA item, on the face of it is witnessing a crime. The article you posted agrees with that. The headlines of the article do not but in the body of the report, it completely agrees that it is an incumbent upon the possessor of the NFA item, to produce the stamp.

In post #29 it says that law enforcement must have probable cause to see the text aunt. The NFA is a probable cause to see a tax stamp because Texas law says that it is illegal.

In post #31 it says that only a federal agent can ask for the tax stamp. The article that you posted from a gun rights organization overtuns that argument.

So I will stick with my opinion in post #36, you do not have to be a federal agent in order to ask to see a tax stamp that makes an NFA item legal. You do not have to be a federal agent to make an arrest for NFA irem because Texas law also has the same crimes listed.

NFA items are legal if you have the required tax stamp and a state licensed police officer has the authority to ask to see that stamp.

So your saying state law has adopted the NFA in state statutory law?

If that's true, didnt the new state law essentially exempt what NFA requires, in state statutory law?

[muzzlebrake]

So your saying state law has adopted the NFA in state statutory law?

If that's true, didnt the new state law essentially exempt what NFA requires, in state statutory law?

Pretty much. Just like the Merryjuana laws in other states already mentioned. It may or may not end up in court. I personally think if it does go to court the feds will prevail. Courts are scared ****less of the alphabet agencies even the SCOTUS. Roberts will side with ATF all the way. Feds have too much on him from the Epstein diaries.

[Quackerbox]

…… however does building your own overcome the required tax stamp?

Yes, but all those laws are federal. Ad mentioned, plenty of states go over that with weed

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[muzzlebrake]

Feds don't enforce the Pot laws because there is nothing in it for them. NFA law is a tax and they never let a good tax get away from them. As I mentioned before IRS would also be all over this too and will never let up on getting their pound of flesh. IRS will prosecute a retired invalid on life support for a 5 dollar bill they think is owed and take his last possession to settle it.

[tvc184]

So your saying state law has adopted the NFA in state statutory law?

If that's true, didnt the new state law essentially exempt what NFA requires, in state statutory law?

It is dual sovereignty. The state can have its laws and the federal government can have its laws.

If Texas wants to remove an NFA item from its prohibited Weapons list, it can. Let’s forget NFA for now. As examples the state removed switchblades from prohibited weapons and then removed any length blade or daggers from an illegally carried weapons. A state absolutely has that right and Texas has done so.
I don’t think that has ever been debated by me or anyone else. Texas can do as it wishes.

The question that gets brought up in several different threads is, if Texas removes an NFA item from its prohibited laws, does that prevent the federal government from enforcing its law? In my opinion I think the answer is clearly no.

The federal law-enforcement can file charges on you for possession of an NFA item without paying the federal tax.

The Texas legislature can make machine guns legal in Texas if they wish. That means a Texas police officer cannot arrest you or a district attorney cannot file charges on you under state law for having a machine gun. The United States attorney absolutely has the authority to file charges on you for possessive that same machine gun that is legal in Texas.

…… unless you can get a federal appeals court to overturn that sovereignty of the United States government and the Constitution. It could happen. The attorney general has already stated his opinion and I believe they will prosecute. Someone needs to step up, be convicted of the felony, probably go to prison and then see if they can get the case to the Supreme Court to overturn it.

[tvc184]

Yes, but all those laws are federal. Ad mentioned, plenty of states go over that with weed

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And that has been brought up time and time again. As you well know it is prosecutorial discretion. Because the DEA does not want to get tied up with a guy possessing a bag of marijuana, do you believe the United States government and in particular the current US Attorney General and president will overlook a firearms law and a tax law?

Can the US government ignore their own law? Absolutely.

Do you think the Biden administration and the current US Attorney General will do so?

[tvc184]

Feds don't enforce the Pot laws because there is nothing in it for them. NFA law is a tax and they never let a good tax get away from them. As I mentioned before IRS would also be all over this too and will never let up on getting their pound of flesh. IRS will prosecute a retired invalid on life support for a 5 dollar bill they think is owed and take his last possession to settle it.

Yes, it does not seem like a hard concept but apparently so.

Maybe the federal government will give in and say, we will just let Texas do what Texas wants to do. Heck, maybe the Texas legislature can say that we no longer have to pay federal income tax and the feds will simply go along with it.

[muzzlebrake]

Someone needs to step up, be convicted of the felony, probably go to prison and then see if they can get the case to the Supreme Court to overturn it.

Surely there is a bubba out there willing to test the water.
Getting it to the SCOTUS won't happen in my lifetime.

[Quackerbox]

Even if someone got arrested. I don't see prison. We can't even keep murderers in jail

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[tvc184]

Even if someone got arrested. I don't see prison. We can't even keep murderers in jail

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In the federal system?

[Quackerbox]

In the federal system?

Only testified in federal court once. It was an assault case that stemmed from a ship full of scrap metal that was bought and sold over the internet.

Never in fed Court for murder. 3 or 4 times a year locally

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[trophy8]

NFA items are not legal… UNLESS….. you have paid the required federal tax. Any police officer in Texas who sees a person in possession of an NFA item, on the face of it is witnessing a crime. The article you posted agrees with that. The headlines of the article do not but in the body of the report, it completely agrees that it is an incumbent upon the possessor of the NFA item, to produce the stamp.

In post #29 it says that law enforcement must have probable cause to see the text aunt. The NFA is a probable cause to see a tax stamp because Texas law says that it is illegal.

In post #31 it says that only a federal agent can ask for the tax stamp. The article that you posted from a gun rights organization overtuns that argument.

So I will stick with my opinion in post #36, you do not have to be a federal agent in order to ask to see a tax stamp that makes an NFA item legal. You do not have to be a federal agent to make an arrest for NFA irem because Texas law also has the same crimes listed.

NFA items are legal if you have the required tax stamp and a state licensed police officer has the authority to ask to see that stamp.

Your opinion is bull**** on a technicality and you know it.

NFA items are LEGAL when they are registered. Well no ****ing ****. Illegal NFA items are illegal. What a *******!

I never said you had to be a federal agent to request to see them. I understand why that was brought up. And YOU are making it sound like you’re perfectly ok with an officer arresting a guy you more than likely know is in possession of a legal NFA item. He shows you his paperwork and you’re gonna leave him alone right?

Your responses are why people have an issue with police and showing them anything. And don’t take that as I’m not a Leo supporter. I support them ALL.



Here’s a question. Do you support and agree with citizens owning machine guns, suppressors, SBRs, destructive devices, etc so long as they are legal? If not then why? And don’t get back on the bull**** that they aren’t legal. That’s false and you know it. They are legal when registered. You admitted this. Article proves it.

[muzzlebrake]

Even if someone got arrested. I don't see prison. We can't even keep murderers in jail

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I agree at the state level but with the FED it's a whole different ballgame. They never let go of any firearm related stuff and will go above and beyond to hang yo butt.

[Ætheling]

Your opinion is bull**** on a technicality and you know it.

NFA items are LEGAL when they are registered. Well no ****ing ****. Illegal NFA items are illegal. What a *******!

I never said you had to be a federal agent to request to see them. I understand why that was brought up. And YOU are making it sound like you’re perfectly ok with an officer arresting a guy you more than likely know is in possession of a legal NFA item. He shows you his paperwork and you’re gonna leave him alone right?

Your responses are why people have an issue with police and showing them anything. And don’t take that as I’m not a Leo supporter. I support them ALL.



Here’s a question. Do you support and agree with citizens owning machine guns, suppressors, SBRs, destructive devices, etc so long as they are legal? If not then why? And don’t get back on the bull**** that they aren’t legal. That’s false and you know it. They are legal when registered. You admitted this. Article proves it.

You know whats up. Obvious on every thread I have seen him/her post on. Chomping at the bit to exercise that authority.

[trophy8]

You know whats up. Obvious on every thread.

Sarcasm gettin thick


Ah. Makes sense on the edit