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Texas Deregulates Suppressors, or Did It?

Texas10

Back in June I started a thread about Texas Governor signing into law several new gun laws, one of which makes it easy to carry a sidearm without a concealed carry permit. Almost unnoticed was the fact that he also signed into law HB 957 which, stated simply made it legal to make and buy a suppressor in Texas, by a Texas resident, without the paperwork and fees required by ATF.

I deleted that thread because I was finding conflicting information on what exactly HB 957 was and if it had anything to do with suppressors. As it turns out, it does, but that's as far as the good news goes. Among the provisions in HB 957 is the defunding of any law enforcement office that attempts to enforce laws regarding owning and manufacturing suppressors in Texas.

thetexan.news

State Legislature Exempts Texas-Made Suppressors From Federal Gun Laws

To skirt the commerce clause of the U.S. Constitution, the bill would free suppressors made in Texas from federal regulation.
thetexan.news thetexan.news

If you read the attached bill without falling asleep, (extra points for you) here is the short version.....DON'T BELIEVE IT! And you Texans best not buy a suppressor marked MADE IN TEXAS without filling out ATF paperwork and paying the tax!!!

This bill is just a vehicle for Texas AG Ken Paxton to file another lawsuit against the Feds alleging that the ATF overstepped its authority back in 1934 when suppressors became regulated under the National Firearms Act. Paxton is hoping to join 20 something other states in filing this lawsuit and hoping to expedite it to SCOTUS and that they will agree. It has but one purpose and that is to gain re election for Paxton, Abbott and his core acolytes, and as such will likely fail like so many other like laws have.

It's anybody's guess what SCOTUS will do should this suit ever reach the court, but for now, just ignore it and carry on as before.

I would love to shoot suppressed, and so would my (failing) hearing, but for now the cost and complexity of buying a suppressor far outweighs the cost of ear protectors.

Shoot straight and be safe!
 
It's like marijuana, legal in several states but illegal substance under federal law (also a tax statute). In those states, the FBI can still arrest you for possession of it but no local cop or sheriff will. So, unless you happen to be so unfortunate as to use your Texas made suppressor in front of an ATF agent, your likely to be OK.
 
Nothing will happen till September 1st.... If it passes that's when it will go into law.... I hope so myself , been waiting but there's nothing being said really.... I still can't believe constitutional carry passed....
 
If federal law, such as immigration laws and enforcing our border, can be ignored by the feds and elected officials, then states should be allowed to write laws that allow things that federal laws deems illegal legal, for example suppressors, marijuana and such.

These items should be legal within the state as long as the items covered are written into law don't cross a their borders.

With suppressors that is what the law passed by Texas legislators covers as long the item stays within the boundaries of the state.

I'm sure there are plenty of up and coming federal agents representing the ATF are chopping at the bits waiting to bust individuals in order to make a name for themselves.

It will be interesting to see what happens after September 1st when the law goes into effect here in Texas.
 
No state can declare something legal which the feds say is illegal. States cannot contravene federal laws. Marijuana is no more (or less) legal in one state than another. It’s just that some states have chosen not to enforce federal law. Similar to the “sanctuary city” thing.
 
Tommie said:
No state can declare something legal which the feds say is illegal. States cannot contravene federal laws. Marijuana is no more (or less) legal in one state than another. It’s just that some states have chosen not to enforce federal law. Similar to the “sanctuary city” thing.
Click to expand...
Those who are selling pot in states where it's been legalized are probably meeting their obligations to pay the taxes on their income at the federal level, that's why there has been no pushback or unleashing of the goon squads to shut down the dispensaries.
 
I've got 7 suppressor's (all 100% legally tax stamped). Being a Native Texan, I applaud the Texas legislature as well as Governor Abbott for passing & signing the Bill into Law.
Saying that, I want to see Greg Abbott and Dan Paxton prove the legalities of this new State Law before I would be willing to chance 10 years of my Life, as well as the loss of all my 2nd Amendment Rights because they are just wanting to stick their middle finger's toward the A-Hole's in the BATFE and Washington D.C..

I have never minded paying a $200 tax stamp fee on a suppressor, but it should be like buying a Federal Duck Stamp for hunting duck's - Over the Counter. Legal citizen's shouldn't have to wait long periods in order to buy a stamp. If you can pass a background check to buy a firearm, you ought to be able to buy a muffler for it without waiting.
 
Txhillbilly said:
I've got 7 suppressor's (all 100% legally tax stamped). Being a Native Texan, I applaud the Texas legislature as well as Governor Abbott for passing & signing the Bill into Law.
Saying that, I want to see Greg Abbott and Dan Paxton prove the legalities of this new State Law before I would be willing to chance 10 years of my Life, as well as the loss of all my 2nd Amendment Rights because they are just wanting to stick their middle finger's toward the A-Hole's in the BATFE and Washington D.C..

I have never minded paying a $200 tax stamp fee on a suppressor, but it should be like buying a Federal Duck Stamp for hunting duck's - Over the Counter. Legal citizen's shouldn't have to wait long periods in order to buy a stamp. If you can pass a background check to buy a firearm, you ought to be able to buy a muffler for it without waiting.
Click to expand...
Could not have said it any better.

I too have a registered and taxed device. These should have been legalized when there was a chance to do so a couple of years ago, but our so called representatives let us down.
 
Kings X said:
I am an FFL holder in Texas. Got a letter from AFT to clarify Texas rules.
Bottom line - the Federal Goverment is the ruling body over Suppessors. What States do doesn’t over rule the Federal Government. Nothing has changed.
Click to expand...
I got the same E-mail, I'm a 07 ffl, you make it without the proper ATF paperwork, federal offence, gray bar
hotel here you go.
 
I am attaching a copy of the letter Texas AG Ken Paxton sent to FFL's in Texas (according to the ffl I spoke to) regarding the new suppressor law. It says Texas FFL's should ignore this state law and continue to follow Federal Laws with respect to suppressors. Note that nowhere on the letter does the Texas AG seal appear, or Ken Paxton's name. I find that quite interesting....
 

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Kings X said:
I am an FFL holder in Texas. Got a letter from AFT to clarify Texas rules.
Bottom line - the Federal Goverment is the ruling body over Suppessors. What States do doesn’t over rule the Federal Government. Nothing has changed.
Click to expand...

Our good Governor put his politicians hat on and signed it into law.. It was a smoke and mirrors move to try and make it look like he is standing up for us. I think he is in trouble during the next election cycle and he knows it. He is just trying to do something but instead he is marching in place.
 
I think it's more of an in your face move to let the Federal Government know that we don't agree with the NFA altogether. Things are going to change in a big way soon. With election audit challenges happening the landscape could change a lot sooner rather than later. Any way you cut it 2022 midterms will be a bloodbath for democrats and their authoritarian approach to our freedoms.
In the mean time I wouldn't get to rambunctious about defying Federal regulations.
 
This would be especially stupid for anyone have an FFL. Get caught and ATF will come in and confiscate everything you own and then go to your house. For others who want to build their own, you will also lose anything to do with firearms and never be able to own another, along with a good jail sentence. You will be deemed a terrorist.

Do this and you should just lay down on your back, spread you legs high in the air and shout, take me I am yours.

And OH yes, you can be sure that the state will come in and rescue you.
 
I’m fairly sure this exact issue was run thought the courts a few years ago (in Kansas, maybe?) and the end result was that the federal law still applies.
 
I really wouldn't bet on this but I suspect that the constitutional wizards have looked this
over from one end to the other and have determined that the Federal Government does
not have the constitutional right to regulate the ownership of said suppressor. I think this is headed to the SCOTUS and the Federal Government may lose. The question is, who
wants to be first in line for the test. It may be all about Federal Government overstepping their bounds.
 
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