TN Hearing Protection Act

[slobhunter2]

Seen in the newspaper this has passed and heading to Governor for his signature, what does it actually accomplish?

 

[lpreddick]

I believe it allows someone who can legally pass the background check and purchase a firearm to purchase a silencer with same background check. It will be registered to the purchaser same as a firearm and be treated as same. I can hardly wait!!!

 

[ED3]

When signed into law it will make TN the 42nd, (or 43rd?) state of 50 to remove the prohibitions of state law to obtain a suppressor/ silencer.
The NFA regulations and procedures ($200 tax stamp,etc) remain in effect.

 

[savagedasher]

It funny that hearing protection is a state law . And you can't use it when shooting competition .
First time the government is ahead of shoot sport. lol Larry

 

[JRS]

When signed into law it will make TN the 42nd, (or 43rd?) state of 50 to remove the prohibitions of state law to obtain a suppressor/ silencer.
The NFA regulations and procedures ($200 tax stamp,etc) remain in effect.

AFAIK, suppressors have always been legal in TN for hunting and recreation. The bill is designed to allow the purchase in TN without having to pay for the Federal tax stamp.

 

[Comrade Terry]

The bill is designed to allow the purchase in TN without having to pay for the Federal tax stamp.

Good luck with that idea. I hope the Tennessee legislators aren't that naïve.

 

[mongo chicago]

A state cannot create a law that bypasses a federal law. They can create more restrictive ones. SO they will still have to fork up the two hundred dollars.

 

[ED3]

AFAIK, suppressors have always been legal in TN for hunting and recreation. The bill is designed to allow the purchase in TN without having to pay for the Federal tax stamp.

After further reading, I find at least 3 interpretations of the new law.
While I disagree with your assessment, I fully acknowledge I don't know what it means.
It may, or may not mean the same as most of the other recent state level changes in the country.
Not being a resident of TN, I don't have a dog in the hunt.

 

[JRS]

A state cannot create a law that bypasses a federal law. They can create more restrictive ones. SO they will still have to fork up the two hundred dollars.

Tell that to the State Legislators in the states in which marijuana can be legally grown, sold and used. It is against Federal Law. The gun free school zones act is another good example. If the bill gets final approval, suppressors can legally be manufactured and sold in TN, sans the Federal Tax. The bill will amend the Internal Revenue Code, and eliminate the transfer tax.

Edit: Federal registration would no longer be required as part of state law. "The states retain the right to reasonable legislation". This is a health and safety issue, and as such, is most certainly "reasonable".

 

[MClark]

With the state marijuana laws it is so far the Feds have chosen not to enforce. Just a word from the President or head of DEA and they get shut down, possibly all assets seized under RICO.
I would not want to be the test case for a suppressor with no Fed tax stamp.
However if the federal hearing protection act passes the state laws give clarification of the law at state level.

 

[JRS]

Tennessee chose the right time to implement this. Hopefully, they will succeed, and other states will follow

 

[mongo chicago]

If the federal law changes to allow states to do this, that is fine. But the states cannot legally circumvent the federal law. If they do and the feds choose to ignore it, that's another matter. I thought we were talking LEGALITIES. The original federal gun free school zone act was unconstitutional per the supreme court. Also, there is a lot of legislation that goes unenforced. Still, states cannot legally circumvent a federal law.

 

[slobhunter2]

Thanks for the replies, I am still unsure about what it actually does until federal laws are changed.

 

[tmwinds]

I am still unsure about what it actually does until federal laws are changed.

It does nothing until federal laws change, which hopefully will be soon.

 

[tripdad]

It does nothing until federal laws change, which hopefully will be soon.

Amen, waiting with great anticipation for the fed law, probly will not make it cause, murders could be quieter, like they can't use one now cause it's illegal.LOL

 

[Ray B]

So did I read the postings correctly in that firearms are "registered" in Tennessee? and that the suppressors would also be registered?

 

[XTR]

No, firearms are not registered in TN.

I love the internet. People would rather read BB rantings rather than actually looking to the source documentation.

All TN is doing is removing the state restrictions on silencers. Currently the language in the TN law says that they are illegal but allows people who have a silencer that is registered with the federal government under the NFA, to have an affirmative defense for their possession.

Under Tennessee Code Title 39 - Criminal Offenses
Chapter 17 - Offenses Against Public Health, Safety and Welfare
Part 13 - Weapons
39-17-1302 - Prohibited weapons.

http://law.justia.com/codes/tennessee/2010/title-39/chapter-17/part-13/39-17-1302

It is illegal to own a silencer. (go read it)

Section (b) of the code goes on to say that :
(b) It is a defense to prosecution under this section that the person's conduct:
...
(7) Involved acquisition or possession of a sawed-off shotgun, sawed-off rifle, machine gun or firearm silencer that is validly registered to the person under federal law in the National Firearms Registration and Transfer Records. A person who acquires or possesses a firearm registered as required by this subdivision (b)(7) shall retain proof of registration...

...


TN is just getting rid of the State prohibition.

 

[Intell]

I would guess that he meant, a normal background check like purchaseing a firearm new from a store. For some reason, I think you knew what he meant to start with. Cute

 

[rebel]

Guys, On a national level,HPA's intent is to remove silencers/suppressors from the NFA registry. What it would mean if passed is that silencers would be treated as a firearm, no $200 stamp. Fill out a 4473, approval, pay and go home with it.
It's as simple as that.

 

[XTR]

Guys, On a national level,HPA's intent is to remove silencers/suppressors from the NFA registry. What it would mean if passed is that silencers would be treated as a firearm, no $200 stamp. Fill out a 4473, approval, pay and go home with it.
It's as simple as that.

We are discussing the Tennessee Law that just passed, not the one in the US Congress. Different animals. Go read my prior post.