TN Hearing Protection Act

[Midnightmedic]

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.

Really, Millions of people smoking POT legally in about a half dozen states and it's federally illegal !!!!

 

[rebel]

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

My bad. Disregard my post sir.

 

[ED3]

Really, Millions of people smoking POT legally in about a half dozen states and it's federally illegal !!!!

I look forward(not really) to hearing of the first Tennesseean taking possession of a suppressor from a Class 3 dealer without first doing the paperwork, paying the $200 tax, and the can doing time in suppressor jail....all because of this new legislation.

 

[slobhunter2]

I will be glad when the federal law is changed, the long wait time & extra tax sucks.

 

[misfire]

I look forward(not really) to hearing of the first Tennesseean taking possession of a suppressor from a Class 3 dealer without first doing the paperwork, paying the $200 tax, and the can doing time in suppressor jail....all because of this new legislation.

I personally don't see any class 3 dealer taking the chance of issuing a suppressor without all the federal paperwork we've always had even if they are legal in Tennessee

 

[Milo 2.0]

I personally don't see any class 3 dealer taking the chance of issuing a suppressor without all the federal paperwork we've always had even if they are legal in Tennessee

Bingo, betting your state gov will defend or protect your livelihood if the BATF gets involved risky at best.

 

[ED3]

I will be glad when the federal law is changed, the long wait time & extra tax sucks.

Not only that, suppressors, while potentially complex designs, could be easy to build. I look forward to the '80%' kits hitting the market, once they are removed from the NFA, or better still, but less likely - the NFA goes away.

 

[shortgrass]

I personally don't see any class 3 dealer taking the chance of issuing a suppressor without all the federal paperwork we've always had even if they are legal in Tennessee

I agree with misfire,,, just who would risk taking a trip to the federal courthouse, having their FFL pulled, loss of their business, expenses for legal representation, heavy fines and possible jail time just to "test" state law against federal law? Especially with the federal hearing protection act in the works in Washington.......

Not only that, suppressors, while potentially complex designs, could be easy to build. I look forward to the '80%' kits hitting the market, once they are removed from the NFA, or better still, but less likely - the NFA goes away.

I don't think the NFA will ever "go away". There's just too much lack of information/myth/out right fear from the general public about the items that are regulated by the NFA.

 

[Milo 2.0]

I don't think the NFA will ever "go away". There's just too much lack of information/myth/out right fear from the general public about the items that are regulated by the NFA.

Let's not forget the revenue generated also.

 

[shortgrass]

Let's not forget the revenue generated also.

I'd say there's not much revenue generated from the $200 transfer tax. That amount probably only covers the background checks and associated paper work. Government can't seem to do the same things that its citizens can do for less $$$$. Remember, since May of '86 there are no 'new' machineguns available for sale to the general public. Most of the items on the NFA list don't change hands nearly as often as those that are not.

 

[MGYSGT]

Everyone is saying, it means nothing until the Feds remove the restrictions. I know you are probably right, but what about the states that passed legalized Pot. It is still forbidden by the Feds???????????????

 

[shortgrass]

Everyone is saying, it means nothing until the Feds remove the restrictions. I know you are probably right, but what about the states that passed legalized Pot. It is still forbidden by the Feds???????????????

I'd bet the chief LEO and Governors of those states aren't sleeping nearly as well as they were before Jan. 20th. , 2017.

 

[misfire]

I was told by a friend of mine that works in the industry the buzz at SHOT show was even if the hearing protection act passes it'll be two years before anything is done and they'll never give up the $200 application
His advice was if you want a spresser go ahead and get it now and get the paperwork out of the way and hope that you get your money back later because if they do become available like handguns they're going to become very scarce very fast

 

[XTR]

What you guys are missing is that under the existing law TN could have charged someone in possession under TN law, because the state can't charge you under federal law, they would have had to recommend that charge to the feds. Now the state is just taking that statute off of the books so any charges will have to be Federal

 

[Larryh128]

I'd say there's not much revenue generated from the $200 transfer tax. That amount probably only covers the background checks and associated paper work. Government can't seem to do the same things that its citizens can do for less $$$$. Remember, since May of '86 there are no 'new' machineguns available for sale to the general public. Most of the items on the NFA list don't change hands nearly as often as those that are not.

It takes less than 5 minutes to complete a background check on anyone in the system, Actually some would be in seconds, not minutes. The paper work is what takes the time.

 

[shortgrass]

It takes less than 5 minutes to complete a background check on anyone in the system, Actually some would be in seconds, not minutes. The paper work is what takes the time.

Ya' Larry,,,,, but anything the government does costs us tax payers $40-$50 a minute.

 

[pikespeakgoat]

What you guys are missing is that under the existing law TN could have charged someone in possession under TN law, because the state can't charge you under federal law, they would have had to recommend that charge to the feds. Now the state is just taking that statute off of the books so any charges will have to be Federal

So is it possible that what the Governor signed is in anticipation of the federal HPA passing?

I ask because my take on Colorado law is that if HPA passes at the federal level, suppressors will become illegal if they are no longer NFA items...... this is due to the fact that Colorado prohibits suppressor possession unless you have NFA stamp.

It appears that Colorado and Tennessee seem similar, in that both states, possession of NFA items under federal law is affirmative defense of current state prohibitions.

 

[tripdad]

In regards to suppressers becoming scarce if fed HPA did pass, if regulated like a fire arm, you can build one for yourself as long as you dont transfer. They are pretty simple to build, ton videos on utube on how to, from hydrolic filters oil filter, heck the old stand by, plastic bottel tapped to end of 22. I personally live in Alabama so I'll wait to fed law passes to equip my fire arms

 

[XTR]

So is it possible that what the Governor signed is in anticipation of the federal HPA passing?

I ask because my take on Colorado law is that if HPA passes at the federal level, suppressors will become illegal if they are no longer NFA items...... this is due to the fact that Colorado prohibits suppressor possession unless you have NFA stamp.

It appears that Colorado and Tennessee seem similar, in that both states, possession of NFA items under federal law is affirmative defense of current state prohibitions.

I think this is the point here, if the Federal prohibition is removed then there is no defense against the state charge.

 

[dellet]

The State vs Fed angle has already been tested in Kansas. Did no work out so well, but at least the State stepped up and helped defend both the manufacturer and buyer that were arrested. This helped the Judge in his decision for a light sentence.

http://bigstory.ap.org/article/fdbe...n-case-pits-federal-law-against-states-rights

The Kansas law was modeled after the Montana law that did make it to the supreme court.



"Kansas modeled its law on the Montana Firearms Freedom Act, which the Court of Appeals for the Ninth Circuit has found to be invalid, according to court filings.

State firearm nullification laws, or firearms freedom acts as they are sometimes called, have been signed into law in nine states. In addition to Montana and Kansas, other states with them include Alaska, Arizona, Idaho, South Dakota, Tennessee, Utah and Wyoming, according to Everytown For Gun Safety, which advocates common-sense gun control laws.

The legal maneuvering comes against the backdrop of President-elect Donald Trump's election following a campaign that made gun rights a rallying cry for his supporters. A new U.S. attorney general will also be in place at the Justice Department.

And in another twist, the man who helped write the state's gun law — Kansas Secretary of State Kris Kobach — is now a potential pick for a job in the Trump administration. Kobach has called this case "a perfect example of a prosecution that should never occur."

Sentencing is set for Feb. 6."