Quote:
Originally Posted by ICU 812
A friend just told me, and I guess it is so: Texas has legalized firearms suppressors, and Gov Abbot has directed state law enforcement agencies to ignore Federal law regarding these silencers.
So thet must make Texas a "Suppressor Sanctuary State".
The principle is the same. One cannot be legal and not the other as well.
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The most recent update to Texas suppressor law - which is superceded by Federal law controlling suppressors.
The
National Firearms Act (
NFA),
73rd Congress, Sess. 2, ch. 757, 48
Stat. 1236, enacted on June 26, 1934, currently codified as amended as
I.R.C. ch. 53, is an
Act of Congress in the United States that, in general, imposes a statutory
excise tax on the manufacture and transfer of
certain firearms and mandates the registration of those firearms. The Act was passed shortly after the repeal of
Prohibition. The NFA is also referred to as
Title II of the Federal firearms laws. The
Gun Control Act of 1968 ("GCA") is Title I.
All transfers of ownership of registered NFA firearms must be done through the National Firearms Registration and Transfer Record (the "NFA registry").
[2] The NFA also requires that the permanent transport of NFA firearms across state lines by the owner must be reported to the
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Temporary transports of some items, most notably suppressors, do not need to be reported.
Silencers are Not Prohibited Weapons in Texas
New Texas law, HB 1819, addresses key components regarding possession of a silencer.
In Texas, it is legal to possess a firearm sound suppressor, or silencer, if you meet the requirements set fourth under Texas law. HB 1819 does nothing to change this. What HB 1819 does do is ready the state for the possible change in federal silencer laws. Texas legislatures are hopeful that changes in federal law will make silencers available for purchase under the same conditions as one would purchase a firearm. HB 1819 prepares state law for this potential change at the federal level.
Currently, the Texas Penal Code requires that silencers are registered with the Bureau of Alcohol, Tobacco, Firearms, & Explosives (BATF). This is because the federal National Firearm Act requires it. BATF registration is quite an ordeal. There is currently a nine-month approval process and $200 in fees that registration applicants face. However, the federal law referred to as “Hearing Protection Bill,” may change that. The bill would exempt silencers from ATF registration and remove silencers from the requirements of the National Firearm Act. This means that a person, under federal law, would not have to go through the lengthy and expensive BATF registration process.
If the Hearing Protection Bill is passed before the Texas Legislature meets again, people wanting to purchase silencers will not have to register with BATF under federal law, but would still have to register with BATF under Texas law or face a possible felony charge. That is the problem that HB 1819 addresses. If the law passes at the federal level, HB 1819 makes it so Texas would no longer require BATF registration as well.
HB 1819 only allows further ease of access to silencers. Again, note that silencers are currently legal in Texas as long as:
- You are not a convicted felon, not under investigation for family violence, and not diagnosed with a mental illness;
- You register the silencer in the National Firearms Registration; and
- Send a record of silencer purchase to ATF.
AUSTIN, Texas (May 10, 2019) – On Friday, the Texas House passed a bill that would decriminalize firearm sound suppressors under state law and end some state enforcement of federal laws regulating them in the Lone Star State.
Rep. Tom Oliverson (R-Houston), along with a bipartisan coalition of three cosponsors, introduced House Bill 2286 (
HB2286) on Feb. 25. Under the proposed law, state agencies could not adopt any rule, order, ordinance, or policy to enforce a federal statute, order, rule, or regulation that purports to regulate a firearm suppressor that does not exist under the laws the state. It would also repeal a provision in current state law making it an offense to possess, manufacture, transport, repair or sell a firearm suppressor unless it is registered by the National Firearms Registration and Transfer Record.
On May 10, the House passed HB2286
by a 92-46 vote.
As originally introduced, the legislation would have effectively ended all state enforcement of federal laws relating to firearms sound suppressors, but an amendment on the House floor would allow law enforcement agents to enforce such laws “if the officer is cooperating with an agent of the federal government as a member of a task force.” This opens up a huge loophole. In effect, state and local law enforcement officers would continue to fully participate in the enforcement of “silencer” regulations. Joint federal-state task forces are the norm, not the exception.
The Senate should reconsider this amendment language.
Suppressors simply muffle the sound of a gun. They do not literally silence firearms. Nevertheless, the federal government heavily regulates silencers under the National Firearms Act. The feds charge a $200 tax on the purchase of the devices. Buying one also requires months-long waits after filing extensive paperwork with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.
The repeal of state suppressor restrictions in Texas would not alter federal law, nor would it end federal enforcement, but it would remove a layer of law hindering access to these harmless devices. The widespread easing of suppressor regulation would subtly undermine federal efforts to unconstitutionally regulate firearms. As Texas activist Tom Glass put it, “It would not stop feds from attempting to enforce, but at least it would get Texas law right.”
As we’ve seen with marijuana and industrial hemp, a federal regulation becomes ineffective when states ignore it and pass laws encouraging the prohibited activity. Or when the state decriminalizes and people start ignoring the federal prohibition without any further state “permission” to do so.
Either way, the federal government lacks the enforcement power necessary to maintain its ban in such a climate, and people will increasingly take on the risk of federal sanctions if they know the state will not interfere. This increases when the state actively encourages “the market.”
Less restrictive state gun laws such as HB2286 can have a similar impact on federal gun laws. It will make it that much more difficult for the feds to enforce federal gun control, should the people defy it, and increase the likelihood that states with few limits will simply refuse to cooperate with future federal enforcement efforts.
State actions like HB2286 lower barriers for those wanting to the option of defending themselves with firearms and encourage a “gun-friendly” environment that would make federal efforts to limit firearms that much more difficult.
I am not sure if the Bill passed the Senate and was signed by Gov Abbott. In the absence of confirmation - I would assume Not.
Listening to a "Friend" on complex legal matters such as this could get one 5-20 years in Federal Prison if caught with an unregistered suppressor and convicted of the offense in Federal court.
The "Principle" regarding "sanctuaries" is absolute BS propagated by a deluded DPST.
No way are People and Supressors equivalent.
Unless You DPST's give apes and suppressors voting rights!!!!
My apologies - did not intend to hijack thread.
at you YR 
