User Panel
Posted: 7/28/2021 2:38:50 PM EDT
Hopefully, this isn't a dupe.
Letter pretty much says that even though TX passed a law creating a TX-only silencer category exempt from Federal law, the ATF says the GCA still overrules that. I figured this was coming and a setup for a legal challenge. |
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They sent out "weed is still illegal" letters to other states too, right?
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Quoted: They sent out "weed is still illegal" letters to other states too, right? View Quote Attached File |
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Quoted: Letter pretty much says that even though TX passed a law creating a TX-only silencer category exempt from Federal law, the ATF says the GCA still overrules that. I figured this was coming and a setup for a legal challenge. View Quote Overturn Roe vs. Wade at the federal level and push it back to the states; do same with GCA. |
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There is no legal challenge. Federal law supersedes State law.
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Quoted: Federal law has to derive from somewhere. What part of the Constitution gives the government the power to regulate intrastate commerce? View Quote View All Quotes View All Quotes Quoted: Quoted: There is no legal challenge. Federal law supersedes State law. Federal law has to derive from somewhere. What part of the Constitution gives the government the power to regulate intrastate commerce? The same part where the .gov gives two fucks what you think about them deriving power from the Constitution. They don't give a fuck. |
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Quoted: Overturn Roe vs. Wade at the federal level and push it back to the states; do same with GCA. View Quote Negative. States should not have the right to chose which or what portions of the Constitution will be supported or modified at their discretion. Every state in the union should be held to the covenants of the second amendment. Period. Not open to interpretation by individual states. It’s not a State’s Rights issue. It is a country wide constitutional one. Equal to all citizens. Period. |
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Watch out weed dealers and illegal immigrants. Feds mean business.
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Quoted: 10th amendment to the US Constitution. Read it. View Quote View All Quotes View All Quotes Quoted: Quoted: There is no legal challenge. Federal law supersedes State law. 10th amendment to the US Constitution. Read it. Yo..tards... It is a constitutional issue. Period. States do not get to decide to support it or not. |
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Wait I can make a silencer in Texas , and the Texas law enforcement won't give a shit cause it's state legal ?
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Yep! Just got one for Missouri too.
Says the same thing. Federal law still applies to firearms and NFA. I'm sure all the state licensed weed shops and Catholic charities got cease and desist letters telling them to quit selling illegal weed and harboring illegal aliens. |
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Quoted: Federal law has to derive from somewhere. What part of the Constitution gives the government the power to regulate intrastate commerce? View Quote But whether the Constitution really be one thing, or another, this much is certain - that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case it is unfit to exist. -Lysander Spooner 1870 (i.e. this is not a new problem...) |
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My problem with this all is some peaceful 2a law abiding citizen is going to get caught up in this pissing match and get slapped with felony . He'll lose his rights and spend time in prison over the Feds wanting to flex. Unless Texas is willing to kick the ATF and FBI out of the state, you're rolling the dice and they're stacked against you.
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Quoted: Quoted: Quoted: There is no legal challenge. Federal law supersedes State law. I agree with both. They can if they chose to. Unfortunately a fact is that is the way it is. Fucking federal govt should be taken to task over it also. Either enforce it as written or concede it needs a re evaluation and brought up to date. IMO..not enforcing it and allowing it to continue should place the federal govt in default and they lose the right to regulate it at the state level or are forced to change the classification. |
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I believe this was always anticipated when the law was conceived and now passed. The idea was to get the ATF to say the law goes against Fed law so TX could challenge it through the courts and preferable wind up at the USSC. I'm not sure if someone has to be a sacrificial lamb for this to happen.
Besides, this is TX. I'm sure someone out there right now is saying, "Oh yeah! Well fuck them! I'm making a TX silencer and let them come for me!" |
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Quoted: so the feds gonna go after weed then huh? View Quote View All Quotes View All Quotes Quoted: Quoted: There is no legal challenge. Federal law supersedes State law. so the feds gonna go after weed then huh? They do when they want to make a federal case. https://www.cbsnews.com/news/marijuana-seized-california-billion-drug-bust-illegal-cultivation/ |
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They said the same thing to Kansas in 2012 after we passed our 2nd amendment protection act.
Our law even stipulated that that the state DOJ is obligated to assist any Kansan who gets the fed's attention. One man sits in jail because he made Kansas legal suppressors, and Kansas DOJ basically wrote a sternly worded letter in his defense. |
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Quoted: They said the same thing to Kansas in 2012 after we passed our 2nd amendment protection act. Our law even stipulated that that the state DOJ is obligated to assist any Kansan who gets the fed's attention. One man sits in jail because he made Kansas legal suppressors, and Kansas DOJ basically wrote a sternly worded letter in his defense. View Quote Wasn’t there some bs that went on with trumps doj on this? |
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Any FFL holder who thinks they are going to operate as an FFL Holder as well as deal in "Made in Texas" unregistered silencers is going to have a seriously bad time, particularly when they have their first compliance inspection.
Any hope for "non-compliance" of what people view as unconstitutional overreach is going to mostly stem from the larger populace refusing to comply, not "dealers". I would personally implore anyone who is considering non-compliance to think it through much further than just the law. How did you feel about non compliance prior to this law, and what actually changes on account of this law. A lot of overlap contextually with pistol braces. For fundamental reasons, this will be handled much differently than pot, unfortunately. Be smart. Freedom is a mindset, after all. |
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Quoted: They said the same thing to Kansas in 2012 after we passed our 2nd amendment protection act. Our law even stipulated that that the state DOJ is obligated to assist any Kansan who gets the fed's attention. One man sits in jail because he made Kansas legal suppressors, and Kansas DOJ basically wrote a sternly worded letter in his defense. View Quote But some Kansas politicians got to thump their chests, pat each other on the the back, and tell everyone how much they love guns so it was a win for them. |
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Quoted: There is no legal challenge. Federal law supersedes State law. View Quote Except the federal government has no authority over guns, see 2nd Amendment. The federal government also has no authority over intrastate commerce, only interstate commerce. If that doesn't satisfy you, please point it out in the appropriate Constitution Article where Congress has the authority to restrict guns specifically, if it's not there the 10th Amendment applies. |
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Quoted: Federal law has to derive from somewhere. What part of the Constitution gives the government the power to regulate intrastate commerce? View Quote Uh, The Commerce Clause? Followed by several court cases, among them Wickard v Filburn The Supreme Court believed the activity at issue in Wickard "exerts a substantial economic effect on interstate commerce:" |
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Quoted: in "legal" states? View Quote Absolutely. The risk assessment needs to be viewed as a game of numbers. Unfortunately, you don't get to decide whether or not you draw the ire of people in the government who want to absolutely fuck you over. Sure, if you have a "made in Texas" suppressor on your ranch in BFE in Texas, only use it for hunting, and don't draw any attention you'll probably never have to worry about it. But you'd probably never have to worry about it prior to this bill, either. But what happens when one of these winds up either in Mexico, or another state, and the feds say "fuck it" and pursue the manufacturer, and to cover their ass they turn over a list of anyone and everyone who ever bought from them? |
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Quoted: I agree with both. They can if they chose to. Unfortunately a fact is that is the way it is. Fucking federal govt should be taken to task over it also. Either enforce it as written or concede it needs a re evaluation and brought up to date. IMO..not enforcing it and allowing it to continue should place the federal govt in default and they lose the right to regulate it at the state level or are forced to change the classification. View Quote View All Quotes View All Quotes Quoted: Quoted: Quoted: Quoted: There is no legal challenge. Federal law supersedes State law. I agree with both. They can if they chose to. Unfortunately a fact is that is the way it is. Fucking federal govt should be taken to task over it also. Either enforce it as written or concede it needs a re evaluation and brought up to date. IMO..not enforcing it and allowing it to continue should place the federal govt in default and they lose the right to regulate it at the state level or are forced to change the classification. only time the govt has given up power is when they let a private company control the money supply |
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Quoted: But some Kansas politicians got to thump their chests, pat each other on the the back, and tell everyone how much they love guns so it was a win for them. View Quote View All Quotes View All Quotes Quoted: Quoted: They said the same thing to Kansas in 2012 after we passed our 2nd amendment protection act. Our law even stipulated that that the state DOJ is obligated to assist any Kansan who gets the fed's attention. One man sits in jail because he made Kansas legal suppressors, and Kansas DOJ basically wrote a sternly worded letter in his defense. But some Kansas politicians got to thump their chests, pat each other on the the back, and tell everyone how much they love guns so it was a win for them. They even got voted back into office. Could have been worse, we could have gotten new york style gun laws after Sandy hook. Instead we got arguably the best gun laws in the nation. |
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Quoted: Any FFL holder who thinks they are going to operate as an FFL Holder as well as deal in "Made in Texas" unregistered silencers is going to have a seriously bad time, particularly when they have their first compliance inspection. Any hope for "non-compliance" of what people view as unconstitutional overreach is going to mostly stem from the larger populace refusing to comply, not "dealers". I would personally implore anyone who is considering non-compliance to think it through much further than just the law. How did you feel about non compliance prior to this law, and what actually changes on account of this law. A lot of overlap contextually with pistol braces. For fundamental reasons, this will be handled much differently than pot, unfortunately. Be smart. Freedom is a mindset, after all. View Quote well said |
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Quoted: The same part where the .gov gives two fucks what you think about them deriving power from the Constitution. They don't give a fuck. View Quote View All Quotes View All Quotes Quoted: Quoted: Quoted: There is no legal challenge. Federal law supersedes State law. Federal law has to derive from somewhere. What part of the Constitution gives the government the power to regulate intrastate commerce? The same part where the .gov gives two fucks what you think about them deriving power from the Constitution. They don't give a fuck. Well, when "We the People" sit back and let them fuck us over non stop, and then continue to reelect them, why would they give a fuck? |
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They just won’t be sold at FFLs, more like feed and hardware stores. Hopefully it become so big that they won’t be able to stop it, like prohibition and weed.
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