HPA will pre-empt state law

[Exonautic]

correct me if i'm wrong, but to pre-empt state law means that any state law that further regulates or taxes suppressors will basically be deemed in-effective with the passing of the HPA. In both the end of the house and senate versions of the HPA, the pre-emption clause is made clear and this is my understanding of it. does this mean suppressors in New York, regardless of Kim-Jung Cuomo.

 

[Exonautic]

Text - H.R.367 - 115th Congress (2017-2018): Hearing Protection Act of 2017
S.59 - 115th Congress (2017-2018): Hearing Protection Act of 2017

 

[MikeyCNY]

We would also need threaded barrels.... does the HPA include that?

 

[ArmedCorgi]

Doesn't matter. Here in NYS Cuomo will just declare a sanctuary state for unconstitutional laws.

 

[Exonautic]

We would also need threaded barrels.... does the HPA include that?

On AR's, my first thought went to a nice 308 bolt gun with a can. but im sure the case would be made that the restriction on threaded barrels would also be something that would be addressed.

 

[GOPerfect]

Law of a State or a political subdivision of a State, shall have no force or effect.

 

[spat]

We would also need threaded barrels.... does the HPA include that?

Not necessary. While they are the most obvious way to attach a suppressor, they are far from the only one.

If this passed, I would have a camlock groove machined into a barrel and a threaded adapter permanently attached to a suppressor before the ink was dry on Trump's signature.

 

[GOPerfect]

I was going to add also, echo Spat a bit, there are a few different ways to attached a can without threads.

 

[GUNSICK]

3 lug adapter pinned and welded.

There is also the option of integrally suppressed which is the first thing I'm going to do with a 10/22 or 77/22

 

[stuck in ny]

Finally the right has figured out to use the same tactics as the left. Our rights are guaranteed at the federal level in the US constitution.

 

[stuck in ny]

Here's a wild idea; the constitution preempts state law!

 

[Eddie Gunks]

Here's a wild idea; the constitution preempts state law!

^^^^^^^^

 

[Uninformed and Compliant]

If that bill passes, cobb one of these onto it for the double-win.

 

[ProgSpear]

Betcha these guys could whip up something like a clamp on 3 lug or something...

Witt Machine

 

[stuck in ny]

Betcha these guys could whip up something like a clamp on 3 lug or something...

Witt Machine

Maby clamp inbetween the rings of the GB or something?

 

[GUNSICK]

 

[C3D]

The bill does not preempt NYS law on the subject. Silencers will still be illegal here even if HPA passes.

 

[Marine Cpl]

Threaded barrels would not need to be addressed. You'd be able to put a silencer on a bolt, pump, lever gun, or fixed mag semi auto.

The threaded barrel would still be a banned feature for a semi automatic that accepts detachable magazines in regards to making a so-called assault weapon.

But as Spat has said, there is more than one way to attach a silencer if you want to do so on a semi auto that accepts detachable magazines.

 

[Marine Cpl]

The bill does not preempt NYS law on the subject. Silencers will still be illegal here even if HPA passes.

How so? Unless I'm reading this wrong.

SEC. 4. PREEMPTION OF CERTAIN STATE LAWS IN RELATION TO FIREARM SILENCERS.

Section 927 of title 18, United States Code, is amended by adding at the end the following: “Notwithstanding the preceding sentence, a law of a State or a political subdivision of a State that, as a condition of lawfully making, transferring, using, possessing, or transporting a firearm silencer in or affecting interstate or foreign commerce, imposes a tax on any such conduct, or a marking, recordkeeping, or registration requirement with respect to the firearm silencer, shall have no force or effect.”.

 

[C3D]

How so? Unless I'm reading this wrong.

SEC. 4. PREEMPTION OF CERTAIN STATE LAWS IN RELATION TO FIREARM SILENCERS.

Section 927 of title 18, United States Code, is amended by adding at the end the following: “Notwithstanding the preceding sentence, a law of a State or a political subdivision of a State that, as a condition of lawfully making, transferring, using, possessing, or transporting a firearm silencer in or affecting interstate or foreign commerce, imposes a tax on any such conduct, or a marking, recordkeeping, or registration requirement with respect to the firearm silencer, shall have no force or effect.”.

Only covers state restrictions on obtaining possession such as local registration, not state criminalization of possession.

 

[stuck in ny]

Only covers state restrictions on obtaining possession such as local registration, not state criminalization of possession.

How so? Unless I'm reading this wrong.

SEC. 4. PREEMPTION OF CERTAIN STATE LAWS IN RELATION TO FIREARM SILENCERS.

Section 927 of title 18, United States Code, is amended by adding at the end the following: “Notwithstanding the preceding sentence, a law of a State or a political subdivision of a State that, as a condition of lawfully making, transferring, using, possessing, or transporting a firearm silencer in or affecting interstate or foreign commerce, imposes a tax on any such conduct, or a marking, recordkeeping, or registration requirement with respect to the firearm silencer, shall have no force or effect.”.

 

[Trauma47645]

We would also need threaded barrels.... does the HPA include that?

TRI-Lug adapter.. FTWMF!!

 

[Marine Cpl]

I think @C3D is correct. If you read it carefully, it is saying that the taxing of silencers as a condition for making, transferring, using, possessing, or transporting is illegal.

It is just saying that you cannot tax it nor require registration for it no matter what local laws say. It makes no mention of making the actual silencer legal or immune from being declared illegal.

Read it carefully piece by piece.

 

[gun_slinger_boy]

I'd be excited about this as the next guy. My house would become a silencer manufacturing plant but... HPA has to go through first. No sense in getting overly excited quite yet.

 

[Jmac00]

Here's a wild idea; the constitution preempts state law!

BWHAHAHAHA what state do you live in

 

[C3D]

I think @C3D is correct. If you read it carefully, it is saying that the taxing of silencers as a condition for making, transferring, using, possessing, or transporting is illegal.

It is just saying that you cannot tax it nor require registration for it no matter what local laws say. It makes no mention of making the actual silencer legal or immune from being declared illegal.

Read it carefully piece by piece.

Reason this preemption piece is included in the legislation is a number of states--such as Florida--in the state law only makes a suppressor legal if the NFA tax has been paid in accordance with federal law. It is intended to override these provisions but not to make suppressors legal in states where they are not.

 

[gun_slinger_boy]

I think @C3D is correct. If you read it carefully, it is saying that the taxing of silencers as a condition for making, transferring, using, possessing, or transporting is illegal.

It is just saying that you cannot tax it nor require registration for it no matter what local laws say. It makes no mention of making the actual silencer legal or immune from being declared illegal.

Read it carefully piece by piece.

Reason this preemption piece is included in the legislation is a number of states--such as Florida--in the state law only makes a suppressor legal if the NFA tax has been paid in accordance with federal law. It is intended to override these provisions but not to make suppressors legal in states where they are not.

Yeah it's pretty easy to follow

 

[Exonautic]

"as a condition of lawfully making, transferring, using, possessing, or transporting a firearm silencer."

I think this kind of covers all your bases. It outlines in the preemption clause at the end, conditions of ownership and operation. Would this not be negating a states ability to make it illegal.

 

[Exonautic]

Also, for the threaded barrels. Just buy a threaded barrel, and have a silencer adapter pinned and welded on at the end.

 

[Marine Cpl]

"as a condition of lawfully making, transferring, using, possessing, or transporting a firearm silencer."

I think this kind of covers all your bases. It outlines in the preemption clause at the end, conditions of ownership and operation. Would this not be negating a states ability to make it illegal.

No. All it's saying is that it cannot be taxed as a condition for ownership.