New Texas Suppressor Law A Tenth Amendment Test Case

[Steal2B]

New Texas Suppressor Law A Tenth Amendment Test Case

The law allowing Texans to purchase suppressors made in-state without going through the National Firearms Act is meant to provoke a legal challenge.

bearingarms.com

 

[gun_slinger_boy]

Didn't someone already get jammed up for doing this very thing in another state? Either way to me this means that if you don't have to go through the NFA you should also be able to make your own. Hopefully states keep doing these types of things. This is how you nullify the NFA and ATF. I feel that people will eventually realize they can within reason do whatever the hell they want.

 

[libertysnake]

I mean, many states disregard federal immigration policy. The sword has to cut both ways. You can't allow some violations while ignoring others, otherwise it makes the policies look arbitrary and politically motivated.

 

[libertysnake]

Didn't someone already get jammed up for doing this very thing in another state? Either way to me this means that if you don't have to go through the NFA you should also be able to make your own. Hopefully states keep doing these types of things. This is how you nullify the NFA and ATF. I feel that people will eventually realize they can within reason do whatever the hell they want.

Yeah, but the feds can still enforce federal policy. It's not as though the law says it will prosecute anyone found enforcing the policy. So it does fall somewhat shy of fully protecting such rights.

 

[C3D]

These distractions are fun, but Gonzales v Raich

 

[Steal2B]

These distractions are fun, but Gonzales v Raich

The commerce clause should not apply since the suppressors are to be manufactured in TX and sold in TX and Gonzales v Raich is not on point for a product that is legal under Federal law.

Texas is confident and taunting for a Supreme Court case here.

 

[Acer-m14]

 

[C3D]

The commerce clause should not apply since the suppressors are to be manufactured in TX and sold in TX and Gonzales v Raich is not on point for a product that is legal under Federal law.

Texas is confident and taunting for a Supreme Court case here.

Raich definitively established that Federal preemption applies under the Commerce Clause where Congress has chosen to regulate the area, even against items domestically produced within a state.

And unlike pot, there is no way a suppressor can be entirely produced within the Great State of Texas. If you want to know why:

 

[Acer-m14]

Texas is confident and taunting for a Supreme Court case here.

yes .. read or seen a video mentioning this .. Fast track case to Supreme Court

 

[TEOTWAWKI inc.]

The law man will just wait until one is used in a crime(mass shooting type ) or until they catch someone with or selling one across state lines. Then they will try to make a case.

Good luck Texas!

 

[Acer-m14]

The law man will just wait until one is used in a crime(mass shooting type ) or until they catch someone with or selling one across state lines. Then they will try to make a case.

Good luck Texas!

wish they would do that with cars and trucks ..

 

[Acer-m14]

Raich definitively established that Federal preemption applies under the Commerce Clause where Congress has chosen to regulate the area, even against items domestically produced within a state.

And unlike pot, there is no way a suppressor can be entirely produced within the Great State of Texas. If you want to know why:

so how was the killdozer built ?? it was a legal dozer .. LOL

i guess we just ban everything that is not home grown then ..

 

[Edwardteach72]

Didn't someone already get jammed up for doing this very thing in another state? Either way to me this means that if you don't have to go through the NFA you should also be able to make your own. Hopefully states keep doing these types of things. This is how you nullify the NFA and ATF. I feel that people will eventually realize they can within reason do whatever the hell they want.

Oklahoma

 

[gun_slinger_boy]

And unlike pot, there is no way a suppressor can be entirely produced within the Great State of Texas. If you want to know why:

If you're talking about the components you may be right depending on how granular you want to get. All you really need is steel. But then there are the machines to make ore into a workable medium and then drill bits, lathes, sand paper, coatings etc. But that's all moot since we're talking about the finished product. If not then it's the same line of thinking where you can make a gun, silencer, knife, bomb etc out of materials found in a hardware store. You'd have to ban the entire hardware store and nothing would be made anywhere. One could also argue that you don't "make" pot but grow it and the seeds didn't originally come from TX

 

[Shadow rider]

Just one more reason I'm strongly considering Texas as a home state once I retire!

 

[Steal2B]

Raich definitively established that Federal preemption applies under the Commerce Clause where Congress has chosen to regulate the area, even against items domestically produced within a state.

And unlike pot, there is no way a suppressor can be entirely produced within the Great State of Texas. If you want to know why:

After looking at Westlaw, some CFRs, and some B2B industrial resource catalogs I respectfully conclude

 

[Steal2B]

 

[C3D]

After looking at Westlaw, some CFRs, and some B2B industrial resource catalogs I respectfully conclude
View attachment 119318

If you have a contrary view (after checking Westlaw, the CFR and some B2B manuals), please post your authority for that conclusion.

My conclusion is based on some plain language in Raich, which unambiguously states:

[The Supreme Court has] no difficulty concluding that Congress had a rational basis for believing that failure to regulate the intrastate manufacture and possession of marijuana would leave a gaping hole in the [Controlled Substances Act]. Thus, as in Wickard, when it enacted comprehensive legislation to regulate the interstate market in a fungible commodity, Congress was acting well within its authority to “make all Laws which shall be necessary and proper” to “regulate Commerce … among the several States.” U. S. Const., Art. I, §8. That the regulation ensnares some purely intrastate activity is of no moment. As we have done many times before, we refuse to excise individual components of that larger scheme.

 

[Steal2B]

Too much to cite in this venue, and I'm sure you would have no problem preparing briefs that contradict your flawed premise that is not directly on point.

It is possible, and in fact not difficult to source the cradle to grave manufacture of a suppressor to the State of Texas if it was in fact necessary. Texas is damn near a country itself, although I taunt my old Academy Texan roommate (who happens to own a Texas company who could supply material to a suppressor manufacturer) that if we cut Alaska in half, Texas would only be the 3rd largest state.

It is a weak argument to claim the cited case law is totally on point where an elected Congress passed legislation to criminalize the drug as opposed to an unelected agency publishing regulations to tax but not ban suppressors.

 

[ArmedCorgi]

Well, again, just like with the whole 2A sanctuary movement and "supremacy clause" the states passing laws like this basically calls the federal government out on it's unconstitutional laws. NFA, AWB's, Gun control act, ATF even. It puts all these issues front and center in a way no pro 2A org could ever dream of doing. The states pushing back like this is exactly what we want and need, regardless of what case law there is or what you think the federal government will do. The states need to assert their sovereignty, protect the Bill of Rights and remind the federal government just where it gets it's power from. I also think the states should take tax authority away from the federal government.

 

[C3D]

Too much to cite in this venue, and I'm sure you would have no problem preparing briefs that contradict your flawed premise that is not directly on point.

It is possible, and in fact not difficult to source the cradle to grave manufacture of a suppressor to the State of Texas if it was in fact necessary. Texas is damn near a country itself, although I taunt my old Academy Texan roommate (who happens to own a Texas company who could supply material to a suppressor manufacturer) that if we cut Alaska in half, Texas would only be the 3rd largest state.

It is a weak argument to claim the cited case law is totally on point where an elected Congress passed legislation to criminalize the drug as opposed to an unelected agency publishing regulations to tax but not ban suppressors.

I think you might want to take another look at Raich, which says pretty clearly that even if you produce a product wholly intrastate it can still be regulated by Congress as part of a comprehensive regulatory scheme. You don’t have to look far, it’s in the last sentence of the quote I posted above.

 

[Steal2B]

I think you might want to take another look at Raich, which says pretty clearly that even if you produce a product wholly intrastate it can still be regulated by Congress as part of a comprehensive regulatory scheme. You don’t have to look far, it’s in the last sentence of the quote I posted above.

It's an apples an oranges comparison that is not on point as posted above until Congress enacts something like the 116th's H.R.3454 and then you're points are on point.

 

[Acer-m14]

watch the first 1/2 of this ... about MO's 2a protection ..

 

[RooftopKorean]

Just one more reason I'm strongly considering Texas as a home state once I retire!

Unfortunately with the amount of liberals fleeing other states for the urban shit holes like Houston and Austin, Texas may turn purple with a blue hue in the near future.

All these fucking large urban cities are like cancer cells invading the human body.

I digress...

Like @gun_slinger_boy said. If only more Governors would have the balls to take more action like this, it would go a long way to battle against the ATF and the NFA.

Realistically, what is the Fed going to do? Send in the FBI and ATF into each state who's Governor refuses to comply? They don't have have manpower and I'm certain any escalation beyond that would end badly for all involved.

But hey, maybe with a douchebag like Waco Chipman leading the charge, the anti-gunner progressive/liberal/communists establishment will get the bloodbath they all have been pining for. Only to be used as a "LOOK, we told you so! Guns baddddd".