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Re: Texas Made Suppressor Legilation
[Re: scot]
#8274959
05/24/21 02:30 PM
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Joined: May 2011
Posts: 1,998
TAB
Pro Tracker
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Pro Tracker
Joined: May 2011
Posts: 1,998 |
I hope it happens, but very seriously doubt it will. I don’t see the feds relinquishing their $200 per copy for no state.. in fact I think they wanna gather them all up and take it all away.
Time will tell, certainly does smell like some political posturing BS though!
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Re: Texas Made Suppressor Legilation
[Re: scot]
#8274966
05/24/21 02:35 PM
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Joined: Apr 2007
Posts: 61,604
BOBO the Clown
kind of a big deal
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kind of a big deal
Joined: Apr 2007
Posts: 61,604 |
Going to be a bunch of made in TX stamped suppressor/mufflers going out of machine shops that the ATF will never have the privilege of knowing about
Bottom line, never trust a man whose uncle was eaten by cannibals.-Sen Joni Ernst
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Re: Texas Made Suppressor Legilation
[Re: scot]
#8274968
05/24/21 02:36 PM
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Joined: Oct 2013
Posts: 295
victor454
Bird Dog
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Bird Dog
Joined: Oct 2013
Posts: 295 |
Last edited by victor454; 05/24/21 02:37 PM.
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Re: Texas Made Suppressor Legilation
[Re: scot]
#8274999
05/24/21 02:59 PM
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Joined: Feb 2011
Posts: 6,195
Mike Honcho
THF Trophy Hunter
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THF Trophy Hunter
Joined: Feb 2011
Posts: 6,195 |
As much as I wish this would come to fruition and not have consequences that ain’t going to happen on the Feds watch!
“Two things that define an individual what you do when you have everything, and what you do when you have nothing."
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Re: Texas Made Suppressor Legilation
[Re: scot]
#8275089
05/24/21 04:11 PM
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Joined: Jul 2018
Posts: 291
George S
Bird Dog
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Bird Dog
Joined: Jul 2018
Posts: 291 |
If this bill is signed into law (and any machine shop can manufacture cans) I have two words of advice:
PAY CASH!
Oderint dum metuant - Lucius Accius
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Re: Texas Made Suppressor Legilation
[Re: scot]
#8275121
05/24/21 04:37 PM
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Joined: Dec 2009
Posts: 10,266
The Dude Abides
THF Celebrity
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THF Celebrity
Joined: Dec 2009
Posts: 10,266 |
I think other states of gone down this path. Any court challenges from the Feds?
I am still looking for the perfect apron, one with reinforced knee areas would be perfect.
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Re: New Tx Suppressor law?!
[Re: Jimbo1]
#8275209
05/24/21 06:15 PM
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Joined: Mar 2013
Posts: 1,220
Theringworm
Pro Tracker
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Pro Tracker
Joined: Mar 2013
Posts: 1,220 |
Same....no way I am paying a pointless tax and waiting for months to own a suppressor. For me, there isn’t enough value under the current conditions. Just my opinion. I always said, once I can walk in and walk out with a suppressor I will consider buying one.
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Re: New Tx Suppressor law?!
[Re: scot]
#8275245
05/24/21 06:44 PM
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Joined: Jan 2008
Posts: 301
Scoutdog
Bird Dog
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Bird Dog
Joined: Jan 2008
Posts: 301 |
Read the bill and the article at the attached link https://www.thetruthaboutguns.com/t...de-suppressors-made-from-nfa-regulation/The bill does three things:
1 It repeals the state law criminalizing suppressor manufacture or possession outside of regulation under the National Firearms Act. 2 It establishes and legalizes a class of made-in-Texas suppressors that must be manufactured and/or sold within the state from Texas-made parts. The silencer must be stamped “Made In Texas” and must remain in the state. It would then be exempt from NFA regulation. That means no forms, background checks, $200 tax stamps or year-long waits for government permission. 3 Finally, the bill provides a path to secure a declaratory judgment on the constitutionality of this law before someone manufactures “Made in Texas” suppressors.
That last part is really important. Before you run out and make yourself a can out of an oil filter and then post it on Instabook for all the world to see, STOP. If signed into law, this is still going to have to go through the federal courts.
Thus at a minimum, this bill we eliminate any state law criminalizing suppressors. That alone is a step in the right direction.
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
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Re: New Tx Suppressor law?!
[Re: Scoutdog]
#8275595
05/25/21 12:24 AM
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Joined: Mar 2020
Posts: 433
Roughneck913
Bird Dog
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Bird Dog
Joined: Mar 2020
Posts: 433 |
Read the bill and the article at the attached link https://www.thetruthaboutguns.com/t...de-suppressors-made-from-nfa-regulation/The bill does three things:
1 It repeals the state law criminalizing suppressor manufacture or possession outside of regulation under the National Firearms Act. 2 It establishes and legalizes a class of made-in-Texas suppressors that must be manufactured and/or sold within the state from Texas-made parts. The silencer must be stamped “Made In Texas” and must remain in the state. It would then be exempt from NFA regulation. That means no forms, background checks, $200 tax stamps or year-long waits for government permission. 3 Finally, the bill provides a path to secure a declaratory judgment on the constitutionality of this law before someone manufactures “Made in Texas” suppressors.
That last part is really important. Before you run out and make yourself a can out of an oil filter and then post it on Instabook for all the world to see, STOP. If signed into law, this is still going to have to go through the federal courts.
Thus at a minimum, this bill we eliminate any state law criminalizing suppressors. That alone is a step in the right direction. #3 is really the important one here. A declaratory judgement stating that ATF can't regulate these items due to lack of an interstate commerce hook is the best possible outcome. As others have said, I don't want to be the guinea pig on this one based on how things went in Kansas when they tried something similar. Granted their attempt was different (definitely weaker), but I don't want to be the guy to waiting for years for SCOTUS to overturn a felony conviction for me. At least with the Declaratory judgment, there is a procedure for the case to be fully adjudicated without criminal charges being filed against anyone
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Re: New Tx Suppressor law?!
[Re: scot]
#8276164
05/25/21 04:19 PM
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Joined: Apr 2012
Posts: 1,693
SherpaPhil
Pro Tracker
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Pro Tracker
Joined: Apr 2012
Posts: 1,693 |
This legislation is completely ridiculous and nothing but a feel good measure to Texas politicians to point to in their next reelection bid.
First, state law cannot be less restrictive than federal law, period. Yes, marijuana has been legalized by several states, but it remains illegal federally. The DOJ has officially stated that it is no intention of enforcing federal laws in states where it is legal, but there is nothing preventing them from changing that position, and states could not do anything about it. Since the feds have expressed no intention whatsoever to quit enforcing the NFA, there is nothing states can do about it. Federal law is the floor for what a state can allow.
Second, there is no way to manufacture anything without having ties to interstate commerce. Not just from a practical perspective, but a legal one. Even if the ore was mined in Texas, and the whole manufacturing process took place in Texas, it would still be subject to regulation under the interstate commerce clause because the activity would affect other manufacturers out of state, and had the suppressors not been made in Texas, the consumer would have purchased one from out of state. It seems absurd, but there are U.S. Supreme court cases going back over a hundred years where a farmer grew wheat on his own farm for his consumption on that farm. The Supreme Court held that he was subject to federal regulation under the interstate commerce clause because by growing that wheat, it stopped him from buying wheat from out of state and thus effected interstate commerce. It is absurd, but that is the state of the law.
Third, regardless of what the legislation says, no federal court will hear it without a "live case or controversy". Federal courts do not give advisory opinions and that has also been the case for hundreds of years. They will never chime in on a hypothetical prosecution. The only way to test the legality of the new statute would be for someone to be convicted of violating the NFA, and then appeal.
I have no idea why Texas insists on passing clearly unconstitutional legislation lately, but this is one of the most blatantly unenforceable bills I have ever seen. I would love for ATF to get out of suppressors, but the fact of the matter is the states are not in the drivers seat on this issue.
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Re: New Tx Suppressor law?!
[Re: SherpaPhil]
#8276175
05/25/21 04:33 PM
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Joined: Nov 2020
Posts: 795
BbarVRanch
Tracker
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Tracker
Joined: Nov 2020
Posts: 795 |
but the fact of the matter is the states are not in the drivers seat on this issue. That's what needs to change. If this law helps set a precedent to that end, then I'm all for it.
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Re: New Tx Suppressor law?!
[Re: SherpaPhil]
#8276885
05/26/21 10:39 AM
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Joined: Jan 2012
Posts: 2,274
DeRico
Mobius 1
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Mobius 1
Joined: Jan 2012
Posts: 2,274 |
Damn man yall want suppressor's off the NFA or what?! Lol The DOJ has officially stated that it is no intention of enforcing federal laws in states where it is legal
Well if the DOJ isn't doing crapola then smoke if you got em...stop the doomsday thinking.
Last edited by DeRico; 05/26/21 10:40 AM.
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Re: Texas Made Suppressor Legilation
[Re: George S]
#8277949
05/27/21 03:17 AM
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Joined: Mar 2016
Posts: 367
Huckleberry75
Bird Dog
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Bird Dog
Joined: Mar 2016
Posts: 367 |
If this bill is signed into law (and any machine shop can manufacture cans) I have two words of advice:
PAY CASH! BINGO
Are you going to pull those pistols, or whistle Dixie?
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Re: Texas Made Suppressor Legilation
[Re: scot]
#8277988
05/27/21 04:22 AM
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Joined: Mar 2010
Posts: 13,750
ntxtrapper
THF Celebrity
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THF Celebrity
Joined: Mar 2010
Posts: 13,750 |
If this passes, nobody is going to make them. Nobody is going to go to federal prison because of some empty state legislation. Thinking this will circumvent the NFA, is a waste of time, just like the legislation.
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Re: Texas Made Suppressor Legilation
[Re: scot]
#8278687
05/28/21 12:58 AM
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Joined: Nov 2011
Posts: 3,676
DStroud
Extreme Tracker
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Extreme Tracker
Joined: Nov 2011
Posts: 3,676 |
So let me get this straight, Texas the state that has motto’s like “Come and Take It” And “ Remember the Alamo” “Don’t Mess with Texas “ ya’ll don’t think there is a entrepreneurial spirit out there that will take advantage of this?
I would bet otherwise.
"Anyone taking up handloading necessarily plays with unknown factors and takes chances. But so does anyone who drives a car,goes to a cocktail party,eats in a restaurant,or gets married."
Jack O'Connor 1963
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Re: Texas Made Suppressor Legilation
[Re: DStroud]
#8278703
05/28/21 01:14 AM
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Joined: Dec 2019
Posts: 74
22Mules
Outdoorsman
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Outdoorsman
Joined: Dec 2019
Posts: 74 |
So let me get this straight, Texas the state that has motto’s like “Come and Take It” And “ Remember the Alamo” “Don’t Mess with Texas “ ya’ll don’t think there is a entrepreneurial spirit out there that will take advantage of this?
I would bet otherwise. Me Too! Im all for hearing protection, especially at my age. Atleast its not one of those bills, that those clowns in DC pass that they say "we gotta pass it before we know whats in it"
Fortes Fortuna Adiuvat
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Re: Texas Made Suppressor Legilation
[Re: ntxtrapper]
#8278776
05/28/21 03:18 AM
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Joined: Oct 2006
Posts: 803
7o8
Tracker
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Tracker
Joined: Oct 2006
Posts: 803 |
If this passes, nobody is going to make them. Nobody is going to go to federal prison because of some empty state legislation. Thinking this will circumvent the NFA, is a waste of time, just like the legislation. I don’t think the tenth amendment is well understood; “ The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” The NFA was not a power delegated to the the federal government, it was a tax used to prosecute gangsters in the 1930s. States passing these kinds of bills can also strengthen support for the SHUSH Act currently in the US Senate. The manufacturer and possession of a Texas made suppressor, not flaunted on the internet or reported by a pissed off ex or snowflake kid would be almost impossible for the ATF to find, let alone prosecute. The bill doesn’t require record keeping.
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Re: Texas Made Suppressor Legilation
[Re: scot]
#8278831
05/28/21 05:38 AM
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Joined: Feb 2011
Posts: 6,195
Mike Honcho
THF Trophy Hunter
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THF Trophy Hunter
Joined: Feb 2011
Posts: 6,195 |
This thread is hilarious thinking the feds are going to turn the cheek if this passes. They will not lose that revenue.
Oh there will be plenty of idiots with entrepreneurial spirit and the come take it attitude. If this does pass, Shortly after we will be posting about how stupid they are when the the feds nail them and it makes google news.
There is plenty of people here with enough money to make them. I bet $100 dollars to anyone if this passes you won’t go make one and plaster it all over the net and flaunt that thing. If you do I’ll gladly give you the $100 to help out with legal fees.
It’s the feds y’all stop dreaming.
“Two things that define an individual what you do when you have everything, and what you do when you have nothing."
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Re: Texas Made Suppressor Legilation
[Re: Mike Honcho]
#8278855
05/28/21 10:05 AM
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Joined: Nov 2020
Posts: 795
BbarVRanch
Tracker
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Tracker
Joined: Nov 2020
Posts: 795 |
This thread is hilarious thinking the feds are going to turn the cheek if this passes. They will not lose that revenue.
Oh there will be plenty of idiots with entrepreneurial spirit and the come take it attitude. If this does pass, Shortly after we will be posting about how stupid they are when the the feds nail them and it makes google news.
There is plenty of people here with enough money to make them. I bet $100 dollars to anyone if this passes you won’t go make one and plaster it all over the net and flaunt that thing. If you do I’ll gladly give you the $100 to help out with legal fees.
It’s the feds y’all stop dreaming. To the feds, it's not about the money. Do you really think with the trillions of national debt we have, they care about $200? They spend more than all NFA items have ever brought in on diapers for illegal babies, daily. It's about dissuading you from owning one, not only with the fee, but the red tape, paperwork, and humiliation of having to ask permission for something related to common sense and contained in the Bill of Rights. It's about control.... GUN control.
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Re: Texas Made Suppressor Legilation
[Re: BbarVRanch]
#8278857
05/28/21 10:28 AM
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Joined: Oct 2013
Posts: 295
victor454
Bird Dog
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Bird Dog
Joined: Oct 2013
Posts: 295 |
This thread is hilarious thinking the feds are going to turn the cheek if this passes. They will not lose that revenue.
Oh there will be plenty of idiots with entrepreneurial spirit and the come take it attitude. If this does pass, Shortly after we will be posting about how stupid they are when the the feds nail them and it makes google news.
There is plenty of people here with enough money to make them. I bet $100 dollars to anyone if this passes you won’t go make one and plaster it all over the net and flaunt that thing. If you do I’ll gladly give you the $100 to help out with legal fees.
It’s the feds y’all stop dreaming. To the feds, it's not about the money. Do you really think with the trillions of national debt we have, they care about $200? They spend more than all NFA items have ever brought in on diapers for illegal babies, daily. It's about dissuading you from owning one, not only with the fee, but the red tape, paperwork, and humiliation of having to ask permission for something related to common sense and contained in the Bill of Rights. It's about control.... GUN control. It's about control.... GUN control
Last edited by victor454; 05/28/21 10:28 AM.
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Re: Texas Made Suppressor Legilation
[Re: victor454]
#8278876
05/28/21 12:00 PM
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Joined: Sep 2015
Posts: 1,138
Pootie
Pro Tracker
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Pro Tracker
Joined: Sep 2015
Posts: 1,138 |
This thread is hilarious thinking the feds are going to turn the cheek if this passes. They will not lose that revenue.
Oh there will be plenty of idiots with entrepreneurial spirit and the come take it attitude. If this does pass, Shortly after we will be posting about how stupid they are when the the feds nail them and it makes google news.
There is plenty of people here with enough money to make them. I bet $100 dollars to anyone if this passes you won’t go make one and plaster it all over the net and flaunt that thing. If you do I’ll gladly give you the $100 to help out with legal fees.
It’s the feds y’all stop dreaming. To the feds, it's not about the money. Do you really think with the trillions of national debt we have, they care about $200? They spend more than all NFA items have ever brought in on diapers for illegal babies, daily. It's about dissuading you from owning one, not only with the fee, but the red tape, paperwork, and humiliation of having to ask permission for something related to common sense and contained in the Bill of Rights. It's about control.... GUN control. It's about control.... GUN control and subjects control. You need our permission to __________.
If you find yourself feeling useless, remember it took 20 years, trillions of dollars, and four presidents to replace the Taliban with the Taliban.
Sometimes the Universe puts you in the same situation again to see if you’re still a dumbass.
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Re: Texas Made Suppressor Legilation
[Re: 22Mules]
#8278895
05/28/21 12:45 PM
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Joined: Jan 2013
Posts: 19,775
Pitchfork Predator
THF Celebrity
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THF Celebrity
Joined: Jan 2013
Posts: 19,775 |
So let me get this straight, Texas the state that has motto’s like “Come and Take It” And “ Remember the Alamo” “Don’t Mess with Texas “ ya’ll don’t think there is a entrepreneurial spirit out there that will take advantage of this?
I would bet otherwise. Me Too! Im all for hearing protection, especially at my age. Atleast its not one of those bills, that those clowns in DC pass that they say "we gotta pass it before we know whats in it" I concur.......y’all scaredy-cats give the feds way too much credit for their bravery.....I remember reading the same predictions about the feds sending in the storm troopers to shut down all the marijuana stores.... that ship has sailed and they don’t have man power or will to step into states they are outnumbered by the millions to show how powerful they are, LOL!!!!!......just like they were going to show that ranching family in Nevada who’s in charge......until they were outnumbered and outgunned......
Last edited by Pitchfork Predator; 05/28/21 12:51 PM.
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Re: Texas Made Suppressor Legilation
[Re: Pitchfork Predator]
#8278927
05/28/21 01:38 PM
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Joined: Nov 2020
Posts: 795
BbarVRanch
Tracker
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Tracker
Joined: Nov 2020
Posts: 795 |
I concur.......y’all scaredy-cats give the feds way too much credit for their bravery.....I remember reading the same predictions about the feds sending in the storm troopers to shut down all the marijuana stores.... that ship has sailed and they don’t have man power or will to step into states they are outnumbered by the millions to show how powerful they are, LOL!!!!!......just like they were going to show that ranching family in Nevada who’s in charge......until they were outnumbered and outgunned......
It's not because they are afraid. Public opinion/action keeps them nipping at our heals rather than going for our throats. If they thought they could survive going for our throats, they would... in two shakes of a lamb's tail.
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Re: Texas Made Suppressor Legilation
[Re: scot]
#8279031
05/28/21 03:41 PM
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Joined: Jan 2013
Posts: 339
Creek Henry
Bird Dog
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Bird Dog
Joined: Jan 2013
Posts: 339 |
I spoke to somebody in the city council about this. Really all this law would do would be to get a argument going in the state and federal courts about whether this law can be made legal in Texas. It is unlikely that it can. so I would advise not buying a suppressor if this is bill passes until the word officially comes down from Austin to do so
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Re: Texas Made Suppressor Legilation
[Re: BbarVRanch]
#8280033
05/29/21 09:17 PM
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Joined: Mar 2010
Posts: 13,750
ntxtrapper
THF Celebrity
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THF Celebrity
Joined: Mar 2010
Posts: 13,750 |
This thread is hilarious thinking the feds are going to turn the cheek if this passes. They will not lose that revenue.
Oh there will be plenty of idiots with entrepreneurial spirit and the come take it attitude. If this does pass, Shortly after we will be posting about how stupid they are when the the feds nail them and it makes google news.
There is plenty of people here with enough money to make them. I bet $100 dollars to anyone if this passes you won’t go make one and plaster it all over the net and flaunt that thing. If you do I’ll gladly give you the $100 to help out with legal fees.
It’s the feds y’all stop dreaming. To the feds, it's not about the money. Do you really think with the trillions of national debt we have, they care about $200? They spend more than all NFA items have ever brought in on diapers for illegal babies, daily. It's about dissuading you from owning one, not only with the fee, but the red tape, paperwork, and humiliation of having to ask permission for something related to common sense and contained in the Bill of Rights. It's about control.... GUN control. Wealthy ranch owners and, at the time a very powerful cattle industry, lobbied Congress to add silencers to the NFA, due their belief that the devices would be used to poach cattle during the depression. SBR's and machine guns were what the legislation was created for, but the cattle barons pushed silencers in as Congress was hashing out the particulars. Silencers were never even indented to be part of the NFA. https://www.capitolarmory.com/blog/1934-the-birth-of-american-gun-control.html
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