Live to Shoot - Defending our 2nd Amendment Rights

Texas Suppressors - Will They Eliminate the National Firearms Act

September 24, 2022 Jeff Dowdle Episode 134
Live to Shoot - Defending our 2nd Amendment Rights
Texas Suppressors - Will They Eliminate the National Firearms Act
Show Notes Transcript

Welcome to live shoot podcast. My name is Jeff Doel and I've been a licensed firearm dealer for the last 14 years in this podcast. We talk about all things related to the second amendment. Well, as might throw in other stories about things going on in other areas of the news as something or something going on in my personal life. So welcome. Welcome. Welcome today is Saturday the 24th and it is a, a great weekend. My son's home. He's going to the Arkansas a and M game with his girl. At Jerry world TCU is playing SMU on the Hilltop and it's the iron battle of the iron skillet. And we will definitely see how this sunny dykes rivalry comes out would be very exciting for me as a TCU fan and alum and just a lot going on. So what I wanna talk about today was I keep getting questions occasionally about what's going on with these Texas made suppressors. These were my Texas customers. And they're wanting to know basically, Hey, can I go and get a suppressor that's made in Texas and not have to do the NFA? And I know I got a lot of listeners here that aren't from Texas and this may not seem to be apply, but really what comes outta this case could have far reaching impacts on the, the two way movement and how the courts view the second amendment. And so just a little back. House Texas house bill 9 57 went into effect on September one 2021. And then essence, essentially what it said was if a suppressor is made in Texas from Texas parts, then it is not subject to the commerce clause and not subject to the NFA regulations. And this has been tried before Kansas wrote a similar law and they put that in place and some people tested it and they immediately got sent to prison. And then Montana created another law and they put in there a that they would, you know, Have to, they will seek injunctive relief from the commerce clause and they argued in their case that, you know, suppressors made in Montana didn't. And from that didn't, weren't applicable to the commerce clause and they lost. So Texas kind of took that and ran with it, modified their law. They created that they would seek inductive relief, but they also included second amendment. That suppressors will not fall under the, under the second amendment. And. So, where do we stand now? Can you go and buy a suppressor made in Texas and not do a form for and pay your $200 tax? Well, as an FFL, this was the letter I got back in July of 2021, just a few a month before this law was gonna gonna affect. And it said the purpose of this letter is to provide guidance on your obligations as the federal farm's license in Texas, the following guidance that intend to assist you in accomplishing this goal, blah, blah, blah says the passage of Texas house south bill 9 57 with an effective date of September 1st, 2021 has generated questions from the industry members as to how this state law may affect them while engaged in a firearm business. HB 9 57 claims to exempt silencers, also known as suppressors that are manufactured in Texas, and which remain in Texas from federal firearm laws and regulations, including the federal registration requirements. However, because HB 9 57 directly conflicts with federal firearm, laws and regulations. Federal law supersedes HP 9 57 in summary, all provisions of the gun control act and the national firearms act, including their corresponding regulations continues to apply to FFLs and other persons in Texas. And then the letter goes on to, to basically tell me how I'm supposed to do my job. So first off, what is the commerce clause? We'll we'll deal deal with that real quick. So that is article one, section eight clause three of the constitution, which basically says that the us government can regulate. Anything among states and countries and Indian tribes, but among states. So that is basically how they do everything it's based around this clause. So if they, if things are crossing across states boundaries, the government can get involved. That is why we have some of the laws that we have in place. And they're not just subject to Texas laws. What is going on with this case. So as I said, Kansas Montana tried it. So Texas wrote the law and they put in there, their arguments around that the suppressors are not subject to the second amendment. And then following the brewing case Ken Paxton went in and modified his argument and he also. Basically included the fact that there is no history and tradition of any kind in terms of this type of regulation and paying tax on a. Constitutionally protected item. And so that was where his argument is and the government has come back. And the argument that they have, they've kind of gone about it differently. And this is interesting. So their, their argument on two fronts, but the primary argument is that, that, that basically there's a law out there that says you cannot. Injunction relief on a tax matter. And they are, what that basically says is that you can't Sue the government not to pay your taxes. And that is essentially the argument that the government is making. They are not really argument on a second amendment issue because. I think they realize the second amendment, it, their arguments on the second amendment are becoming losers. Now they do argue. And again, this is they kind of are going around in logical loops to me and that they first off they argue that again. Yeah. The suppressors. That a suppressor doesn't that also the second amendment doesn't apply to suppressors. So the state's argument about the second amendment being protecting suppressors doesn't apply. Hmm. And how are they in the national firearms act? And then they say, if they do that, the NFA. It doesn't restrict or prohibit the possession of suppressors. They just apply a few more steps that you have to go through. And I think people have said that, you know, these additional steps, air quotes can also be considered infringement shall not be infringed. So where's this gonna land? I. The argument, the state, the government is continues to make is that you gotta can't Sue me because of tax. They're not protect, they're not subject to the second amendment, but they are part of the NFA. It's a really convoluted argument. And I think they realize that they're getting themselves in a corner. And I think the one corner that they realize that this is boxing them into, is that the national firearms act based on Bruin. It's institutional. If that comes the case, then we are back to where suppressors full auto and short billed rifles are not subject to NFA requirements and tax stamps and those types of regulations that they will be just normal firearms protected. By the second amendment and subject to some of the common sense gun laws that we have out there. So for you in Texas right now, don't go try and buy a Texas made suppressor and not do a form four on it. You will end up in jail. We need to let this work its way through the courts, but. For you all you outside of Texas, keep your eye on this because this could be another domino that falls that a, that knocks out the national farmer act as being a constitutional and getting it stricken. So it's very interesting. Gotta keep our eye on it. Lot's going on this brewing case and the, that the second that the cons the Supreme court. Sorry. Has ruled has really turned the, the courts upside down and has really altered a lot of arguments that are in place. And so we need to keep our eye on it and good things could be on the horizon. So thank you. Thank you for listening. Share this podcast, listen to it on fountain. Get my referral link, earn a little, some, some SATs, some Satoshi listening to a podcast. Like it, give it a review, share it, share it on social media, get the word out to people. We have to continue to keep people informed and we have to continue to fight for our second amendment rights. Thank you. Thank you. Thank you. And have a great weekend.