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Posted: 11/30/2016 2:36:00 PM EDT




There is a bill being prepared for the next Congress called the Hearing Protection Act, which apparently will remove silencers from restriction under the National Firearms Act. This would obviously be awesome.However, there is another issue. The Texas Penal Code states the following

:Sec. 46.05.  PROHIBITED WEAPONS.  (a)  A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
(1)  any of the following items, unless the item is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or classified as a curio or relic by the United States Department of Justice:
(A)  an explosive weapon;
(B)  a machine gun;
(C)  a short-barrel firearm; or
(D)  a firearm silencer;
(2)  knuckles;
(3)  armor-piercing ammunition;
(4)  a chemical dispensing device;
(5)  a zip gun; or
(6)  a tire deflation device.

So, if the Feds take silencers off of the NFA, wouldn't Texas also have to pass a change in the law to remove silencers from the list of prohibited weapons?There would obviously be a fight against that, but how difficult would it be to get the state legislature to remove silencers from the list of prohibited weapons?If the Feds remove silencers from the NFA, and the state legislature fails to remove them from the list of prohibited weapons, then would silencers which we already possess still be permitted or would those of us who own silencers become instant felons? 


I have a Mac, and TextEdit doesn't treat text as pure text like Notepad does. It keeps a lot of the formatting, from the original source, and sometimes even makes it worse. This is the best I can do. 
Link Posted: 11/30/2016 3:11:47 PM EDT
[#1]
tag for answers.
Link Posted: 11/30/2016 3:53:50 PM EDT
[#2]
I was wondering the same thing... I just assumed there would be several new criminals in Texas if Trump signs it
Link Posted: 11/30/2016 4:04:26 PM EDT
[#3]
Quoted:

If the Feds remove silencers from the NFA, and the state legislature fails to remove them from the list of prohibited weapons, then would silencers which we already possess still be permitted or would those of us who own silencers become instant felons?

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The law they are drafting says possession of silencer is defacto evidence of registration.

“(f) Firearm Silencers.—A person acquiring or possessing a firearm silencer in accordance with Chapter 44 of title 18, United States Code, shall be treated as meeting any registration and licensing requirements of the National Firearms Act (as in effect on the day before the date of the enactment of this subsection) with respect to such silencer.”.
Link Posted: 11/30/2016 4:06:45 PM EDT
[#4]

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I was wondering the same thing... I just assumed there would be several new criminals in Texas if Trump signs it
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Several thousand! Isn't Texas the state with the most privately owned silencers?
Link Posted: 11/30/2016 5:21:55 PM EDT
[#5]
The Hearing Protection Act has provisions that require all states to recognize suppressors as legal.
Link Posted: 11/30/2016 9:18:08 PM EDT
[#6]
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Quoted:
The Hearing Protection Act has provisions that require all states to recognize suppressors as legal.
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[Kenny]Woooohooo![/Kenny]
Link Posted: 11/30/2016 9:49:10 PM EDT
[#7]

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Quoted:
The law they are drafting says possession of silencer is defacto evidence of registration.



"(f) Firearm Silencers.—A person acquiring or possessing a firearm silencer in accordance with Chapter 44 of title 18, United States Code, shall be treated as meeting any registration and licensing requirements of the National Firearms Act (as in effect on the day before the date of the enactment of this subsection) with respect to such silencer.”.
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Quoted:



Quoted:



If the Feds remove silencers from the NFA, and the state legislature fails to remove them from the list of prohibited weapons, then would silencers which we already possess still be permitted or would those of us who own silencers become instant felons?









The law they are drafting says possession of silencer is defacto evidence of registration.



"(f) Firearm Silencers.—A person acquiring or possessing a firearm silencer in accordance with Chapter 44 of title 18, United States Code, shall be treated as meeting any registration and licensing requirements of the National Firearms Act (as in effect on the day before the date of the enactment of this subsection) with respect to such silencer.”.




 
Good.




Now I need to plan my order list.
Link Posted: 11/30/2016 10:13:48 PM EDT
[#8]
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Quoted:
The Hearing Protection Act has provisions that require all states to recognize suppressors as legal.
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Quoted:
The Hearing Protection Act has provisions that require all states to recognize suppressors as legal.


I don't think you're reading it correctly.  The relevant part of the current version of the bill (which will have to be reintroduced in January) says:


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.”.


Texas has a recordkeeping or registration requirement, in that a silencer has to be registered in the federal NFRTR in order to be legal under Texas state law.  That requirement would be negated by Section 4 of the HPA.

However, compare that to California's silencer law.


Any person, firm, or corporation who within this state possesses a silencer is guilty of a felony and upon conviction thereof shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 or by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment.

There's no tax, marking, recordkeeping or registration requirement.  It just makes possession illegal, so I don't think Section 4 of the HPA would apply.
Link Posted: 12/1/2016 2:54:03 AM EDT
[#9]
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Quoted:



The law they are drafting says possession of silencer is defacto evidence of registration.

“(f) Firearm Silencers.—A person acquiring or possessing a firearm silencer in accordance with Chapter 44 of title 18, United States Code, shall be treated as meeting any registration and licensing requirements of the National Firearms Act (as in effect on the day before the date of the enactment of this subsection) with respect to such silencer.”.
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Quoted:
Quoted:

If the Feds remove silencers from the NFA, and the state legislature fails to remove them from the list of prohibited weapons, then would silencers which we already possess still be permitted or would those of us who own silencers become instant felons?




The law they are drafting says possession of silencer is defacto evidence of registration.

“(f) Firearm Silencers.—A person acquiring or possessing a firearm silencer in accordance with Chapter 44 of title 18, United States Code, shall be treated as meeting any registration and licensing requirements of the National Firearms Act (as in effect on the day before the date of the enactment of this subsection) with respect to such silencer.”.


This.  Let's get back to focusing on getting the HPA passed
Link Posted: 12/1/2016 9:36:21 AM EDT
[#10]
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Quoted:


This.  Let's get back to focusing on getting the HPA passed
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Any chance of getting a rider for SBR removal on that bill?
Link Posted: 12/1/2016 11:05:29 AM EDT
[#11]
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Quoted:

Any chance of getting a rider for SBR removal on that bill?
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Quoted:


This.  Let's get back to focusing on getting the HPA passed

Any chance of getting a rider for SBR removal on that bill?


I seriously doubt it

Removing suppressors from the NFA list will be a HUGE accomplishment in and of itself and could then possibly open the door to remove other things like SBR's.
Link Posted: 12/1/2016 11:16:08 AM EDT
[#12]
Link Posted: 12/1/2016 12:59:49 PM EDT
[#13]
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 Is Surefire manufacturing suppressors in Calif?  If so,  they are exception since they deal with .gov?
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Manufacturing Exemption.
Link Posted: 12/1/2016 3:48:24 PM EDT
[#14]
If I remember correctly, then putting a threaded barrel in a handgun will make it an assault weapon under their law. Maybe they could thread bolt action or lever action barrels, but not handguns. 

California has bigger problems than not being allowed to have silencers. 
Link Posted: 12/1/2016 8:45:13 PM EDT
[#15]
Yeah im totallly ready for this.

I think it might be wise to be a little patient as prices are certain to go down after awhile
Link Posted: 12/1/2016 8:47:11 PM EDT
[#16]
Don't we get a refund for suppressors purchased after a certain date too?  Looking forward to that.
Link Posted: 12/1/2016 9:24:15 PM EDT
[#17]
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Don't we get a refund for suppressors purchased after a certain date too?  Looking forward to that.
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What I heard was that IF it passes then you get a refund on any taxes you pay after the bill was submitted to Congress. So if it is submitted to Congress on 2/1/2017 and you order a suppressor on 2/2/2017 and send in your transfer tax, then you get a refund IF the bill passes. 
Link Posted: 12/1/2016 9:28:04 PM EDT
[#18]
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Quoted:

Any chance of getting a rider for SBR removal on that bill?
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Remember, small steps, one step at a time, like the liberals do it. That's how you actually get what you want over time. Do too much at once and the bill won't pass.

As far as the law... I'm pretty sure if removing suppressors from the NFA actually got by at the federal level, the Texas legislature and Gov. Abbott would be a non-issue afterwards.
Link Posted: 12/1/2016 9:37:38 PM EDT
[#19]
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Quoted:

What I heard was that IF it passes then you get a refund on any taxes you pay after the bill was submitted to Congress. So if it is submitted to Congress on 2/1/2017 and you order a suppressor on 2/2/2017 and send in your transfer tax, then you get a refund IF the bill passes. 
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The bill text is here:

https://www.congress.gov/bill/114th-congress/house-bill/3799/text?format=txt

For your convenience this is the current tax rule in the bill.

(2) Transfers.--In the case of the tax imposed by section
       5811 of such Code, the amendment made by this section shall
       apply with respect to transfers after October 22, 2015.
Link Posted: 12/1/2016 10:15:35 PM EDT
[#20]
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Quoted:


 Is Surefire manufacturing suppressors in Calif?  If so,  they are exception since they deal with .gov?
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The jobs are more important than the suppressors as long as they aren't sold in the state.
Link Posted: 12/1/2016 11:22:03 PM EDT
[#21]
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Quoted:


The bill text is here:

https://www.congress.gov/bill/114th-congress/house-bill/3799/text?format=txt

For your convenience this is the current tax rule in the bill.

(2) Transfers.--In the case of the tax imposed by section
       5811 of such Code, the amendment made by this section shall
       apply with respect to transfers after October 22, 2015.
View Quote

I'd get enough to buy a new suppressor...which is just what I would do with that money!
Link Posted: 12/1/2016 11:30:47 PM EDT
[#22]
What you all are failing to realize is that we are all criminals according to the letter of the law.

Link Posted: 12/2/2016 12:31:19 AM EDT
[#23]
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Quoted:
What you all are failing to realize is that we are all criminals according to the letter of the law.

https://images-na.ssl-images-amazon.com/images/I/41WfkBtf7YL.jpg
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Some laws just need breaking.
Link Posted: 12/2/2016 12:31:48 AM EDT
[#24]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


The bill text is here:

https://www.congress.gov/bill/114th-congress/house-bill/3799/text?format=txt

For your convenience this is the current tax rule in the bill.

(2) Transfers.--In the case of the tax imposed by section
       5811 of such Code, the amendment made by this section shall
       apply with respect to transfers after October 22, 2015.
View Quote

Yeah, but that's the current version of the bill, which hasn't gone anywhere and won't.  If a bill isn't passed by the end of the lame duck session, it has to be reintroduced in the new 115th Congress.  That new bill will be the one that will have a chance of passing.

And since October 22, 2015 was the day the current bill was introduced, I'm sure the new bill will be updated with the new date when it's introduced.
Link Posted: 12/2/2016 12:51:12 PM EDT
[#25]
I've written letters to the right people and have joined the ASA to help their numbers.
I hope this gets done.
I don't even own any suppressors yet.
Link Posted: 12/3/2016 12:37:13 PM EDT
[#26]
@motown_steve,

Can you copy your OP to notepad, then copy/paste back replacing your original post. Something about your OP is not wrapping the text and there's no scrollbar. So we can't read what is posted.
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