Posted: 12/1/2016 11:16:08 AM EDT
[#12]
Quote History Quoted:
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:
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.
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. View Quote View All Quotes View All Quotes Quote History Quoted:
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.
Is Surefire manufacturing suppressors in Calif? If so, they are exception since they deal with .gov?
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