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Posted: 1/17/2017 1:28:36 PM EDT
curious what happens if HPA makes it through and gets suppressors off NFA.   appears they will be treated like regular firearms. 

thoughts?
Link Posted: 1/17/2017 2:00:07 PM EDT
[#1]
Well, nothing will change in NY...suppressors are outlawed in NY law. Doesn't matter what federal law says. We don't have equal rights in NY plain and simple.
Link Posted: 1/17/2017 3:00:35 PM EDT
[#2]
To be honest, and I know there are many that will disagree, I do not see the HPA or national CCW reciprocity getting through the U.S. Senate unless the Republican's take the ill-advised step of completely eliminating the filibuster which I think would be the stupidest thing they could do.  People seem to forget rather quickly that the filibuster kept us from getting saddled with a bunch of post-Sandy Hook Democrat sponsored laws that they were unable to achieve the 60 votes needed in the Senate to pass.  The flip side is that rule will now work against the Republican's passing run rights legislation.  I see no net loss for the Democrat's filibustering.  While the Democrat's, with two Independents, are defending 25 Senate seats in 2018 versus 8 for the Republican's, those Democrat seats for the most part are in safe states.  Most are blue states or states that supported Trump by very slim majorities so will most likely support their incumbent.  Schumer and Blumenthal have pledged to keep any gun rights legislation from passing so if they can keep their party in check with all 48 Senator's sustaining a filibuster then the legislation will never get to Trump's desk.  Add to that I am not even sure the Republican's will get 52 of their Senator's on board either.
Link Posted: 1/17/2017 6:28:17 PM EDT
[#3]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
To be honest, and I know there are many that will disagree, I do not see the HPA or national CCW reciprocity getting through the U.S. Senate unless the Republican's take the ill-advised step of completely eliminating the filibuster which I think would be the stupidest thing they could do.  People seem to forget rather quickly that the filibuster kept us from getting saddled with a bunch of post-Sandy Hook Democrat sponsored laws that they were unable to achieve the 60 votes needed in the Senate to pass.  The flip side is that rule will now work against the Republican's passing run rights legislation.  I see no net loss for the Democrat's filibustering.  While the Democrat's, with two Independents, are defending 25 Senate seats in 2018 versus 8 for the Republican's, those Democrat seats for the most part are in safe states.  Most are blue states or states that supported Trump by very slim majorities so will most likely support their incumbent.  Schumer and Blumenthal have pledged to keep any gun rights legislation from passing so if they can keep their party in check with all 48 Senator's sustaining a filibuster then the legislation will never get to Trump's desk.  Add to that I am not even sure the Republican's will get 52 of their Senator's on board either.
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Trump's going to have a pen and a phone, just like the jugeared douchebag (may all fuck be upon him and his husband Michael).  Maybe there's some angles he can work.
Link Posted: 1/17/2017 10:43:04 PM EDT
[#4]
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Quoted:
Well, nothing will change in NY...suppressors are outlawed in NY law. Doesn't matter what federal law says. We don't have equal rights in NY plain and simple.
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This is the answer. Unless the feds with hold funding to the state or something which I doubt will happen over suppressors.
Link Posted: 1/23/2017 5:46:24 PM EDT
[#5]
Oh I would love to see that.  "We'll just keep this big pile of money right here, until you unfuck your laws, and let your citizens have their rights back."  Same thing they did holding back highway funds for the stupid .08% bac law.  Use it to restore our rights this time, instead of take them away.
Link Posted: 1/23/2017 6:00:35 PM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
To be honest, and I know there are many that will disagree, I do not see the HPA or national CCW reciprocity getting through the U.S. Senate unless the Republican's take the ill-advised step of completely eliminating the filibuster which I think would be the stupidest thing they could do.  People seem to forget rather quickly that the filibuster kept us from getting saddled with a bunch of post-Sandy Hook Democrat sponsored laws that they were unable to achieve the 60 votes needed in the Senate to pass.  The flip side is that rule will now work against the Republican's passing run rights legislation.  I see no net loss for the Democrat's filibustering.  While the Democrat's, with two Independents, are defending 25 Senate seats in 2018 versus 8 for the Republican's, those Democrat seats for the most part are in safe states.  Most are blue states or states that supported Trump by very slim majorities so will most likely support their incumbent.  Schumer and Blumenthal have pledged to keep any gun rights legislation from passing so if they can keep their party in check with all 48 Senator's sustaining a filibuster then the legislation will never get to Trump's desk.  Add to that I am not even sure the Republican's will get 52 of their Senator's on board either.
View Quote


I agree about the filibuster in general, but was there really House legislation that the Senate blocked after Sandy Hook?  I thought the whole issue was DOA in the House.
Link Posted: 1/24/2017 8:02:37 AM EDT
[#7]
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Quoted:


I agree about the filibuster in general, but was there really House legislation that the Senate blocked after Sandy Hook?  I thought the whole issue was DOA in the House.
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There was a chance that Universal Background Checks (i.e. Registration) might have made it had it passed the Senate. 
Link Posted: 1/26/2017 10:58:07 AM EDT
[#8]
I'm pretty sure that the text of the HPA states something to the effect of no state being allowed to limit the use of suppressors. Which means they would become legal in NYS for civilians. If a silencer needs a threaded barrel to attach to the firearm, they can't necessarily ban that either. It really depends on the finalized text of the law when it passes.
Link Posted: 1/26/2017 1:19:58 PM EDT
[#9]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I'm pretty sure that the text of the HPA states something to the effect of no state being allowed to limit the use of suppressors. Which means they would become legal in NYS for civilians. If a silencer needs a threaded barrel to attach to the firearm, they can't necessarily ban that either. It really depends on the finalized text of the law when it passes.
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
I'm pretty sure that the text of the HPA states something to the effect of no state being allowed to limit the use of suppressors. Which means they would become legal in NYS for civilians. If a silencer needs a threaded barrel to attach to the firearm, they can't necessarily ban that either. It really depends on the finalized text of the law when it passes.
Not true.  The text of the bill people are citing is this:
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.”.
This text does not preempt an outright state ban such as New York's.  It prohibits state taxes or state registration.
Link Posted: 2/2/2017 2:12:54 PM EDT
[#10]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Not true.  The text of the bill people are citing is this:
This text does not preempt an outright state ban such as New York's.  It prohibits state taxes or state registration.
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
I'm pretty sure that the text of the HPA states something to the effect of no state being allowed to limit the use of suppressors. Which means they would become legal in NYS for civilians. If a silencer needs a threaded barrel to attach to the firearm, they can't necessarily ban that either. It really depends on the finalized text of the law when it passes.
Not true.  The text of the bill people are citing is this:
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.”.
This text does not preempt an outright state ban such as New York's.  It prohibits state taxes or state registration.
No. You are reading those commas wrong.

In short:  A law of any state that affects interstate commerce by imposing a tax on making, transferring, using, possessing...or a tax on the marking, record keeping or registration shall have no force or effect.

I think
Link Posted: 2/2/2017 3:19:36 PM EDT
[#11]
Bigger question:  What other fundamental right enshrined by the bill of rights is allowed to be limited by a state to a greater extent than it is limited by the Feds?  Serious question, I don't know of any but not being a legal eagle I'm curious.

Also I would expect NY to fight the HPA by every means possible, Legal and otherwise. I would also expect it to meet unfavorable outcomes at every level of the courts until it reached the SCOTUS, therefor it would be meaningless for us for 5-7 years.
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