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Posted: 7/28/2021 2:38:50 PM EDT
Hopefully, this isn't a dupe.

Letter pretty much says that even though TX passed a law creating a TX-only silencer category exempt from Federal law, the ATF says the GCA still overrules that. I figured this was coming and a setup for a legal challenge.
Link Posted: 7/28/2021 2:40:24 PM EDT
[#1]
They sent out "weed is still illegal" letters to other states too, right?
Link Posted: 7/28/2021 2:42:50 PM EDT
[#2]
Well, yeah.  Stevie Wonder and Ray Charles saw that coming.
Link Posted: 7/28/2021 2:44:45 PM EDT
[#3]
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Quoted:
They sent out "weed is still illegal" letters to other states too, right?
View Quote

Attachment Attached File
Link Posted: 7/28/2021 2:45:21 PM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Well, yeah.  Stevie Wonder and Ray Charles saw that coming.
View Quote


This^
Link Posted: 7/28/2021 2:48:36 PM EDT
[#5]
Quoted:
Letter pretty much says that even though TX passed a law creating a TX-only silencer category exempt from Federal law, the ATF says the GCA still overrules that. I figured this was coming and a setup for a legal challenge.
View Quote

Overturn Roe vs. Wade at the federal level and push it back to the states; do same with GCA.
Link Posted: 7/28/2021 2:51:13 PM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Overturn Roe vs. Wade at the federal level and push it back to the states; do same with GCA.
View Quote
FIFY
Link Posted: 7/28/2021 2:52:13 PM EDT
[#7]
Texas will let people get fucked over just like Kansas.
Link Posted: 7/28/2021 2:52:15 PM EDT
[#8]
There is no legal challenge. Federal law supersedes State law.
Link Posted: 7/28/2021 2:53:48 PM EDT
[#9]
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Quoted:
There is no legal challenge. Federal law supersedes State law.
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so the feds gonna go after weed then huh?
Link Posted: 7/28/2021 2:54:39 PM EDT
[#10]
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Quoted:
There is no legal challenge. Federal law supersedes State law.
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Federal law has to derive from somewhere.

What part of the Constitution gives the government the power to regulate intrastate commerce?
Link Posted: 7/28/2021 2:56:37 PM EDT
[#11]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Federal law has to derive from somewhere.

What part of the Constitution gives the government the power to regulate intrastate commerce?
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
There is no legal challenge. Federal law supersedes State law.


Federal law has to derive from somewhere.

What part of the Constitution gives the government the power to regulate intrastate commerce?

The same part where the .gov gives two fucks what you think about them deriving power from the Constitution.  They don't give a fuck.
Link Posted: 7/28/2021 2:56:50 PM EDT
[#12]
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Quoted:
There is no legal challenge. Federal law supersedes State law.
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Not in Jefferson Davis's America!
Link Posted: 7/28/2021 2:58:26 PM EDT
[#13]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Overturn Roe vs. Wade at the federal level and push it back to the states; do same with GCA.
View Quote


Negative. States should not have the right to chose which or what portions of the Constitution will be supported or modified at their discretion.

Every state in the union should be held to the covenants of the second amendment. Period.
Not open to interpretation by individual states. It’s not a State’s Rights issue.
It is a country wide constitutional one. Equal to all citizens. Period.
Link Posted: 7/28/2021 3:00:07 PM EDT
[#14]
Watch out weed dealers and illegal immigrants. Feds mean business.
Link Posted: 7/28/2021 3:01:28 PM EDT
[#15]
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Quoted:
There is no legal challenge. Federal law supersedes State law.
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10th amendment to the US Constitution.  Read it.  
Link Posted: 7/28/2021 3:05:25 PM EDT
[#16]
Discussion ForumsJump to Quoted PostQuote History
Quoted:



10th amendment to the US Constitution.  Read it.  
View Quote View All Quotes
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
There is no legal challenge. Federal law supersedes State law.



10th amendment to the US Constitution.  Read it.  


Yo..tards... It is a constitutional issue. Period.
States do not get to decide to support it or not.
Link Posted: 7/28/2021 3:05:49 PM EDT
[#17]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
so the feds gonna go after weed then huh?
View Quote View All Quotes
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
There is no legal challenge. Federal law supersedes State law.
so the feds gonna go after weed then huh?
No; they only hate guns & silencers.
Link Posted: 7/28/2021 3:11:05 PM EDT
[#18]
Wait I can make a silencer in Texas , and the Texas law enforcement won't give a shit cause it's state legal ?
Link Posted: 7/28/2021 3:12:05 PM EDT
[#19]
Yep! Just got one for Missouri too.

Says the same thing. Federal law still applies to firearms and NFA.

I'm sure all the state licensed weed shops and Catholic charities got cease and desist letters telling them to quit selling illegal weed and harboring illegal aliens.
Link Posted: 7/28/2021 3:12:47 PM EDT
[#20]
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Quoted:
There is no legal challenge. Federal law supersedes State law.
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Sanctuary cities for illegal immigration disagree.
Link Posted: 7/28/2021 3:14:04 PM EDT
[#21]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Wait I can make a silencer in Texas , and the Texas law enforcement won't give a shit cause it's state legal ?
View Quote



Maybe. Or if they don't like you they may grab you and turn you over to the Feds.
Link Posted: 7/28/2021 3:14:35 PM EDT
[#22]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Federal law has to derive from somewhere.

What part of the Constitution gives the government the power to regulate intrastate commerce?
View Quote


But whether the Constitution really be one thing, or another, this much is certain - that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case it is unfit to exist.
-Lysander Spooner 1870  (i.e. this is not a new problem...)
Link Posted: 7/28/2021 3:16:43 PM EDT
[#23]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


so the feds gonna go after weed then huh?
View Quote


There are quite a few places that have been raided. Grow houses and the like.
Link Posted: 7/28/2021 3:16:46 PM EDT
[#24]
My problem with this all is some peaceful 2a law abiding citizen is going to get caught up in this pissing match and get slapped with felony . He'll lose his rights and spend time in prison over the Feds wanting to flex. Unless Texas is willing to kick the ATF and FBI out of the state, you're rolling the dice and they're stacked against you.
Link Posted: 7/28/2021 3:16:49 PM EDT
[#25]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


so the feds gonna go after weed then huh?
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
There is no legal challenge. Federal law supersedes State law.


so the feds gonna go after weed then huh?

Link Posted: 7/28/2021 3:17:22 PM EDT
[#26]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Wait I can make a silencer in Texas , and the Texas law enforcement won't give a shit cause it's state legal ?
View Quote


TX LEO won't, but that won't save you from a dime in a FPMITAP
Link Posted: 7/28/2021 3:19:22 PM EDT
[#27]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
They sent out "weed is still illegal" letters to other states too, right?
View Quote

Years ago.
Even updated the Form 4473 for those that bother to read the instructions.
Link Posted: 7/28/2021 3:19:25 PM EDT
[#28]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
No; they only hate guns & silencers.
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
There is no legal challenge. Federal law supersedes State law.
so the feds gonna go after weed then huh?
No; they only hate guns & silencers.


I agree with both.
They can if they chose to. Unfortunately a fact is that is the way it is.
Fucking federal govt should be taken to task over it also.
Either enforce it as written or concede it needs a re evaluation and brought up to date.
IMO..not enforcing it and allowing it to continue should place the federal govt in default and they lose the right to regulate it at the state level or are forced to change the classification.


Link Posted: 7/28/2021 3:20:03 PM EDT
[#29]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Texas will let people get fucked over just like Kansas.
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Yup.
Link Posted: 7/28/2021 3:20:39 PM EDT
[#30]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


There are quite a few places that have been raided. Grow houses and the like.
View Quote


in "legal" states?
Link Posted: 7/28/2021 3:20:43 PM EDT
[#31]
I believe this was always anticipated when the law was conceived and now passed. The idea was to get the ATF to say the law goes against Fed law so TX could challenge it through the courts and preferable wind up at the USSC. I'm not sure if someone has to be a sacrificial lamb for this to happen.
Besides, this is TX. I'm sure someone out there right now is saying, "Oh yeah! Well fuck them! I'm making a TX silencer and let them come for me!"
Link Posted: 7/28/2021 3:22:00 PM EDT
[#32]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


so the feds gonna go after weed then huh?
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
There is no legal challenge. Federal law supersedes State law.


so the feds gonna go after weed then huh?

They do when they want to make a federal case.
https://www.cbsnews.com/news/marijuana-seized-california-billion-drug-bust-illegal-cultivation/
Link Posted: 7/28/2021 3:23:19 PM EDT
[#33]
They said the same thing to Kansas in 2012 after we passed our 2nd amendment protection act.

Our law even stipulated that that the state DOJ is obligated to assist any Kansan who gets the fed's attention.

One man sits in jail because he made Kansas legal suppressors, and Kansas DOJ basically wrote a sternly worded letter in his defense.
Link Posted: 7/28/2021 3:24:55 PM EDT
[#34]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
They said the same thing to Kansas in 2012 after we passed our 2nd amendment protection act.

Our law even stipulated that that the state DOJ is obligated to assist any Kansan who gets the fed's attention.

One man sits in jail because he made Kansas legal suppressors, and Kansas DOJ basically wrote a sternly worded letter in his defense.
View Quote



Wasn’t there some bs that went on with trumps doj on this?
Link Posted: 7/28/2021 3:25:43 PM EDT
[#35]
Any FFL holder who thinks they are going to operate as an FFL Holder as well as deal in "Made in Texas" unregistered silencers is going to have a seriously bad time, particularly when they have their first compliance inspection.

Any hope for "non-compliance" of what people view as unconstitutional overreach is going to mostly stem from the larger populace refusing to comply, not "dealers".

I would personally implore anyone who is considering non-compliance to think it through much further than just the law. How did you feel about non compliance prior to this law, and what actually changes on account of this law. A lot of overlap contextually with pistol braces. For fundamental reasons, this will be handled much differently than pot, unfortunately. Be smart.

Freedom is a mindset, after all.
Link Posted: 7/28/2021 3:26:45 PM EDT
[#36]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
They said the same thing to Kansas in 2012 after we passed our 2nd amendment protection act.

Our law even stipulated that that the state DOJ is obligated to assist any Kansan who gets the fed's attention.

One man sits in jail because he made Kansas legal suppressors, and Kansas DOJ basically wrote a sternly worded letter in his defense.
View Quote

But some Kansas politicians got to thump their chests, pat each other on the the back, and tell everyone how much they love guns so it was a win for them.  
Link Posted: 7/28/2021 3:27:41 PM EDT
[#37]
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Quoted:
There is no legal challenge. Federal law supersedes State law.
View Quote


That's an oversimplification that isn't accurate in lots of areas. Whether it is here remains to be seen, but I don't want to be the test case.
Link Posted: 7/28/2021 3:28:18 PM EDT
[#38]
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Quoted:
There is no legal challenge. Federal law supersedes State law.
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Except the federal government has no authority over guns, see 2nd Amendment.  The federal government also has no authority over intrastate commerce, only interstate commerce.  If that doesn't satisfy you, please point it out in the appropriate Constitution Article where Congress has the authority to restrict guns specifically, if it's not there the 10th Amendment applies.
Link Posted: 7/28/2021 3:30:00 PM EDT
[#39]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Federal law has to derive from somewhere.

What part of the Constitution gives the government the power to regulate intrastate commerce?
View Quote

Uh, The Commerce Clause?
Followed by several court cases, among them Wickard v Filburn
The Supreme Court believed the activity at issue in Wickard "exerts a substantial economic effect on interstate commerce:"
Link Posted: 7/28/2021 3:31:02 PM EDT
[#40]
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Quoted:
There is no legal challenge. Federal law supersedes State law.
View Quote



Not according to that little thing known as "The Constitution."
Link Posted: 7/28/2021 3:31:25 PM EDT
[#41]
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Quoted:


in "legal" states?
View Quote

Absolutely.

The risk assessment needs to be viewed as a game of numbers.

Unfortunately, you don't get to decide whether or not you draw the ire of people in the government who want to absolutely fuck you over.

Sure, if you have a "made in Texas" suppressor on your ranch in BFE in Texas, only use it for hunting, and don't draw any attention you'll probably never have to worry about it. But you'd probably never have to worry about it prior to this bill, either.

But what happens when one of these winds up either in Mexico, or another state, and the feds say "fuck it" and pursue the manufacturer, and to cover their ass they turn over a list of anyone and everyone who ever bought from them?
Link Posted: 7/28/2021 3:31:29 PM EDT
[#42]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


I agree with both.
They can if they chose to. Unfortunately a fact is that is the way it is.
Fucking federal govt should be taken to task over it also.
Either enforce it as written or concede it needs a re evaluation and brought up to date.
IMO..not enforcing it and allowing it to continue should place the federal govt in default and they lose the right to regulate it at the state level or are forced to change the classification.


View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
Quoted:
There is no legal challenge. Federal law supersedes State law.
so the feds gonna go after weed then huh?
No; they only hate guns & silencers.


I agree with both.
They can if they chose to. Unfortunately a fact is that is the way it is.
Fucking federal govt should be taken to task over it also.
Either enforce it as written or concede it needs a re evaluation and brought up to date.
IMO..not enforcing it and allowing it to continue should place the federal govt in default and they lose the right to regulate it at the state level or are forced to change the classification.




only time the govt has given up power is when they let a private company control the money supply
Link Posted: 7/28/2021 3:31:50 PM EDT
[#43]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

But some Kansas politicians got to thump their chests, pat each other on the the back, and tell everyone how much they love guns so it was a win for them.  
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
They said the same thing to Kansas in 2012 after we passed our 2nd amendment protection act.

Our law even stipulated that that the state DOJ is obligated to assist any Kansan who gets the fed's attention.

One man sits in jail because he made Kansas legal suppressors, and Kansas DOJ basically wrote a sternly worded letter in his defense.

But some Kansas politicians got to thump their chests, pat each other on the the back, and tell everyone how much they love guns so it was a win for them.  


They even got voted back into office.

Could have been worse, we could have gotten new york style gun laws after Sandy hook.  Instead we got arguably the best gun laws in the nation.
Link Posted: 7/28/2021 3:33:05 PM EDT
[#44]
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Quoted:
There is no legal challenge. Federal law supersedes State law.
View Quote
Well, there's that whole "Shall not be infringed" thing. But you do you glow worm...
Link Posted: 7/28/2021 3:33:49 PM EDT
[#45]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Any FFL holder who thinks they are going to operate as an FFL Holder as well as deal in "Made in Texas" unregistered silencers is going to have a seriously bad time, particularly when they have their first compliance inspection.

Any hope for "non-compliance" of what people view as unconstitutional overreach is going to mostly stem from the larger populace refusing to comply, not "dealers".

I would personally implore anyone who is considering non-compliance to think it through much further than just the law. How did you feel about non compliance prior to this law, and what actually changes on account of this law. A lot of overlap contextually with pistol braces. For fundamental reasons, this will be handled much differently than pot, unfortunately. Be smart.

Freedom is a mindset, after all.
View Quote

well said
Link Posted: 7/28/2021 3:33:55 PM EDT
[#46]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Texas will let people get fucked over just like Kansas.
View Quote

Don't those guys get hammered for selling them?
Link Posted: 7/28/2021 3:34:29 PM EDT
[#47]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Don't those guys get hammered for selling them?
View Quote View All Quotes
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Texas will let people get fucked over just like Kansas.

Don't those guys get hammered for selling them?


Manufacture and sale.
Link Posted: 7/28/2021 3:34:49 PM EDT
[#48]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Yo..tards... It is a constitutional issue. Period.
States do not get to decide to support it or not.
View Quote
OH thou of reduced mental capacity... Re-read the Pre-able to the Bill of Rights, the text of the 2nd, 10th, and 14th Amendments... And then just for kicks... Fuck off.
Link Posted: 7/28/2021 3:35:26 PM EDT
[#49]
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Quoted:

The same part where the .gov gives two fucks what you think about them deriving power from the Constitution.  They don't give a fuck.
View Quote View All Quotes
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Quoted:
Quoted:
Quoted:
There is no legal challenge. Federal law supersedes State law.


Federal law has to derive from somewhere.

What part of the Constitution gives the government the power to regulate intrastate commerce?

The same part where the .gov gives two fucks what you think about them deriving power from the Constitution.  They don't give a fuck.




Well, when "We the People" sit back and let them fuck us over non stop, and then continue to reelect them, why would they give a fuck?
Link Posted: 7/28/2021 3:36:18 PM EDT
[#50]
They just won’t be sold at FFLs, more like feed and hardware stores. Hopefully it become so big that they won’t be able to stop it, like prohibition and weed.
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