User Panel
Quoted: 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. View Quote Already been decided..... the 9th Circuit did it somewhat right. SCOTUS used a weed case to argue how easy things can cross state lines, how interstate commerce applies, and the feds have jurisdiction. Some case law-- Original 9th Circus Case After the finding in Gonzales v. Raich from SCOTUS, SCOTUS vacated the appeal of the 9th Circus case and had the 9th review their decision due to the Commerce Clause claim in Raich. They did and overturned their prior ruling. |
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I suspect there are several issues involved.
1) Interstate commerce. This is a joke. The current precedent was set when a farmer was deemed participating in interstate commerce when the farmer planted seeds from his former crop, on his land, for consumption on his land. The idea was that this violated interstate commerce because it potentially allowed him to avoid interstate commerce by not being forced to purchase feed. 2) Texas had their constitution re-written as part of reconstruction. I seem to recall that somewhere in that rewrite was that we had to reciprocate federal laws. It may be possible that the new Texas law violates the state constitution. 3) Law enforcement is by necessity discretionary. While the state can choose to prosecute certain laws and avoid the prosecution of others (hell, Obama did that in spades) - I don't think the state can actually prevent it. A liberal police with a liberal DA and a liberal jury can probably still do whatever they choose to-good luck on appeals. ---- The net effect is while this law may allow a little amount of protection - the Feds can easily enforce Fed law when they feel like it. The only real issue is they don't have the manpower to enforce Fed law universally. I think it is prudent not to make yourself the sacrificial goat in a test case. --- IIRC Federal pot laws are also based on an excise tax for a stamp. The real difference is no stamps were ever issued. Likewise, some of the alcohol laws are also stamp taxes - I think every bottle of hard liqueur are technically stamped. |
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Quoted: With single digit approval rating for Congress? Sure it’s cheating. View Quote View All Quotes View All Quotes Quoted: Quoted: Obviously it must be cheating. It's the only logical explanation why many of them are in office for decades... https://www.ar15.com/media/mediaFiles/50674/Reelection_rates_jpg-2031079.JPG With single digit approval rating for Congress? Sure it’s cheating. Nope, everyone just thinks all the other reps are shit. I'm not saying there isn't any cheating, just pointing out the stupidity of the voters. |
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Quoted: We get a Republican President, 95+ Republican Senators, and 430+ Republican congressman, and I think there would maybe be a chance of that happening maybe. View Quote We could have it right now if we just suited up in full battle rattle and just said fuck it. You can not conquer a people who would rather die then be disarmed tax cattle, the worst you can do is merely kill them. Or if we just said we are all Israeli and the NFA,GCA, Hughes is pure Anti Semitism, and watch Congress run over each other trying to repeal those laws. |
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Quoted: There is no legal challenge. Federal law supersedes State law. View Quote The Constitution does not give them the authority to regulate firearms. Even using that interstate commerce bullshit, that would give them the authority to regulate the interstate sale of them, NOT the possession of them. All Federal gun laws are unconstitutional, period. |
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Quoted: And the commerce clause does not apply to sales of an item that is manufactured , sold, and possessed inside a single state. There has to be interstate commerce for it to a ply. View Quote View All Quotes View All Quotes Quoted: Quoted: 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:" And the commerce clause does not apply to sales of an item that is manufactured , sold, and possessed inside a single state. There has to be interstate commerce for it to a ply. Did you read Wickard? Using your own flour instead of selling it affects interstate commerce, so that pretty much opens EVERYTHING to government control. |
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We will continue to selectively enforce whatever rules and laws we choose against whomever we choose, so help us god
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Quoted: There is no legal challenge. Federal law supersedes State law. View Quote At some point the 10th has to have teeth. And they can wipe their asses with the administrative act of 46. JHC just because they put words on paper doesn't make it so. And if we don't hold them in check who will? We the People are the 4th Check and Balance. |
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I'll just leave this here, since so many people seem to forget it.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. |
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Quoted: We could have it right now if we just suited up in full battle rattle and just said fuck it. You can not conquer a people who would rather die then be disarmed tax cattle, the worst you can do is merely kill them. Or if we just said we are all Israeli and the NFA,GCA, Hughes is pure Anti Semitism, and watch Congress run over each other trying to repeal those laws. View Quote View All Quotes View All Quotes Quoted: Quoted: We get a Republican President, 95+ Republican Senators, and 430+ Republican congressman, and I think there would maybe be a chance of that happening maybe. We could have it right now if we just suited up in full battle rattle and just said fuck it. You can not conquer a people who would rather die then be disarmed tax cattle, the worst you can do is merely kill them. Or if we just said we are all Israeli and the NFA,GCA, Hughes is pure Anti Semitism, and watch Congress run over each other trying to repeal those laws. If we had enough people to suit up in battle rattle and say "fuck it", we should have enough people to vote the shit out, and vote in people that would uphold the Constitution. Elections are just a formality for most, as they get reelected easily. Many have been in office since before many on this board were even born. Hell, grassley here has been in office since 1959... |
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I was in a pawn shop in WA, I asked the owner if he was mandated to ask if the purchaser had a medical weed card or not? We both got a laugh out that.
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Quoted: If we had enough people to suit up in battle rattle and say "fuck it", we should have enough people to vote the shit out, and vote in people that would uphold the Constitution. Elections are just a formality for most, as they get reelected easily. Many have been in office since before many on this board were even born. Hell, grassley here has been in office since 1959... View Quote View All Quotes View All Quotes Quoted: Quoted: Quoted: We get a Republican President, 95+ Republican Senators, and 430+ Republican congressman, and I think there would maybe be a chance of that happening maybe. We could have it right now if we just suited up in full battle rattle and just said fuck it. You can not conquer a people who would rather die then be disarmed tax cattle, the worst you can do is merely kill them. Or if we just said we are all Israeli and the NFA,GCA, Hughes is pure Anti Semitism, and watch Congress run over each other trying to repeal those laws. If we had enough people to suit up in battle rattle and say "fuck it", we should have enough people to vote the shit out, and vote in people that would uphold the Constitution. Elections are just a formality for most, as they get reelected easily. Many have been in office since before many on this board were even born. Hell, grassley here has been in office since 1959... Ayup. Rusty is missing the point. |
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Fed law is leveraged to the benefit of the elite so weed vs suppressors is a straw man diversion. When this happens, the checks and balances designed to ensure our freedoms is failed. The only solution now is to replace it all. It is to that point.
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Quoted: If we had enough people to suit up in battle rattle and say "fuck it", we should have enough people to vote the shit out, and vote in people that would uphold the Constitution. Elections are just a formality for most, as they get reelected easily. Many have been in office since before many on this board were even born. Hell, grassley here has been in office since 1959... View Quote View All Quotes View All Quotes Quoted: Quoted: Quoted: We get a Republican President, 95+ Republican Senators, and 430+ Republican congressman, and I think there would maybe be a chance of that happening maybe. We could have it right now if we just suited up in full battle rattle and just said fuck it. You can not conquer a people who would rather die then be disarmed tax cattle, the worst you can do is merely kill them. Or if we just said we are all Israeli and the NFA,GCA, Hughes is pure Anti Semitism, and watch Congress run over each other trying to repeal those laws. If we had enough people to suit up in battle rattle and say "fuck it", we should have enough people to vote the shit out, and vote in people that would uphold the Constitution. Elections are just a formality for most, as they get reelected easily. Many have been in office since before many on this board were even born. Hell, grassley here has been in office since 1959... if they cheated this bad for 2020, imagine what they got away with in '59 |
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Quoted: Already been decided..... the 9th Circuit did it somewhat right. SCOTUS used a weed case to argue how easy things can cross state lines, how interstate commerce applies, and the feds have jurisdiction. Some case law-- Original 9th Circus Case After the finding in Gonzales v. Raich from SCOTUS, SCOTUS vacated the appeal of the 9th Circus case and had the 9th review their decision due to the Commerce Clause claim in Raich. They did and overturned their prior ruling. View Quote By the current interpretation of the commerce clause, the Federal government has the constitutional authority to ban the ownership of real estate, ban the possession of automobiles, ban procreation except for with a government issued license, and all kinds of horrific shit that the framers never intended and would be slitting throats over by now. If the commerce clause means what the USSC says, then the entirety of the rest of the article 1 powers enumerated to congress are a complete waste of ink. All they really had to do was write the commerce clause and leave the rest blank since commerce clause apparently gives Fed Gov the lawful authority to do pretty much anything it wants unless otherwise expressly forbidden. |
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Quoted: I'll just leave this here, since so many people seem to forget it. The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. View Quote It's just words. If those in power ignore those words, and We the People ignore them ignoring those words, what is the outcome? |
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Quoted: if they cheated this bad for 2020, imagine what they got away with in '59 View Quote View All Quotes View All Quotes Quoted: Quoted: Quoted: Quoted: We get a Republican President, 95+ Republican Senators, and 430+ Republican congressman, and I think there would maybe be a chance of that happening maybe. We could have it right now if we just suited up in full battle rattle and just said fuck it. You can not conquer a people who would rather die then be disarmed tax cattle, the worst you can do is merely kill them. Or if we just said we are all Israeli and the NFA,GCA, Hughes is pure Anti Semitism, and watch Congress run over each other trying to repeal those laws. If we had enough people to suit up in battle rattle and say "fuck it", we should have enough people to vote the shit out, and vote in people that would uphold the Constitution. Elections are just a formality for most, as they get reelected easily. Many have been in office since before many on this board were even born. Hell, grassley here has been in office since 1959... if they cheated this bad for 2020, imagine what they got away with in '59 Did those millions of people really not vote for the Bush’s, McConnels, Rubio’s, McCains, Romney’s.. etc? |
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Quoted: It's just words. If those in power ignore those words, and We the People ignore them ignoring those words, what is the outcome? View Quote View All Quotes View All Quotes Quoted: Quoted: I'll just leave this here, since so many people seem to forget it. The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. It's just words. If those in power ignore those words, and We the People ignore them ignoring those words, what is the outcome? Attached File |
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Quoted: Yes but you are not growing a suppressor. You are purchasing one from an existing manufacture. View Quote So what? If its a manufacturer within your own State, how have you engaged in interstate commerce? For that matter, how is your mere possession of an item a form of "interstate commerce?" Did the framers mean to give the Federal government broad authority to regulate the possession of items altogether? Or just the authority to regulate interstate commerce? By the logic of Wickard and Gonzalez, mining fucking bauxite in your back yard, refining it into aluminum in your garage, and machining that aluminum in your home workshop means you've committed an activity that might affect interstate commerce. And therefore those activities ARE interstate commerce. Even though NO COMMERCE has taken place at all. Let alone interstate commerce. |
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Quoted: if they cheated this bad for 2020, imagine what they got away with in '59 View Quote View All Quotes View All Quotes Quoted: Quoted: Quoted: Quoted: We get a Republican President, 95+ Republican Senators, and 430+ Republican congressman, and I think there would maybe be a chance of that happening maybe. We could have it right now if we just suited up in full battle rattle and just said fuck it. You can not conquer a people who would rather die then be disarmed tax cattle, the worst you can do is merely kill them. Or if we just said we are all Israeli and the NFA,GCA, Hughes is pure Anti Semitism, and watch Congress run over each other trying to repeal those laws. If we had enough people to suit up in battle rattle and say "fuck it", we should have enough people to vote the shit out, and vote in people that would uphold the Constitution. Elections are just a formality for most, as they get reelected easily. Many have been in office since before many on this board were even born. Hell, grassley here has been in office since 1959... if they cheated this bad for 2020, imagine what they got away with in '59 Attached File |
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Quoted: Did those millions of people really not vote for the Bush’s, McConnels, Rubio’s, McCains, Romney’s.. etc? View Quote View All Quotes View All Quotes Quoted: Quoted: Quoted: Quoted: Quoted: We get a Republican President, 95+ Republican Senators, and 430+ Republican congressman, and I think there would maybe be a chance of that happening maybe. We could have it right now if we just suited up in full battle rattle and just said fuck it. You can not conquer a people who would rather die then be disarmed tax cattle, the worst you can do is merely kill them. Or if we just said we are all Israeli and the NFA,GCA, Hughes is pure Anti Semitism, and watch Congress run over each other trying to repeal those laws. If we had enough people to suit up in battle rattle and say "fuck it", we should have enough people to vote the shit out, and vote in people that would uphold the Constitution. Elections are just a formality for most, as they get reelected easily. Many have been in office since before many on this board were even born. Hell, grassley here has been in office since 1959... if they cheated this bad for 2020, imagine what they got away with in '59 Did those millions of people really not vote for the Bush’s, McConnels, Rubio’s, McCains, Romney’s.. etc? I read it as sarcasm. |
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Quoted: So what? If its a manufacturer within your own State, how have you engaged in interstate commerce? For that matter, how is your mere possession of an item a form of "interstate commerce?" Did the framers mean to give the Federal government broad authority to regulate the possession of items altogether? Or just the authority to regulate interstate commerce? By the logic of Wickard and Gonzalez, mining fucking bauxite in your back yard, refining it into aluminum in your garage, and machining that aluminum in your home workshop means you've committed an activity that might affect interstate commerce. And therefore those activities ARE interstate commerce. Even though NO COMMERCE has taken place at all. Let alone interstate commerce. View Quote You should read the quote history prior to quoting someone and speaking like they disagree with you. |
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Quoted: The commerce clause does no such thing, and Wickard is a perfect case of the courts acting in an unconstitutional manner, and yes, courts including SCOTUS can rule unconstitutionally; their word does not supersede the Constitution, and judicial supremacy can be found nowhere in the document. The way the court ruled in those cases basically say that the Constitution through a clause or two grants the Federal government nearly unlimited power, which is easy to see is false by a look at the text, history, common contemporary understanding, etc. The very idea that the clause allows for that much power was refuted in the Federalist Papers. However, the NFA itself is based on the excise tax power and not the commerce clause (since it predates the absurd New Deal era commerce clause jurisprudence). The only question is whether a right protected by the Constitution can be Federally taxed or burdened by the laws for enforcing said tax. View Quote Huh, all this time I thought Wickard was argued by real lawyers with real education and law degrees before the US Supreme Court. You should write a letter to ATF telling them they be wrong. Attached File |
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Quoted: It's just words. If those in power ignore those words, and We the People ignore them ignoring those words, what is the outcome? View Quote View All Quotes View All Quotes Quoted: Quoted: I'll just leave this here, since so many people seem to forget it. The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. It's just words. If those in power ignore those words, and We the People ignore them ignoring those words, what is the outcome? So why treat the ones they write now any differently? Ignore them. Make it more painful for them to enforce them than it is worth. |
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Quoted: Yes but you are not growing a suppressor. You are purchasing one from an existing manufacture. View Quote View All Quotes View All Quotes Quoted: Quoted: Did you read Wickard? Using your own flour instead of selling it affects interstate commerce, so that pretty much opens EVERYTHING to government control. Yes but you are not growing a suppressor. You are purchasing one from an existing manufacture. I agree with you, BUT that's not how the gov. looks at it. Purchasing a Texas made suppressor, means you aren't buying from out of state, or the materials the Texas manufacturer used aren't available to another manufacturer, etc... |
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Quoted: As of 9/1/2021, yes. But Texas will not defend you from federal prosecution. View Quote View All Quotes View All Quotes Quoted: Quoted: Wait I can make a silencer in Texas , and the Texas law enforcement won't give a shit cause it's state legal ? As of 9/1/2021, yes. But Texas will not defend you from federal prosecution. Nope that is left to the individual when they come. |
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Quoted: .... An organization, no longer under the auspices of the IRS, cannot collect said tax. View Quote View All Quotes View All Quotes Quoted: .... An organization, no longer under the auspices of the IRS, cannot collect said tax. Never heard of the ATF Tax and Trade Bureau have ya? Ergo, the BATFE is illegal in and of itself under the US Constitution. Show your work. |
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Quoted: I've been saying all along that when politicians pass pro-gun-freedom legislation that legalizes acts at the state level which are still crimes at the federal level, they should be required to perform those acts on live TV. So I want to see the TX legislator who authored this bill drill the holes to complete a solvent trap kit and then put it on a gun and shoot it on live TV. If they are so sure passing it will protect their citizens, surely they won't be afraid to do it themselves. View Quote Attached File |
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Quoted: So why treat the ones they write now any differently? Ignore them. Make it more painful for them to enforce them than it is worth. View Quote View All Quotes View All Quotes Quoted: Quoted: Quoted: I'll just leave this here, since so many people seem to forget it. The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. It's just words. If those in power ignore those words, and We the People ignore them ignoring those words, what is the outcome? So why treat the ones they write now any differently? Ignore them. Make it more painful for them to enforce them than it is worth. Is it really going to be more painful to them? Those that push that shit sit in their Ivory Tower for the most part, and send their minions out to enforce the shit. Even if some minions get killed, it's no skin off their nose. And we don't even bother to vote out more than around 10%, no matter how they screw us over. And fighting it in courts against a gov with unlimited time and money? Like I've said before, you can ignore all the laws you want, but you can't ignore the consequences of getting caught ignoring those laws. You have to be lucky all the time to not get caught-they only have to get lucky once to catch you. |
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Quoted: And the commerce clause does not apply to sales of an item that is manufactured , sold, and possessed inside a single state. There has to be interstate commerce for it to a ply. View Quote View All Quotes View All Quotes Quoted: Quoted: 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:" And the commerce clause does not apply to sales of an item that is manufactured , sold, and possessed inside a single state. There has to be interstate commerce for it to a ply. Whatever you do, don't read Wickard. Your interpretation of the Constitution and mine don't matter in the least. The USSC's does. And the USSC says intrastate commerce affects interstate commerce, therfore the Commerce Clause applies. That opinion is unlikely to change anytime soon. |
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Quoted: Republicans only care about firearm rights when they are minority. View Quote View All Quotes View All Quotes Quoted: Quoted: We get a Republican President, 95+ Republican Senators, and 430+ Republican congressman, and I think there would maybe be a chance of that happening maybe. Republicans only care about firearm rights when they are minority. Yep, we're like the blacks to the democrats- a guaranteed voting block no matter what. Hell, even when they pass gun control, they still get the vast majority of the gun vote. #winning |
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Quoted: Never heard of the ATF Tax and Trade Bureau have ya? Show your work. View Quote Preamble BoR - "declaratory and restrictive clauses" 2A. "Shall not be infringed". 10th. "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." 14th. "Privileges and immunities". IOW. Fuck off glow worm. |
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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 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? What part of the Constitution gives any level of government the power to regulate arms? |
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Quoted: So what? If its a manufacturer within your own State, how have you engaged in interstate commerce? For that matter, how is your mere possession of an item a form of "interstate commerce?" Did the framers mean to give the Federal government broad authority to regulate the possession of items altogether? Or just the authority to regulate interstate commerce? By the logic of Wickard and Gonzalez, mining fucking bauxite in your back yard, refining it into aluminum in your garage, and machining that aluminum in your home workshop means you've committed an activity that might affect interstate commerce. And therefore those activities ARE interstate commerce. Even though NO COMMERCE has taken place at all. Let alone interstate commerce. View Quote As posted above, the NFA tax is an excise tax, which does not require interstate commerce to apply. It can also be applied to the manufacture of a good, so even making your own suppressor is taxed. The only requirement on excise taxes is that they be applied equally to all states. |
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