Posted: 7/20/2013 2:52:37 PM EDT
| Now that the law has taken affect, does anyone know the legalities regarding producing my own suppressors and SBRs? When last I looked as long as the item in question was stamped "Made in Kansas" and didn't leave the state I wouldn't run into trouble with the law. Is this still true? Or are there some more legal hurdles and taxes I have to pay? |
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I've been doing some reading about SB-102, here's a news article that talks about an interesting conversation between Eric Holder and our own Kansas Secretary of State: Link to article
From everything I've read, I believe your statement is correct. If it's stamped Made In Kansas and doesn't leave the state, you are protected from Federal laws. Still doing more research though, it's hard for me to believe anybody passing a law that actually protects our rights, and I'm certainly not a lawyer! 
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I was always taught if it seems to good to be true it probably is. I think I'll email Kris Kobach and inquire further about what state protection Kansans can expect should the feds pursue individuals wanting to make their own SBRs and suppressors. Please post what you find out. |
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When I talked to my friendly Class III dealer, here was his response:
As a word of caution for all of you programming your CNC and lathe to start making and selling your “Made In Kansas” firearms and suppressors proceed with caution. With the new KS House Bill No. 2199 “Second Amendment Protection Act”, our state legislators have grown a pair (even the women) and stood up for the endowed rights from God (not government). Since we’re not lawyers here at D9Firearms and most of the laws manufactured as Nancy Pelosi so succulently stated “We must pass it to see what’s in it” we decided to call one of co-authors of the HB 2199 Mrs. Paticia Stoneking. To preface this, Patricia is the President of Kansas State Rifle Association and Owner & Master Instructor of Target Master Shooting Academy, LLC. (http://www.targetmasteracademy.com/about.html) and we decided to write this after speaking with her. After making a few calls to some KS officials we were referred to KS Attorney General’s Office Derrick Schmidt and Patricia Stoneking as subject matter experts (SME) of the SAP Act. Patricia graciously took 30 minutes out of her day to discuss the history, reasoning, and the bill itself. Since this article is being written from memory (and includes some personal commentary) we will not provide any verbatim quotes so as to limit any liability. (This way when the fed’s water board you, you won’t have any information to divulge.) Patricia described that this effort started back in 2010 but didn’t have any traction, (probably since at the time the obvious attempts to subvert the Constitution weren’t egregious enough to warrant action by our state officials. Since then the belligerent usurping of the Constitution, back door UN ban attempts, and typical media misinformation for the low information consumer has galvanized citizens and legislatures in KS and many other states to take action in re-affirming state’s rights). As an individual it is well known that you can manufacture a firearm for personal use without registering it with the ATF or serializing it, however these items are for personal use, not for commercial manufacturing or resale, and is limited to about 1 a year. Since all of our receivers are manufactured by the supplier we only put our name on the receiver when we’ve assembled a custom build so this new law will not be applicable to our custom rifles. Additionally, until we see what a couple of the KS manufacturers do we will refrain from handling any non-stamped or serial numbered receivers. It’s not that we’re sissies, but I, Mrs. D9, Ninja Nuggets or our attack dogs Num Nuts and Fuzz Nuts would not appreciate it if we were bagged and tagged in the cover of darkness, hauled downtown, water boarded, sodomized, and investigated by the ATF, IRS, and other federal agencies. Not to mention our loyal customers whose suppressors and firearms would probably be confiscated, stored in a locker and eventually pawned off as KS made firearms after they made an example of us. One of our primary concerns was with suppressors since it appears in the language of the bill as an accessory. When discussing this with Patricia she mentioned that this came up with people she knew who thought, cool I’m going to bypass the $200 stamp and 6 month wait. Naturally, owning a suppressor couldn’t be this easy and she noted that our friends at the NFA classify suppressors as firearms and not accessories and therefore will not fall under the made in KS law and are still subject to the NFA guidelines. However, we are still waiting for a call back from the KS AG’s office to discuss this with them since it is clearly written in the law. Again, we will not be entertaining ideas of marketing KS made suppressors until we see that no-one is landing in Leavenworth as someone’s new girlfriend. Also, if you decide to develop one in your basement we don’t want to hear about, see it, or speak about it. So in a nut shell this is our 2cents worth of free advice and you know what they say “there is no such thing as a free lunch” and we’ll see you all in Leavenworth. tl;dr - we don't know yet, courts need to do their thing, but if you are willing to be the test case, we are taking names |
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Any updates to this? It's been several weeks and I haven't seen a response yet. I'll update this thread should I get a response. Who knows, sometimes politicians take 6 months to a year to respond. I think the next step will be to talk with local 2nd amendment groups and see what they have to say. If anyone has any contacts post them up and I'll make some contact. |