TX: Constitutional Carry bill passes House

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  • KellyinAvon

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    Governor Abbott signed the bill today. I think there is a ceremonial signing tomorrow in San Antonio, probably in front of the Alamo. In any case, it takes effect on the first of September.
    :cool: :rockwoot:
     

    KellyinAvon

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    Congrats to the Texans, on being the 21st state to recognize the meaning of the Second Amendment. Should’ve been number 22.
     

    STFU

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    OK, so how does this part work?:
    "The second bill, which Abbott signed on Tuesday, according to the state Legislature's webpage, exempts Texas-made suppressors, also known as silencers, from the National Firearms Act, a body of laws that in part require gun owners to register NFA items, including suppressors and short-barreled rifles, with the Bureau of Alcohol, Tobacco, Firearms, and Explosives before paying a $200 tax."

    How can a Gov enact a law that circumvents the NFA? More specifically, what protections does a SOT have for selling a silencer without NFA signed (transfers: either Form 3s or Form 4s ) paperwork?
     

    Alamo

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    Alamo

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    OK, so how does this part work?:
    "The second bill, which Abbott signed on Tuesday, according to the state Legislature's webpage, exempts Texas-made suppressors, also known as silencers, from the National Firearms Act, a body of laws that in part require gun owners to register NFA items, including suppressors and short-barreled rifles, with the Bureau of Alcohol, Tobacco, Firearms, and Explosives before paying a $200 tax."

    How can a Gov enact a law that circumvents the NFA? More specifically, what protections does a SOT have for selling a silencer without NFA signed (transfers: either Form 3s or Form 4s ) paperwork?
    Here is the law itself: 87(R) HB 957 - Enrolled version (texas.gov)

    Federal gun laws apply to firearms used in interstate commerce. HB 957 lays out requirements for a suppressor to be an "intrastate" manufactured suppressor, and directs the Texas AG, upon notification by a citizen residing in Texas that he wants to build an intrastate suppressor for use only in Texas, to obtain a judgment in federal court that the suppressor is exempt from Federal jurisdiction.

    We'll see, but this does put the resources of the State of Texas behind a person wanting to build a suppressor that's not subject to "interstate commerce."
     

    STFU

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    Here is the law itself: 87(R) HB 957 - Enrolled version (texas.gov)

    Federal gun laws apply to firearms used in interstate commerce. HB 957 lays out requirements for a suppressor to be an "intrastate" manufactured suppressor, and directs the Texas AG, upon notification by a citizen residing in Texas that he wants to build an intrastate suppressor for use only in Texas, to obtain a judgment in federal court that the suppressor is exempt from Federal jurisdiction.

    We'll see, but this does put the resources of the State of Texas behind a person wanting to build a suppressor that's not subject to "interstate commerce."
    And what happens to those silencers when you move out of state (EG: job transfer)?
    Could you just sell it to your neighbor (assuming the neighbor is not "prohibited" from owning)?

    And remember to never drive across a state line with a "Texas Only" silencer...
    Seems like this could easily turn bad for either the Mfg or the buyer.

    It will be interesting to see how this turns out. Could set precedence for other states and Mfgs?
     

    indyjohn

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    From our friends at the Associated Press (note the pic they chose to publish)

     

    Alamo

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    And what happens to those silencers when you move out of state (EG: job transfer)?
    Could you just sell it to your neighbor (assuming the neighbor is not "prohibited" from owning)?

    And remember to never drive across a state line with a "Texas Only" silencer...
    Seems like this could easily turn bad for either the Mfg or the buyer.

    It will be interesting to see how this turns out. Could set precedence for other states and Mfgs?
    Texas is big. You can drive a long way before getting to a state line. :D I am closer to Mexico by 90 miles than to the nearest US State (Louisiana). Lots of room for intrastate suppressors.

    Anyway. Brave new frontier, but would appear to me that if you take it out of state you will have to go the NFA route. If you sell it in state, intrastate commerce.
     

    KLB

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    Texas is big. You can drive a long way before getting to a state line. :D I am closer to Mexico by 90 miles than to the nearest US State (Louisiana). Lots of room for intrastate suppressors.

    Anyway. Brave new frontier, but would appear to me that if you take it out of state you will have to go the NFA route. If you sell it in state, intrastate commerce.
    People who have not lived there have a hard time realizing how big it is. When I was in San Antonio, I would drive to NWI (1280 miles I think it was), and almost half the trip was inside the state of Texas.
     

    KLB

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    I was there for 9 years. It is a nice place to live, depending upon where you are talking.

    The question would be, why are you thinking about it?
     

    Alamo

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    There is very little housing immediately available where I live in Texas, as soon as a house hits the market it's sold, and apparently they are selling for above their asking prices.

    In other news, besides the Con Carry bill passing, the 87th Texas Legislature also designated the 1847 Colt Walker as the official handgun of Texas.
     
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