HB176

[canvasbck]

I just got through reading HB176. Someone correct me if I'm wrong: If this passes it would appear that the transfer or sale of Class 3 items within the State of Texas would be legal.

If my interpretation is correct, let's say someone within the state had a Glock 18 (or a suppressor, or other class 3 item including fully automatic firearms), they would be able to legally sell it to someone else in the state who can legally own firearms. Am I missing something?

If this is true, then let OCT and MDA keep the spotlight on OC bills while this one quietly passes through!

[CleverNickname]

All it means is that your local police/sheriff/constable/the DPS won't be able to arrest you for violating certain provisions of the NFA.

The ATF/FBI/any other fed LE will still be more than happy to throw you into jail for violating federal law though, until the USSC agrees that the interpretation of the 10th amendment espoused in HB176 is correct, or Congress changes the law. And I wouldn't hold my breath waiting on either of those.

[mr1337]

I just got through reading HB176. Someone correct me if I'm wrong: If this passes it would appear that the transfer or sale of Class 3 items within the State of Texas would be legal.

If my interpretation is correct, let's say someone within the state had a Glock 18 (or a suppressor, or other class 3 item including fully automatic firearms), they would be able to legally sell it to someone else in the state who can legally own firearms. Am I missing something?

If this is true, then let OCT and MDA keep the spotlight on OC bills while this one quietly passes through!

This is a tricky situation. Federal law trumps State law, but the State does not have to help the Feds enforce the laws within the state. And apparently that's where this law shines. It makes it illegal for law enforcement in the state to aid in enforcing Federal gun laws. But that can't stop the Feds from bringing in more resources to enforce them themselves. And while you wouldn't be violating any State laws, you would still be violating Federal law. (And of course, all of this is notwithstanding the 10th Amendment, which the Federal government has obviously ignored for quite some time.)

However, even if you would be able to buy/sell NFA firearms and accessories, I doubt there would be any gun shops that would sell to consumers in this manner - without the ATF tax stamp. They're going to cover themselves because they still need to abide by Federal laws, or else they could lose their FFL.

While I fully support this bill, limiting the overreach of the Federal government, people need to tread carefully if it passes.

[MeMelYup]

This is interesting. https://www.atf.gov/content/firearms/fi ... t-handbook" onclick="window.open(this.href);return false;

[locke_n_load]

I see the issues as similar as marijuana in CO.
Pot is legal in Colorado but against federal law, but the federal law is hardly enforced.
If this law passed, buying/selling class III items would not be against state law, but still against federal law with no tax stamp, but Texas officials could not prosecute or help the Fed.
You better bet that the Fed would come to get you for your unregistered Texas NFA items way before they go after the pot smokers in Colorado!

[paxton25]

I see the issues as similar as marijuana in CO.
Pot is legal in Colorado but against federal law, but the federal law is hardly enforced.
If this law passed, buying/selling class III items would not be against state law, but still against federal law with no tax stamp, but Texas officials could not prosecute or help the Fed.
You better bet that the Fed would come to get you for your unregistered Texas NFA items way before they go after the pot smokers in Colorado!

That's exactly what I was going to say, I think this is spot on

[canvasbck]

I see the issues as similar as marijuana in CO.
Pot is legal in Colorado but against federal law, but the federal law is hardly enforced.
If this law passed, buying/selling class III items would not be against state law, but still against federal law with no tax stamp, but Texas officials could not prosecute or help the Fed.
You better bet your ass that the Fed would come to get you for your unregistered Texas NFA items way before they go after the pot smokers in Colorado!

This could easily be reversed during a Republican adminiatration.

[locke_n_load]

I see the issues as similar as marijuana in CO.
Pot is legal in Colorado but against federal law, but the federal law is hardly enforced.
If this law passed, buying/selling class III items would not be against state law, but still against federal law with no tax stamp, but Texas officials could not prosecute or help the Fed.
You better bet that the Fed would come to get you for your unregistered Texas NFA items way before they go after the pot smokers in Colorado!

This could easily be reversed during a Republican adminiatration.

What could be reversed? NFA laws?

[paxton25]

I see the issues as similar as marijuana in CO.
Pot is legal in Colorado but against federal law, but the federal law is hardly enforced.
If this law passed, buying/selling class III items would not be against state law, but still against federal law with no tax stamp, but Texas officials could not prosecute or help the Fed.
You better bet that the Fed would come to get you for your unregistered Texas NFA items way before they go after the pot smokers in Colorado!

This could easily be reversed during a Republican adminiatration.

What could be reversed? NFA laws?

i Don't See Why Not Executive Orders That Make Law Seem To Be All The Rage

[K.Mooneyham]

I see the issues as similar as marijuana in CO.
Pot is legal in Colorado but against federal law, but the federal law is hardly enforced.
If this law passed, buying/selling class III items would not be against state law, but still against federal law with no tax stamp, but Texas officials could not prosecute or help the Fed.
You better bet that the Fed would come to get you for your unregistered Texas NFA items way before they go after the pot smokers in Colorado!

Quick question and I'm serious about this. How many field agents are there in the BATFE? In the FBI? How many can they afford to send to Texas to cover our vast and populous state? Those folks NEED the locals helping them. I'd imagine a large portion of their cases are passed on from city or state LEAs. Now, I'm not saying I'm going to run out and violate Federal law if that bill were to become state law; I consider myself a law-abiding kind of guy. What I am saying is that the Feds have their hands full already and it would be those using NFA items in crimes big enough to get the Feds' attention that would be most in jeopardy, as it should be.

[nightmare69]

If passed I hope it brings the prices down of NFA items. $1,200 for a surpressor for my AR? Get real.

[liberT]

You better bet that the Fed would come to get you for your unregistered Texas NFA items way before they go after the pot smokers in Colorado!

[canvasbck]

I see the issues as similar as marijuana in CO.
Pot is legal in Colorado but against federal law, but the federal law is hardly enforced.
If this law passed, buying/selling class III items would not be against state law, but still against federal law with no tax stamp, but Texas officials could not prosecute or help the Fed.
You better bet that the Fed would come to get you for your unregistered Texas NFA items way before they go after the pot smokers in Colorado!

This could easily be reversed during a Republican adminiatration.

What could be reversed? NFA laws?

No, I was referring to a Republican administration enforcing federal drug laws in CO and not enforcing NFA laws in Tx

[Panzer Possum]

I can't find the BATF or DEA anywhere in the Constitution. I also can't find a legitimate Federal power to regulate the possession of drugs or weapons. I can't find a legitimate Federal power to regulate the making or local sale of drugs or weapons. The only thing the real government of the United States may do about drugs or weapons is to regulate their "Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Anything that goes beyond that bright line is not Constitutional and therefore not valid.

I took an oath to support and defend the Constitution of the United States against all enemies, foreign and domestic. Politicians and their hired guns who step outside the clear limits on Federal powers in the Constitution are its enemies. They deserve no respect, no cooperation, and most definitely no aid and comfort.

[srothstein]

And while we are all focusing on the federal government and the enforcement of federal laws, do not forget Section 46.05 which makes it illegal to have, among other things, machine guns and silencers. The local officers could still arrest for this because it is a state law. As a matter of fact, since the defense in the state law is that the weapon was possessed pursuant to registration under the NFA, it could be argued that we would lose the defense since that would be enforcement of the federal law.

I support the concept of bills like this, but I honestly doubt their feasibility. I think they are constitutional because they do not negate the law itself, just stop non-federal officials from enforcing them.