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Thursday, July 8, 2021

Texas Silencer Law, NFA, No Commandeering, Commerce Clause, Test Case - Ammoland.com

U.S.A.-(AmmoLand.com)- Texas recently passed HB 957 into law. It will become effective on 1 September, 2021. The law repeals the Texas state ban on the possession of silencers/suppressors/gun mufflers, puts into effect a “no commandeering clause” for federal enforcement of the National Firearms Act (NFA) for silencers, and sets up a federal test case of the NFA in federal court.

In a previous article, the repeal of the Texas law and the anti-commandeering section were discussed. The likely federal test case was not.

HB 957 came from the brain of Representative Oliverson of Texas District 130, north of Houston. Dr. Oliverson is not a lawyer.  This correspondent was able to talk to Representative Oliverson about how he formed the idea for the law.

Dr. Oliverson came up with the idea to reform suppressor law in Texas because he had purchased two suppressors. He personally experienced the bureaucratic insanity it takes to legally obtain a silencer/suppressor/gun muffler in the United States.

Representative Oliverson:

I had this idea, last session, and it was something I sort of came up with on my own. The basic idea was, you know, states obviously, in the last decade, I am aware, have in a variety of ways, pushed back against federal law that they thought was overreaching and unnecessary, by simply opting out, and just saying look, we are not invalidating federal law, but as far as the state is concerned, we do not recognize this in the same way that you do, and you cannot use our resources to enforce the law. If you want to enforce it, knock yourself out, but we are not helping you, and we are done.

The first thing Representative Oliverson noticed about states which enacted anti-commandeering laws, was that Colorado did this with Marijuana, and other states started doing it as well.

Click the link to read the whole article:   Texas Silencer Law


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