GUN Anyone for some NFA items "made in Texas"?

Discussion in 'On Topic' started by phoenixTX, May 5, 2009.

  1. phoenixTX

    phoenixTX New Member

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    Texas is attempting to pass a bill that would allow for all firearms and ammunition (to include NFA items) to be exempt from federal law as long as it was manufactured in Texas and kept in Texas. The weapon needs to be stamped "Made in Texas" and never cross state lines.

    This appears to be very similar to the law Montana recently passed and Alaska has in the works as well.

    http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HB1863

    http://www.star-telegram.com/legislature/story/1355073.html

    :bowdown: Representative Leo Berman


    A question ... As far as the BATF is concerned an SBR registration is submitted on a Form1 "application to make and register a firearm" because you are essentially manufacturing a new restricted weapon. Do you think an individual building an SBR under this new law would be allowed (and then stamped/engraved "made in Texas"), or would it have to be a "licensed" manufacturer and all of the components marked "made in Texas"? Obviously it depends on how the law is actually worded ... just wondering about possibilities :x:
     
  2. LancerV

    LancerV Something Happened OT Supporter

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    So in theory I could make my own can stamp it with made in tx and not have to pay a tax stamp?
     
  3. dpixel8

    dpixel8 New Member

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  4. GlassUser

    GlassUser send an email not a pm OT Supporter

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    Fucking hell win.
     
  5. Keesh

    Keesh New Member

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    Federal law over-rules state law.
     
  6. SlowTA367

    SlowTA367 New Member

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    This.
     
  7. TheHunter

    TheHunter Unprofessional Lurker

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    Theoretically only in the case of items involving interstate commerce
     
  8. [DWI]

    [DWI] Master of Nothing

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    Well when a similar case was made against medical marijuana, the courts ruled against the medical in favor of the federal government, because the medical stuff was indistinguishable from the stuff they considered illegal, now the made in montana or made in texas stamps should be enough to tell the two apart. Secondly many gun laws are basing their powers under the regulation of interstate commerce, so technically if it is made in texas sold and texas and kept in texas . . . well you get the idea
     
  9. phoenixTX

    phoenixTX New Member

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    I guess we'll see what happens in Montana.

    I think they're actually using the 10th Amendment for it's intended purpose.
     
  10. GlassUser

    GlassUser send an email not a pm OT Supporter

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    Wrong. Federal jurisdiction has significant limits, state law is limited only by the state's constitution.
     
  11. dpixel8

    dpixel8 New Member

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    what ever happened with Texas seceding from the union?
     
  12. ZCP M3

    ZCP M3 Active Member

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    Interesting to see how this plays out.
     
  13. P-chan

    P-chan New Member

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    .
     
  14. GuiltySparc

    GuiltySparc OT Supporter

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    I think montana just did this also...anyone know how its working out?
     
  15. phoenixTX

    phoenixTX New Member

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    I think Gov. Perry was just trying to get the crowds riled up during one of his tea party speeches. Nothing was even mentioned after that.
     
  16. Jurisbot Esq.

    Jurisbot Esq. Don't blame me I voted for Ron Paul. OT Supporter

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    Text of the proposed bill doesn't apply to full auto weapons.

    What good is this bill if it doesn't overwrite the prohibition of possessions of such items by persons in Texas under the Texas Penal Code at 46.05?

    According to the Penal Code a defense to the prosecution for possession of an NFA weapon is NFA registration; however, doing away with the requirement of federal registration for "Made in Texas" weapons/items doesn't do non-peace officers much good.

     
  17. mvizos

    mvizos New Member

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    it was signed, I believe, but doesn't go into effect until something like oct 1 2009
     
  18. Keesh

    Keesh New Member

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    I would love for the federal government to let this one slide through...But I'm being realistic.
     
  19. phoenixTX

    phoenixTX New Member

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    They are using the same text as the Montana law. It does not include full-auto weapons, but it actually mentions "sound suppressors" by name.

    I would suppose that they would need to modify PC 46.05 in some way.
     
  20. UnNakedChef

    UnNakedChef 2jz Sackrider Holder

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    This proposed bill is part of the initial arming stage. :cool:
     
  21. TheHunter

    TheHunter Unprofessional Lurker

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    Initial??? Texans have been arming since before the last time we became a country
     
  22. phoenixTX

    phoenixTX New Member

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    After further thought, I figured I would try to get clarification. My email sent to the author, Rep. Leo Berman:
     
  23. Jurisbot Esq.

    Jurisbot Esq. Don't blame me I voted for Ron Paul. OT Supporter

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    :h5: I look forward to hearing the answer.
     
  24. GlassUser

    GlassUser send an email not a pm OT Supporter

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    I would love to see the Texas Rangers put the FBI and ATF in their place.
     
  25. [DWI]

    [DWI] Master of Nothing

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    I don't think Texas can legally secede from the union, though by force of arms . . .

    However interestingly if Texas wanted more say in federal politics they could have it, but it would entail doing something very un-texas-like. Upon joining the union they have the right to split the state of Texas into 5 separate states. That would give the area of Texas 10 instead of 2 votes in the senate moving it from 2% of the senate vote to roughly 9.26% of the senate vote.

    I wonder if that ever gives the Dems nightmares, creating 8 new seats in the senate and instantly filling them all with Republicans.
     

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