Texas-Book-Gun Law Armed And Educated - Flipbook - Page 460
own and possess the item as it would not be subject to the federal
requirements under the NFA.
Under the “Made in Texas” suppressor law, the item would
essentially have to be made in Texas from basic materials or
insignificant parts. Additionally, a suppressor manufactured and
sold in Texas must have the words “Made in Texas” clearly
stamped on it. The law goes on to say that a person interested
in manufacturing a suppressor under the “Made in Texas” statute
must write the Texas Attorney General expressing their intent.
At that point, the Texas Attorney General’s office will seek a
declaratory judgment from a federal district court stating that this
law is valid and consistent with the United States Constitution.
We are hopeful, but similar attempts in Kansas and Montana have
been unsuccessful.
End of story, right? Wrong! As we all know, federal law trumps
state law. Article VI, Paragraph 2 of the United States Constitution,
the Supremacy Clause, states that the Constitution takes precedence
over state law. If there is a state law that is in conflict with federal
law, then the federal generally prevails. In this case, silencers and
suppressors are governed by federal law. Therefore, an individual
would be required to get a tax stamp and pay a tax to the federal
government to own or possess a silencer or suppressor.
So, if a person manufactures or possesses one of these “Made
in Texas” suppressors, it is very likely that the ATF could come
knocking on their door; this could result in an arrest and prosecution
for a serious federal felony. It will take some time before one of
these cases makes it before a court to see if the law is upheld. In the
meantime, if you do not want to be a test case under this law, go
through the ATF process.
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