HR 367: To provide that silencers be treated the same as long guns

[carguychris]

I see where it would preempt registrations and taxes ("a tax on any such conduct, or a marking, recordkeeping or registration requirement") at the state level, but nothing else. If a state has a law which is a general ban on the ownership / possession of silencers, this bill doesn't appear to preempt such a law, does it?

I believe you are correct; as I read it, the bill does not preempt a state from enacting an outright ban.

FWIW it also doesn't explicitly preempt a state from requiring a license to carry a silencer, depending on how one interprets the words "possessing" and "transporting," and/or whether the license fee could be considered to be a tax.

If the law passes, restrictive states are likely to pass both bans and licensing requirements, and there will likely be legal challenges which may not be worked out for some time.

The main thing is that this clause (a) appears to exempt suppressors from state-imposed UBCs, which would impose a record-keeping requirement above and beyond the minimum requirement in federal law; and (b) forestalls conflicts with state laws that make silencer possession legally conditional upon NFA registration which has ceased (as I discussed earlier).

 

[ARSG12]

If this bill went through to become law, I could see an enormous drop in the price of suppressors since they aren't all that expensive to produce, and are relatively simple to construct. It would no doubt become legal for people to publish articles and videos on how to construct your own. Once people learn how to build one for prices ranging from free to maybe $20, people would be less willing to pay $200 or more for one.

 

[johnwilliamson062]

It would no doubt become legal for people to publish articles and videos on how to construct your own.

I believe doing so is legal currently.

 

[Aguila Blanca]

It would no doubt become legal for people to publish articles and videos on how to construct your own.

I believe doing so is legal currently.

I believe you are correct. However, anyone who watches such videos has to worry about the BATFE raiding their home and confiscating their eyeballs ...

 

[DMK]

Contact your reps about these bills with the NRA's convenient form here:

https://act.nraila.org/takeaction.aspx?AlertID=1422


If that doesn't work for you, follow the "Write Your Reps tool" link at the bottom of this article:

https://www.nraila.org/articles/201...rom-you-on-the-hearing-protection-act-of-2017

 

[Armorer-at-Law]

For example, if there is a law saying the GOVT cannot keep a list that contains A, B, and C, then they don't. One dept gets a list that has A and C, another dept gets one that has B and C, another one gets A and B etc. Since there is no single list that has A, B, and C, then they are obeying the law.

The law can also require a manufacturer or licensed seller to keep such lists, which are then subject to subpoena.

Quote:
Originally Posted by johnwilliamson062
Quote:
It would no doubt become legal for people to publish articles and videos on how to construct your own.
I believe doing so is legal currently.
I believe you are correct. However, anyone who watches such videos has to worry about the BATFE raiding their home and confiscating their eyeballs ...

Not really.

If this bill went through to become law, I could see an enormous drop in the price of suppressors since they aren't all that expensive to produce, and are relatively simple to construct. * * * Once people learn how to build one for prices ranging from free to maybe $20, people would be less willing to pay $200 or more for one.

Yes, but there will still be a market for better quality suppressors, especially for higher pressure, centerfire calibers.

 

[ARSG12]

I believe doing so is legal currently.

Oh yeah, I've seen videos like that on Youtube, but I wasn't sure if those were there only for awhile and then taken down if someone said something about it. But on sites such as this forum or other gun forums, I've asked for tips on how to construct something simple in the past and was always told that posting instructions for illegal activities was forbidden. That's the sort of thing that would be a welcome change. Maybe a special section could even be set up for people to post their own construction projects for making your own suppressors (if the law allowing this to be done passes, of course). It would be a neat little project for hobbyists who like to do-it-yourself when possible.

 

[carguychris]

...on sites such as this forum or other gun forums, I've asked for tips on how to construct something simple in the past and was always told that posting instructions for illegal activities was forbidden.

Social media bans on "how-to" discussion of illegal activities aren't strictly contingent on the legality of the discussion itself.

Such bans have more to do with decorum, just like if you were to walk into a hotel lobby and loudly unleash a tirade of profanity, the management would have the right to throw you out. There are also liability issues to consider.

It's not necessarily a 1A issue because a private forum isn't bound by the 1A—only the government is.

 

[johnwilliamson062]

I've watched quite a few. Have a few books. Some prints.
I'm not all that worried about it.
There are multiple online communities dedicated to home gunsmithing and you can find the information on them. This site is very general, but information has been posted here in the past.

 

[carguychris]

Update...

Text of S.59 has been posted and can be downloaded in PDF form HERE.

I don't see any differences between this bill and H.R.367.

 

[vicGT]

carguychris...thanks for posting that update