ATF Picking A Fight With Texas Over Texas Made Suppressor Law!!!

[KBCraig]

To be more specific, the $200 excise tax is for the privilege to manufacture a silencer or to transfer a silencer.

I reject the argument that such activity is a privilege to be taxed.

Congress knew they had no authority to ban manufacture, transfer, or possession of NFA items. That is why they chose to apply a prohibitive tax instead. (Thanks to inflation, the tax is no longer outrageous, but the process is.)

Rights versus privileges is a specious argument. Free people have both rights and privileges, and a constitutionally limited government may not infringe upon either.

 

[solus]

I reject the argument that such activity is a privilege to be taxed.

Congress knew they had no authority to ban manufacture, transfer, or possession of NFA items. That is why they chose to apply a prohibitive tax instead. (Thanks to inflation, the tax is no longer outrageous, but the process is.)

Rights versus privileges is a specious argument. Free people have both rights and privileges, and a constitutionally limited government may not infringe upon either.

Sorry, how is a firearm silencer ownership covered by the founding father's document(s) in regard to this country's citizens rights, inquiring minds would like to know?

 

[Firearms Iinstuctor]

Sorry why isn't it.

The founding documents are a restriction on the government.

Not a statement of what isn't written is not allowed. But just the opposite what isn't restricted is allowed.

Just the opposite was been force on us. Our ability to live without government interference has been greatly reduced.

 

[color of law]

I reject the argument that such activity is a privilege to be taxed.

Congress knew they had no authority to ban manufacture, transfer, or possession of NFA items. That is why they chose to apply a prohibitive tax instead. (Thanks to inflation, the tax is no longer outrageous, but the process is.)

Rights versus privileges is a specious argument. Free people have both rights and privileges, and a constitutionally limited government may not infringe upon either.

That's all well and good, but you and whose army is going to put the gov. in their place? The states aren't going to do it.

 

[color of law]

Sorry, how is a firearm silencer ownership covered by the founding father's document(s) in regard to this country's citizens rights, inquiring minds would like to know?

I don't think that is the argument. Calling a cow a pig doesn't make a cow a pig. Calling a silencer a firearm doesn't make a silencer a firearm.

18 USC 921(24) The terms “firearm silencer” and “firearm muffler” mean any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication.

A "My Pillow" would a silencer if I intended it to be such and used it as such. I would argue a silencer is a flash suppresser. That's my intention and the intention is reasonable.

I believe the argument being made these days is a silencer is a safety devise or hearing protection devise. A reasonable intention.

 

[solus]

I don't think that is the argument. Calling a cow a pig doesn't make a cow a pig. Calling a silencer a firearm doesn't make a silencer a firearm.


A "My Pillow" would a silencer if I intended it to be such and used it as such. I would argue a silencer is a flash suppresser. That's my intention and the intention is reasonable.

I believe the argument being made these days is a silencer is a safety devise or hearing protection devise. A reasonable intention.

In 2015, Los Angeles County sheriff deputies recovered a Sa vz. 26 submachine gun with an automobile oil filter attached.
Weingarten, Dean (November 27, 2015). "Homeless Man's Black Market Submachine Guns and Improvised Silencer". thetruthaboutguns.com.

PVC pipes
Workbench Silencers: The Art Of Improvised Designs.

plastic water bottles
Emerson, Clint (Oct 13, 2015). 100 Deadly Skills: The SEAL Operative's Guide to Eluding Pursuers, Evading Capture, and Surviving Any Dangerous Situation.

foam-filled pillows
Itabashi, Hideo H. (2011). "Injuries Due to Firearms and Other Missile-Launching Devices". Forensic Neuropathology: A Practical Review of the Fundamentals.

however, yes these items and others are illegal to use as a silencer/suppressor/etc. and must have a ATF Form 1 and the ATF's privilege stamp... >>> earlier this year ATF raided Diversified Machine because the ATF determined that Diversified Machine was manufacturing what the ATF felt constituted a suppressor and selling them to individuals.

“We’re Now Living Out Minority Report” ATF Unofficially Declares Solvent Traps to Be Suppressors – The Machine Gun Nest

themachinegunnest.com

but know CoL i promise won't snitch on you for hiding your silencer pillow in plain sight...now where did i put the ATF's informer fone ##

 

[color of law]

Per the ATF:

The website www.diversifiedmachine.us has been seized by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), in accordance with a seizure warrant obtained by the United States Attorney’s Office for the Eastern District of Michigan.
www.atf.gov/detroit-field-division/seized-website-diversified-machine

It is a violation of federal law to manufacture, receive, transport, and/or deliver a silencer not registered in the National Firearms Registration and Transfer Record (NFRTR) (26 USC §§ 5861(a),(d),(e),(f), and (j)).

How about that, it is a tax case.

 

[KBCraig]

Sorry, how is a firearm silencer ownership covered by the founding father's document(s) in regard to this country's citizens rights, inquiring minds would like to know?

Serious minds already know that rights aren't created by nor limited by the founding documents; those limit the government, not the people.