Author Topic: Federal Judge Allows Lawsuit to Exempt Texas-Made Suppressors from Federal Law to Move Forward  (Read 474 times)

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Offline Elderberry

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The Texan by Matt Stringer October 3, 2022

Federal Judge Allows Lawsuit to Exempt Texas-Made Suppressors from Federal Law to Move Forward

A federal judge allowed a lawsuit that seeks to exempt Texas-made firearms suppressors from federal registration requirements to move forward.


A lawsuit by Texas Attorney General Ken Paxton seeking to exempt Texas-made suppressors from federal regulations will move forward, after federal Judge Mark Pittman on Monday ruled against a motion to dismiss the case.

The ruling constitutes a procedural win for Paxton and co-plaintiffs in the case, which was filed on behalf of several Texas residents.

Attorney Tony McDonald, legal counsel for several of the plaintiffs, wrote on social media that the “big (initial) win” will allow the case to move forward and that the judge rejected the argument that suppressors are firearms accessories and not protected by the Second Amendment.

More: https://thetexan.news/federal-judge-allows-lawsuit-to-exempt-texas-made-suppressors-from-federal-law-to-move-forward/

Offline Elderberry

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The Sounds of Silencers

Lawrence Person's BattleSwarm Blog 10/5/2022

Ken Paxton clears a hurdle in his goal to expanding the freedom of Texans under federalism.

    A lawsuit by Texas Attorney General Ken Paxton seeking to exempt Texas-made suppressors from federal regulations will move forward, after federal Judge Mark Pittman on Monday ruled against a motion to dismiss the case.

Attorney Tony McDonald, legal counsel for several of the plaintiffs, wrote on social media that the “big (initial) win” will allow the case to move forward and that the judge rejected the argument that suppressors are firearms accessories and not protected by the Second Amendment.

“Obviously this doesn’t mean we’ll win, but importantly it signals Pittman rejects [the Bureau of Alcohol, Tobacco, Firearms, and Explosives]’s argument that suppressors are just accessories and are not protected by the 2A. That seemed to be a pretty clear legal question that, if accepted, meant we had no case,” McDonald wrote.

The case has considerable importance not only on Second Amendment grounds, but on Tenth Amendment grounds as well. It is obvious that the Founders only intended to regulate commerce between states, not within a single state, and much government-expanding mischief has been wrought in the name of the commerce clause. Breathing new life into the Tenth Amendment would help remedy that.

Now we’ll see if the case can make it all the way to the Supreme Court…

More: https://www.battleswarmblog.com/?p=52843

Offline Smokin Joe

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  • I was a "conspiracy theorist". Now I'm just right.
If they aren't firearms, what is the BATF doing regulating them?
I feel the same about bump stocks,and I don't own either one.
(THE NFA of '34 is unconstitutional, imho, anyway).
How God must weep at humans' folly! Stand fast! God knows what he is doing!
Seventeen Techniques for Truth Suppression

Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.

C S Lewis

Offline Idiot

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If they aren't firearms, what is the BATF doing regulating them?
I feel the same about bump stocks,and I don't own either one.
(THE NFA of '34 is unconstitutional, imho, anyway).
I don't own either as well.  I have friends that use suppressors for hunting hogs.  The main reason they give for using them is that it's to protect their hearing.  This person in particular does have some hearing loss and I can see their point in using one.