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