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BREAKING: Hearing Protection Act Update - Feds Pushing Back On States (We Are Winning)
BREAKING: Hearing Protection Act Update - Feds Pushing Back On States (We Are Winning)
Almost banned suppressors at state level, barely saved. Watch out!
SHORT Act
https://www.congress.gov/bill/119th-congress/house-bill/2395/text
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Alaska, Silencers are a prohibited weapon under Alaska Stat. § 11-61-200(h), but registration under the National Firearms Act is an affirmative defense (§11-61-200(c)).
COLORADO
18-12-102. Possessing a dangerous or illegal weapon - affirmative defense - definition.
(1) As used in this section, the term "dangerous weapon" means a firearm silencer, machine gun, machine gun conversion device, short shotgun, or short rifle.
(3) A person who knowingly possesses a dangerous weapon commits a class 5 felony.
(5) It shall be an affirmative defense to the charge of possessing a dangerous weapon,... that said person has a valid permit and license for possession of such weapon.
Connecticut, Conn. Gen. Stat. § 53a-211 prohibits silencers, except when permitted under federal law.
Georgia: Ga. Code Ann. §§ 16-11-122 and 16-11-124 prohibit silencers, but this prohibition does not apply to persons authorized by registration “in accordance with the dictates of the National Firearms Act.”
Kansas: Kan. Stat. Ann. § 21-6301 prohibits silencer, but this prohibition “shall not apply to or affect any person or entity in compliance with the national firearms act."
michigan: Mich. Comp. Laws § 750.224 carries a prohibition, but this does not apply to “A person licensed by the secretary of the treasury of the United States or the secretary's delegate.”
Mississippi: Miss. Code Ann. § 97-37-31 makes ownership legal for any person “duly authorized under federal law.”
Montana: Mont. Code Ann. § 45-8-337 makes it illegal to possess “a silencer that is not registered under federal law.”
Nevada: Nev. Rev. Stat. § 202.350 bans silencers “unless authorized by federal law.”
North carolina: N.C. Gen. Stat. § 14-288.8(c)(3) makes it legal to own or possess if “in compliance with 26 U.S.C. Chapter 53, §§ 5801-5871.”
North dakota: N.D. Cent. Code § 62.1-05-01. makes it illegal for person to possess suppressor “unless that person has complied with the National Firearms Act.”
Ohio: Ohio Rev. Code Ann. § 2923.17(C)(5) makes it illegal to possess a suppressor unless “registered in the national firearms registration and transfer record...”
Oregon: Oregon Rev. Stat. §166.272 makes silencers illegal, unless they are “registered as required under federal law.”
Pennsylvania: 18 Pa. Cons. Stat. § 908 makes it illegal to possess a “firearm specially made or specially adapted for concealment or silent discharge,” but it is a valid defense to show that you “complied with the National Firearms Act (26 U.S.C. § 5801 et seq.)”.
South Dakota: S.D. Codified Laws § 22-14-6 makes silencers legal if the owner “Has a valid state or federal license issued pursuant to law for such weapon or has registered such weapon with the proper state or federal authority pursuant to law."
Texas: section 46.05: HAD this law, but it seems to have been since changed…
Washington: Wash. Rev. Code §§ 9.41.250; 9.41.251 makes suppressors legal if “registered and possessed in accordance with federal law.”
Wisconsin: Wis. Stat. § 941.298 states that possessing a silencer is legal for “[a]ny person who has complied with the licensing and registration requirements under 26 USC 5801 to 5872.”
Virginia: Recent attempts to ban silencers in Virginia have been narrowly averted.
SEC. 4. Preemption of certain State laws in relation to firearm silencers.
Section 927 of title 18, United States Code, is amended by adding at the end the following: “Notwithstanding the preceding sentence, a law of a State or a political subdivision of a State that imposes a tax, other than a generally applicable sales or use tax, on making, transferring, using, possessing, or transporting a firearm silencer in or affecting interstate or foreign commerce, or imposes a marking, recordkeeping or registration requirement with respect to such a firearm silencer, shall have no force or effect.”.
Contents of this video:
0:00 - Intro
1:37 - Front Notes
3:50 - States Banning Suppressors
4:47 - Legal suppressor states
5:52 - New problems
6:57 - 10th Amendment
9:04 - Supremacy Clause
11:16 - Impossibility problem
12:50 - Final thoughts
14:36 - Quote of the Day
Legal Disclaimer: nothing in this video is offered as legal advice or a formation of attorney-client relationship. If you want to hire my firm to be a client, you need to do just that and hire us... not watch us on the internet. If that offends your delicate sensibilities, just stop and be an adult. If you are outside of Wisconsin and want an attorney, contact one near where you are and stop trying to blame the internet and other people for your problems. This video is for educational purposes only and any clips or images shown are under fair use.
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