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Re: HB145 - Firearms Freedom Act

Posted: Sat Feb 26, 2011 3:04 pm
by Dave2
McKnife wrote:
The Firearms Freedom Act is similar to legislation passed in other states which says that any firearm, firearms accessories, and ammo made and retained in Texas is not part of the interstate commerce and hence not subject to federal law or regulation.
So, Texas Manufactured firearms (like LaRue) would be exempt from Federal Law & Regulation such as 4473's?? :headscratch
The key phrase there is "and retained". If it's made in TX and sold in TX, then it's not interstate commerce and the feds don't have any authority over it.

Re: HB145 - Firearms Freedom Act

Posted: Sat Feb 26, 2011 5:00 pm
by tacticool
Dave2 wrote:
McKnife wrote:So, Texas Manufactured firearms (like LaRue) would be exempt from Federal Law & Regulation such as 4473's?? :headscratch
The key phrase there is "and retained". If it's made in TX and sold in TX, then it's not interstate commerce and the feds don't have any authority over it.
Building a home-made suppressor for your own use is not commerce, much less interstate commerce. :mrgreen:

Re: HB145 - Firearms Freedom Act

Posted: Sat Feb 26, 2011 6:22 pm
by Pawpaw
Don't forget about Bond Arms in Granbury.

Re: HB145 - Firearms Freedom Act

Posted: Sat Feb 26, 2011 7:01 pm
by Bullwhip
tacticool wrote:Building a home-made suppressor for your own use is not commerce, much less interstate commerce. :mrgreen:
You'd think growing your own wheat for your family and livestock wouldn't be either, huh? The supremes said it is because then you're not buying it from someone else and that affects interstate commerce.

Re: HB145 - Firearms Freedom Act

Posted: Sat Feb 26, 2011 7:18 pm
by RPB
Bullwhip wrote:
tacticool wrote:Building a home-made suppressor for your own use is not commerce, much less interstate commerce. :mrgreen:
You'd think growing your own wheat for your family and livestock wouldn't be either, huh? The supremes said it is because then you're not buying it from someone else and that affects interstate commerce.
True, they need to get onto those CallyFornian's "growing their own" and affecting "International Trade with Mexico"
They need to send the FDA, INS, CIA, FBI, and BATFE over there and dispose of all that. Maybe the ACLU too.
"rlol" :smilelol5:

Re: HB145 - Firearms Freedom Act

Posted: Sat Feb 26, 2011 9:50 pm
by Liberty
The Obamans have no problems with growing marijauana even though it is against federal law. But try selling raw milk or wheat. and they will come down on a farmer like a ton of bricks. He will tolerate a state like California making illegal laws. But he will do what ever he can do break or destroy George W. Bush's home state of church going gunl clingers.

Re: HB145 - Firearms Freedom Act

Posted: Sat Feb 26, 2011 10:17 pm
by cbr600
JJVP wrote:
RHenriksen wrote:I'm all for it, as well as house bill 181 which exempts firearms & ammo from state sales tax.
It only exempts firearms and ammo for a specific time, not permanently. Same as the limited tax exemption for clothing and footware.

Sec.A151.344.AAHANDGUNS, RIFLES, SHOTGUNS, AND AMMUNITION.
The sale of a handgun, a rifle, a shotgun, or ammunition for a
handgun, rifle, or shotgun is exempted from the taxes imposed by
this chapter if the sale takes place during the period described by
Section 151.326(a)(2).


Section 151.326(a)(2)
(2) the sale takes place during a period beginning at 12:01 a.m. on the third Friday in August and ending at 12 midnight on the following Sunday
It sounds like it would include firearms and ammo in the tax free weekend list for Texas. That's a nice touch. The tax free weekend in North Carolina included sporting goods and computers, which would also be a nice addition to the Texas list - if the state could cut spending to reasonable levels.

Re: HB145 - Firearms Freedom Act

Posted: Tue Mar 01, 2011 11:06 pm
by CJD
If Texas-made guns would not be federal jurisdiction (under the proposed bill), does that mean that under 21 but 18+ could buy Texas-made handguns (if there are any I'm not sure)?

Re: HB145 - Firearms Freedom Act

Posted: Wed Mar 02, 2011 7:57 am
by hirundo82
CJD wrote:If Texas-made guns would not be federal jurisdiction (under the proposed bill), does that mean that under 21 but 18+ could buy Texas-made handguns (if there are any I'm not sure)?
Under-21 year-olds are already legal to purchase handguns, as long as they aren't purchasing them in interstate commerce (ie from an FFL).

Re: HB145 - Firearms Freedom Act

Posted: Wed Mar 02, 2011 11:59 am
by CJD
Oh well yeah, I was just wondering if FFL were to sell state-made handguns as well if those particular models would be legal to buy from them.

Re: HB145 - Firearms Freedom Act

Posted: Wed Mar 02, 2011 2:34 pm
by hirundo82
CJD wrote:Oh well yeah, I was just wondering if FFL were to sell state-made handguns as well if those particular models would be legal to buy from them.
An FFL could sell handguns made in the state only if they didn't mind having their license revoked by the ATF at the very least, and very likely serving prison time. If someone set up a business to sell only in-state-made firearms, they would be prosecuted for being in the business of selling firearms without being a licensed dealer.

The bill honestly won't do much in practical or legal terms. The state of Commerce Clause jurisprudence is such that virtually any activity can be regulated even if the goods never cross state lines (see Gonzales v. Raich), and with the court cases against the individual mandate against Obamacare the Obama Administration is trying to argue they can also prohibit your decision to not participate in an activity (in that case to not purchase insurance).