b1ack5mith
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No more federal government controlling MADE IN UT accessories...?
- Thread starter b1ack5mith
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I'm certainly no legal expert or authority, so take this for what's it worth. I am however both an FFL (type 7-manufacture) and an SOT (can manufacture suppressors / machine guns, etc.) When this law got signed by the governor I specifically asked the ATF about manufacturing both guns and suppressors. The response from the agent was a verbal one and doesn't really carry much weight but he said: "Anyone trying to make Utah only guns or suppressors will have ATF agents all over them and a lawsuit to deal with." He said this was especially true of NFA items.
In a way, everyone has always been able to make suppressors. It's not that hard. You could even use them without consequence (albeit illegally) as long as the ATF never found out (of course I'm not advocating this)... The only difference now, is that the court case will be more interesting if you are caught at this point.
I'm certainly no legal expert or authority, so take this for what's it worth. I am however both an FFL (type 7-manufacture) and an SOT (can manufacture suppressors / machine guns, etc.) When this law got signed by the governor I specifically asked the ATF about manufacturing both guns and suppressors. The response from the agent was a verbal one and doesn't really carry much weight but he said: "Anyone trying to make Utah only guns or suppressors will have ATF agents all over them and a lawsuit to deal with." He said this was especially true of NFA items.
In a way, everyone has always been able to make suppressors. It's not that hard. You could even use them without consequence (albeit illegally) as long as the ATF never found out (of course I'm not advocating this)... The only difference now, is that the court case will be more interesting if you are caught at this point.
leeland
Regular Member
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The following Legislative review note is relevant:
"Congress has provided a comprehensive system for regulating the manufacture of firearms, including broad licensing requirements. Congress has also provided that contrary state laws are invalid. Existing judicial interpretations of Congress's power to regulate intrastate conduct allow the manufacture of firearms to be restricted by federal law. Accordingly, because this legislation purports to limit the reach of the federal law and is inconsistent with the federal firearms provisions, this legislation is highly likely to be held to be unconstitutional under the United States Constitution's Supremacy Clause."
http://le.utah.gov/~2010/bills/sbillint/sb0011.htm
The following Legislative review note is relevant:
"Congress has provided a comprehensive system for regulating the manufacture of firearms, including broad licensing requirements. Congress has also provided that contrary state laws are invalid. Existing judicial interpretations of Congress's power to regulate intrastate conduct allow the manufacture of firearms to be restricted by federal law. Accordingly, because this legislation purports to limit the reach of the federal law and is inconsistent with the federal firearms provisions, this legislation is highly likely to be held to be unconstitutional under the United States Constitution's Supremacy Clause."
http://le.utah.gov/~2010/bills/sbillint/sb0011.htm
b1ack5mith
Regular Member
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Please remove this post.
Please remove this post.
rpyne
Regular Member
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Leelando wrote:
http://earthhopenetwork.net/forum/showthread.php?tid=527
Leelando wrote:
If you have a County Sheriff with a little intestinal fortitude, you would have no problem. The 10th Circuit Court (which includes Utah) recently affirmed that the County Sheriff is the ultimate law enforcement authority and has the power to prohibit any federal or state law enforcement from operating in his county. Following on that ruling, the Big Horn County (Wyoming) Sheriff has prohibited both IRS and ATF from operating in the county.I'm certainly no legal expert or authority, so take this for what's it worth. I am however both an FFL (type 7-manufacture) and an SOT (can manufacture suppressors / machine guns, etc.) When this law got signed by the governor I specifically asked the ATF about manufacturing both guns and suppressors. The response from the agent was a verbal one and doesn't really carry much weight but he said: "Anyone trying to make Utah only guns or suppressors will have ATF agents all over them and a lawsuit to deal with." He said this was especially true of NFA items.
In a way, everyone has always been able to make suppressors. It's not that hard. You could even use them without consequence (albeit illegally) as long as the ATF never found out (of course I'm not advocating this)... The only difference now, is that the court case will be more interesting if you are caught at this point.
http://earthhopenetwork.net/forum/showthread.php?tid=527
swillden
Regular Member
imported post
rpyne wrote:
http://gunowners.org/op0021.htm
rpyne wrote:
This wasn't recent. The court case was in the late 90s, and the court didn't issue any ruling, it just affirmed a settlement between Bighorn County and the federal government as a result of a major screwup by the INS. The feds did agree in the settlement to let the County Sheriff oversee their operations, but that agreement isn't binding anywhere else.
http://gunowners.org/op0021.htm
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I contacted the local sheriff dept and asked what would happen to someone who made a supressor for his 22 rifle or handgun. I was informed that the local sherrif dept wouldn't bother anyone who was not breaking any state law. I asked if someone could expect pertection from the feds. He said, "that's a good one, but you could very well get pertection from us in this case.
I contacted the local sheriff dept and asked what would happen to someone who made a supressor for his 22 rifle or handgun. I was informed that the local sherrif dept wouldn't bother anyone who was not breaking any state law. I asked if someone could expect pertection from the feds. He said, "that's a good one, but you could very well get pertection from us in this case.
scorpioajr
Regular Member
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b1ack5mith wrote:
b1ack5mith wrote:
ATF knock on your door and push you around or something?? :shock: