Kansas homemade silencer case

The #1 community for Gun Owners of the Northeast

Member Benefits:

  • No ad networks!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    200 years of Dormant commerce clause case law won't be overturned. This is the kind of thing that just landed a dumb sucker in jail.
     

    j_h_smith

    Ultimate Member
    Jul 28, 2007
    28,516
    I was reading about this yesterday, I did a quick Google search of Kansas gun shops. Many of the local KS gun shop websites say they are not participating in the "Made in Kansas, Stays in Kansas" so called law.

    But the fact is, there is a law that allows this to occur. Why would the Kansas legislature pass a law that would put their citizenry at odds with the federal government.

    This is very odd.
     

    tkd4life

    Ultimate Member
    Sep 10, 2010
    1,737
    Southern Maryland
    But the fact is, there is a law that allows this to occur. Why would the Kansas legislature pass a law that would put their citizenry at odds with the federal government.

    This is very odd.

    The same reason 23 states in the U.S have legalized marijuana use either for medical reasons or for recreational reasons. It is still a federal crime to produce, distribute, or consume marijuana. Much like our immigration laws, the federal government just chooses not to enforce those laws. States passing laws that are in conflict with federal laws are nothing new. Just in this case, the federal government chose to enforce the law.
     

    Ranchero50

    Ultimate Member
    Dec 15, 2012
    5,411
    Hagerstown MD
    The interesting thing is they were both given supervised probation for breaking a law whose penalty will prohibit them from owning firearms. Would a pardon by the Kansas governor nullify that?
     

    j_h_smith

    Ultimate Member
    Jul 28, 2007
    28,516
    The interesting thing is they were both given supervised probation for breaking a law whose penalty will prohibit them from owning firearms. Would a pardon by the Kansas governor nullify that?

    My guess would be a pardon will only occur after their probationary period is completed. As governor, I wouldn't want to pardon someone without knowing that they are committed to fulfilling their civic duties.
     

    tkd4life

    Ultimate Member
    Sep 10, 2010
    1,737
    Southern Maryland
    My guess would be a pardon will only occur after their probationary period is completed. As governor, I wouldn't want to pardon someone without knowing that they are committed to fulfilling their civic duties.

    I would pardon them just for the hell of it. I'm not sure if it is the same one, but at some point a governor signed the state law into effect knowing full well that it was in conflict with federal law. The state legislature and governor set these guys up for the fall, it's only right that they use their power to make it go away if they can.
     

    HaveBlue

    HaveBlue
    Dec 4, 2014
    733
    Virginia
    A pardon would be nice but.... I don't believe the Governor of Kansas can grant a pardon for a federal conviction. Much the same way that the Governor of one state can't grant a pardon for a conviction in another state.
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    Loss at 10th Circuit
    https://www.ca10.uscourts.gov/opinions/17/17-3034.pdf

    Notable...
    DppsFcyX4AEVchh
     

    rockstarr

    Major Deplorable
    Feb 25, 2013
    4,592
    The Bolshevik Lands
    I don't even know why attorneys even bother showing up to circuit cases. They almost never side with the constitution imo.

    id just not even bother wasting my breath in the circuit, take my loss and appeal to the SC.
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    Its noteworthy that their conclusions on short barreled rifles comes almost straight from Heller on short barreled shotguns:

    More telling is Heller’s conclusion that short-barreled shotguns—close analogues to short-barreled rifles belong in that category of weapons not typically possessed by law-abiding citizens for lawful purposes and, therefore, not protected by the Second Amendment. 554 U.S. at 624–25 (discussing Miller , 307 U.S. at 178); accord United States v. Artez , 290 F. App’x 203, 208 (10th Cir. 2008) (noting that Heller expressly foreclosed Artez’s argument that the Second Amendment protected his possession of a sawed-off shotgun)

    Though these cases dealt with short-barreled shotguns, rather than short-barreled rifles, Cox has offered no meaningful distinction between the two. We need not opine on whether a sufficient factual record could be developed to distinguish short-barreled rifles from short-barreled shotguns. On the record and argument before us, we take our cue from Heller and conclude that the possession of short-barreled rifles falls outside the Second Amendment’s guarantee.

    Silencers are not covered, according to the panel, because they are an "accessory."

    The 10th IMO somewhat faithfully followed Heller. The problem once again is Heller, not the lower courts.

    For the court to strike down the NFA, the Supreme Court would have to adopt a militia or police use test for weapons: Do the militia/police use them? Then they are covered. Alito suggested something akin to this test in Caetano concurrence IIRC.

    Also: Kavanaugh in Heller II or III, when I read the opinion, did not seem to suggest a police use test.

    Adopting a police use test would be controversial, it would mean striking down the machine gun ban as well. Dont hold your breath. I strongly doubt Roberts would vote for it. Even though it is the intellectually honest answer, I doubt anyone here will live so long to see it.
     

    SPQM

    Active Member
    May 21, 2014
    302
    A militia/police test is already in use for NFA items.

    In the absence of any evidence tending to show that possession or use of a “shotgun having a barrel of less than eighteen inches in length” at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument. Certainly it is not within judicial notice that this weapon is any part of the ordinary military equipment or that its use could contribute to the common defense. Aymette v. State, 2 Humphreys (Tenn.) 154, 158.

    In 1934, SBRs and SBS, along with suppressors and infantry machine guns, were kind of unusual implements for military forces.

    It took until WW2 for SMGs to become commonly accepted infantry small arms, and machine rifles weren't common infantry small arms until 1960s (first M-14 and then later M-16).

    Likewise, it wasn't until 1944-1945, that a prototo-SBR had a chance of coming into service, with the experimental "Tanker Garand", mass production of which was aborted by the Japanese Surrender in 1945, even though the Tanker Garand was a few inches too long in both OAL and BBL to meet the SBR definition.

    It wasn't until the late 1970s with counter terrorism teams that suppressors were standard issue in military/police forces; likewise, it wasn't until the 1990s thanks to advances in powder technology that it was possible to get decent ballistics out of a SBR level barrel in the M4 Carbine.

    So; if we go by Miller, the only thing left that could be covered by the NFA are unique gimmick weapons such as "zip guns" or disguised guns like cane guns.
     

    HaveBlue

    HaveBlue
    Dec 4, 2014
    733
    Virginia
    "Doesn't burden protected conduct"

    I would love to ask those justices what they consider to be protected conduct. In their eyes, what firearm do I have an absolute right to own? A bolt action hunting rifle? A two shot .22 derringer? A double barrel shotgun?

    They keep whittling away a the top. We MUST get them on the record affirming where the absolute bottom is. Why don't we?

    BTW I also like the police test. The same freedom suckers that cling to the word "Militia" and ask if a tyrannical government armed with tanks and F18s could be overthrown by AR15s need to be asked a question. How could they be overthrown without machine guns? It's a dumb question but sometimes you have to meet people 'where they are' and ask them questions to force them to think.
    .
     

    W2D

    Ultimate Member
    Dec 2, 2015
    2,074
    Escaped MD for FL
    "Doesn't burden protected conduct"

    I would love to ask those justices what they consider to be protected conduct. In their eyes, what firearm do I have an absolute right to own? A bolt action hunting rifle? A two shot .22 derringer? A double barrel shotgun?

    They keep whittling away a the top. We MUST get them on the record affirming where the absolute bottom is. Why don't we?

    BTW I also like the police test. The same freedom suckers that cling to the word "Militia" and ask if a tyrannical government armed with tanks and F18s could be overthrown by AR15s need to be asked a question. How could they be overthrown without machine guns? It's a dumb question but sometimes you have to meet people 'where they are' and ask them questions to force them to think.
    .



    Asking the police (or rather, the Federal government law enforcement agencies) about your rights to own weapons to potentially overthrow the Federal government law enforcement agencies?

    Let me consult my magic eight ball...




    Sent from my bunker using Tapatalk Pro
     

    Users who are viewing this thread

    Latest posts

    Forum statistics

    Threads
    274,916
    Messages
    7,258,514
    Members
    33,348
    Latest member
    Eric_Hehl

    Latest threads

    Top Bottom