Kansas homemade silencer case

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  • nmyers

    Active Member
    Jul 9, 2016
    154
    Yes, very interesting.

    The article doesn't indicate that there was prosecution for manufacturing a firearm without a license, another violation of federal law. (I understand that anyone can make a firearm for his own use, but not transfer it.)

    This case seems similar to states' legalization of marijuana. Since the federal government abdicated its responsibility to enforce federal drug law within any one state's borders, does that mean that they given up ALL legal authority to control intra-state affairs?
     

    j_h_smith

    Ultimate Member
    Jul 28, 2007
    28,516
    This won't be settled anywhere but at the SC. Hopefully enough delay can be built into the appeal and the NEW SCOTUS will hear this case.
     

    whistlersmother

    Peace through strength
    Jan 29, 2013
    8,948
    Fulton, MD
    How does a homemade silencer impact interstate commerce?

    Oh yea, by building it, he affected interstate commerce by not engaging in interstate commerce.

    That decision must be overturned.
     

    Elliotte

    Ultimate Member
    Aug 11, 2011
    1,207
    Loudoun County VA
    Yes, very interesting.

    The article doesn't indicate that there was prosecution for manufacturing a firearm without a license, another violation of federal law. (I understand that anyone can make a firearm for his own use, but not transfer it.)

    This case seems similar to states' legalization of marijuana. Since the federal government abdicated its responsibility to enforce federal drug law within any one state's borders, does that mean that they given up ALL legal authority to control intra-state affairs?

    It is perfectly legal to build your own firearms without a manufacturing license. It is perfectly legal to sell those firearms without a manufacturing license or other FFL. What is not legal is to be in the business of selling firearms without a FFL. The difference is like porn laws "I know it when I see it". It is a very vague area that is not properly defined.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Yeah. Build one and sell it, no problem. Build one a week and sell them, no go. Somewhere in between is the dividing line. And it maybe different depending on the particular BATFE agent.
     

    Indiana Jones

    Wolverine
    Mar 18, 2011
    19,480
    CCN
    There was a guy at the Denver gun show selling complete "solvent traps" with guides for drill bits in the package, and QD brakes.....no thanks. I'm not risking that. I'm going by the book.
     

    j_h_smith

    Ultimate Member
    Jul 28, 2007
    28,516
    There was a guy at the Denver gun show selling complete "solvent traps" with guides for drill bits in the package, and QD brakes.....no thanks. I'm not risking that. I'm going by the book.

    I think there was someone selling them at the Chantilly show some time ago. I know I saw them at a few PA shows.

    Makes ya wonder what people are thinking...
     

    Indiana Jones

    Wolverine
    Mar 18, 2011
    19,480
    CCN
    I think there was someone selling them at the Chantilly show some time ago. I know I saw them at a few PA shows.

    Makes ya wonder what people are thinking...

    Yea he went on with his spiel about 'let's say you get drunk one night a drill holes in your solvent trap..thats no good because then you broke the law. thats why our kits come with 2 end caps so you can always be in compliance..kinda'. I couldn't get away from his table fast enough hahaha.
     

    nmyers

    Active Member
    Jul 9, 2016
    154
    Maybe I don't understand the meaning of the words in ATF P5300.4; what am I missing?

    "(A6) Does the GCA prohibit anyone
    from making a handgun, shotgun
    or rifle?
    With certain exceptions a firearm
    may be made by a nonlicensee provided
    it is not for sale and the maker
    is not prohibited from possessing
    firearms. However, a person is prohibited
    from assembling a nonsporting
    semi-automatic rifle or nonsporting
    shotgun from imported parts. In addition,
    the making of an NFA firearm
    requires a tax payment and approval
    by ATF. An application to make a
    machinegun will not be approved
    unless documentation is submitted
    showing that the firearm is being
    made for a Federal or State agency.
    [18 U.S.C. 922(o) and (r), 26 U.S.C.
    5822, 27 CFR 478.39, 479.62 and
    479.105]"
     

    EL1227

    R.I.P.
    Patriot Picket
    Nov 14, 2010
    20,274
    Remember THIS name ... Kris Kobach

    And in another twist, the man who helped write the state's gun law — Kansas Secretary of State Kris Kobach — is now a potential pick for a job in the Trump administration. Kobach has called this case "a perfect example of a prosecution that should never occur."

    Photo of Trump-Kobach meeting reveals apparent DHS proposal

    A photo-op Sunday with Donald Trump may have revealed prospective Cabinet member Kris Kobach's plans for the Department of Homeland Security.
     

    frogman68

    товарищ плачевная
    Apr 7, 2013
    8,774
    But violating the federal pot laws go unpunished. This really gets my goat. The left is fine with this but not going after the states that have legalized pot . Trump cant get in fast enough
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Maybe I don't understand the meaning of the words in ATF P5300.4; what am I missing?

    "(A6) Does the GCA prohibit anyone
    from making a handgun, shotgun
    or rifle?
    With certain exceptions a firearm
    may be made by a nonlicensee provided
    it is not for sale and the maker
    is not prohibited from possessing
    firearms. However, a person is prohibited
    from assembling a nonsporting
    semi-automatic rifle or nonsporting
    shotgun from imported parts. In addition,
    the making of an NFA firearm
    requires a tax payment and approval
    by ATF. An application to make a
    machinegun will not be approved
    unless documentation is submitted
    showing that the firearm is being
    made for a Federal or State agency.
    [18 U.S.C. 922(o) and (r), 26 U.S.C.
    5822, 27 CFR 478.39, 479.62 and
    479.105]"

    That does not say you cannot sell it. It says you cannot make it TO SELL.

    I make, I later decide to sell it. No problem.

    I make it to sell to you, big problem.
     

    11wideglide

    Member
    Feb 3, 2017
    33
    Baltco
    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.
     

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