AUSTIN, Texas (May 10, 2019) – On Friday, the Texas House passed a bill that would decriminalize firearm sound suppressors under state law and end some state enforcement of federal laws regulating them in the Lone Star State.

Rep. Tom Oliverson (R-Houston), along with a bipartisan coalition of three cosponsors, introduced House Bill 2286 (HB2286) on Feb. 25. Under the proposed law, state agencies could not adopt any rule, order, ordinance, or policy to enforce a federal statute, order, rule, or regulation that purports to regulate a firearm suppressor that does not exist under the laws the state. It would also repeal a provision in current state law making it an offense to possess, manufacture, transport, repair or sell a firearm suppressor unless it is registered by the National Firearms Registration and Transfer Record.

On May 10, the House passed HB2286 by a 92-46 vote.

As originally introduced, the legislation would have effectively ended all state enforcement of federal laws relating to firearms sound suppressors, but an amendment on the House floor would allow law enforcement agents to enforce such laws “if the officer is cooperating with an agent of the federal government as a member of a task force.” This opens up a huge loophole. In effect, state and local law enforcement officers would continue to fully participate in the enforcement of “silencer” regulations. Joint federal-state task forces are the norm, not the exception.

The Senate should reconsider this amendment language.

Suppressors simply muffle the sound of a gun. They do not literally silence firearms. Nevertheless, the federal government heavily regulates silencers under the National Firearms Act. The feds charge a $200 tax on the purchase of the devices. Buying one also requires months-long waits after filing extensive paperwork with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.

The repeal of state suppressor restrictions in Texas would not alter federal law, nor would it end federal enforcement, but it would remove a layer of law hindering access to these harmless devices. The widespread easing of suppressor regulation would subtly undermine federal efforts to unconstitutionally regulate firearms. As Texas activist Tom Glass put it, “It would not stop feds from attempting to enforce, but at least it would get Texas law right.”

As we’ve seen with marijuana and industrial hemp, a federal regulation becomes ineffective when states ignore it and pass laws encouraging the prohibited activity. Or when the state decriminalizes and people start ignoring the federal prohibition without any further state “permission” to do so.

Either way, the federal government lacks the enforcement power necessary to maintain its ban in such a climate, and people will increasingly take on the risk of federal sanctions if they know the state will not interfere. This increases when the state actively encourages “the market.”

Less restrictive state gun laws such as HB2286 can have a similar impact on federal gun laws. It will make it that much more difficult for the feds to enforce federal gun control, should the people defy it, and increase the likelihood that states with few limits will simply refuse to cooperate with future federal enforcement efforts.

State actions like HB2286 lower barriers for those wanting to the option of defending themselves with firearms and encourage a “gun-friendly” environment that would make federal efforts to limit firearms that much more difficult.

WHAT’S NEXT

HB2286 will move to the Senate for further consideration. At the time of this report, it had not been referred to a Senate committee.

The 10th Amendment

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

LEARN MORE

01

Featured Articles

On the Constitution, history, the founders, and analysis of current events.

featured articles

02

Tenther Blog and News

Nullification news, quick takes, history, interviews, podcasts and much more.

tenther blog

03

State of the Nullification Movement

108 pages. History, constitutionality, and application today.

get the report

01

Path to Liberty

Our flagship podcast. Michael Boldin on the constitution, history, and strategy for liberty today

path to liberty

02

Maharrey Minute

The title says it all. Mike Maharrey with a 1 minute take on issues under a 10th Amendment lens. maharrey minute

Tenther Essentials

2-4 minute videos on key Constitutional issues - history, and application today

TENTHER ESSENTIALS

Join TAC, Support Liberty!

Nothing helps us get the job done more than the financial support of our members, from just $2/month!

JOIN TAC

01

The 10th Amendment

History, meaning, and purpose - the "Foundation of the Constitution."

10th Amendment

03

Nullification

Get an overview of the principles, background, and application in history - and today.

nullification