Effect of Federal "Hearing Protection Act", removing silencers from NFA

[FancyGunz]

There has been a lot of chatter about the national "Hearing Protection Act" since Trump was elected. This removes silencers / sound suppressors from the NFA.

What effects, if any, do you think this will have in MA? We still have our AWB, but hopefully it would be an extra push for our legislature to lift the silencer ban.

Discuss!

 

[Individualist]

Trump to Baker: I can back you or put someone else in your seat. Your call.

 

[HiCap]

I hope it allows it here. Silencers/suppressors not being allowed here in MA is the stupidest thing about this place.

 

[Boris]

shit I don't know if a federal law to make mandatory suppressor legality becomes possible, I'd consider tattooing trump on my back. That would perma-win him people for life.

 

[DitchDigger]

Common sense is very rare in Massachusetts.

 

[Kevin_NH]

Oh wait, you're serious? Let me laugh harder!

There's an interesting clause in the HPA:

Section 927 of title 18, United States Code, is amended by adding at the end the following: “Notwithstanding the preceding sentence, a law of a State or a political subdivision of a State that, as a condition of lawfully making, transferring, using, possessing, or transporting a firearm silencer in or affecting interstate or foreign commerce, imposes a tax on any such conduct, or a marking, recordkeeping or registration requirement with respect to the firearm silencer, shall have no force or effect.”.

Note that the above doesn't apply to MGL 10A c.269, as there are no conditions or taxes, just outright prohibition and jail time.

There has been a lot of chatter about the national "Hearing Protection Act" since Trump was elected. This removes silencers / sound suppressors from the NFA.

What effects, if any, do you think this will have in MA? We still have our AWB, but hopefully it would be an extra push for our legislature to lift the silencer ban.

Discuss!

What effects? Absolutely none.

Remember what happened with MA law when the Federal AWB ended? MA antis doubled down.

 

[Mr. Brownstone]

I hope it allows it here. Silencers/suppressors not being allowed here in MA is the stupidest thing about this place.

Oh, come on. It's not hard to find more stupider than that around here!

 

[scheming]

You mean I still can't hunt those moon-bats hanging from the rafters without my neighbors finding out?! Dang it

 

[MisterHappy]

shit I don't know if a federal law to make mandatory suppressor legality becomes possible, I'd consider tattooing trump on my back. That would perma-win him people for life.

Pix or it didn't happen.


On second thought.....no.

 

[Len-2A Training]

No matter what the Feds do, MA will do its own thing and we will NOT be happy with what they do (or don't do) . . . you can take that to the bank!

 

[LuvDog]

I can just see the ads now if this is on the ballot... talk about the moonbattery.

 

[Snora]

No matter what the Feds do, MA will do its own thing and we will NOT be happy with what they do (or don't do) . . . you can take that to the bank!

This was my thought. I want to remain hopeful but let's be real, MA will add laws to restrict anything given back to us by the Federal Gov.

 

[allen-1]

You mean I still can't hunt those moon-bats hanging from the rafters without my neighbors finding out?! Dang it

Crossbow.

 

[LoginName]

This was my thought. I want to remain hopeful but let's be real, MA will add laws to restrict anything given back to us by the Federal Gov.

Yep, don't be surprised if there's political backlash from any number of blue state legislatures with the attitude 'if Trump is for it, I'm ag'in it', no
matter what the legislation is.

 

[glide]

Even if it did pass you could only really use them on pistols. Which I guess is better than nothing...

 

[Kevin_NH]

Even if it did pass you could only really use them on pistols. Which I guess is better than nothing...

Well, there's always integrally suppressed barrels (e.g. Yankee Hill Machine), though MA could decide all suppressors are really giant flash hiders. That said, pump or bolt-action rifles are exempt from AWB, correct?

It's a moot point, a the HPA would not invalidate the Massachusetts state law on suppressors, as the MA ban is not a [post=5289223]tax .. marking, recordkeeping or registration requirement.[/post]

 

[Knuckle Dragger]

Removing silencers from NFA would have an interesting effect in that it would take the ATF's technical branch out of the picture.

Think about the assault weapons ban and the question of flash hiders vs. muzzle brakes. The ATF had the last word on what was what. Since the sunset of the federal AWB, Massachusetts did not backfill that role.

I'd expect the same void to develop if the federal government got out of the business of deciding what was and what was not a 'silencer'. MGL Ch 259 Sec 10A bans possession of 'silencers', but I don't think that Massachusetts has a statutory definition of same.

 

[Len-2A Training]

Removing silencers from NFA would have an interesting effect in that it would take the ATF's technical branch out of the picture.

Think about the assault weapons ban and the question of flash hiders vs. muzzle brakes. The ATF had the last word on what was what. Since the sunset of the federal AWB, Massachusetts did not backfill that role.

I'd expect the same void to develop if the federal government got out of the business of deciding what was and what was not a 'silencer'. MGL Ch 259 Sec 10A bans possession of 'silencers', but I don't think that Massachusetts has a statutory definition of same.

Just like they don't have a statutory definition of a lot of terms in MA gun law. It leads to things like the AG's "pronouncements" at press conferences and jerk ADAs prosecuting non-crimes as criminal offenses.

 

[drgrant]

There has been a lot of chatter about the national "Hearing Protection Act" since Trump was elected. This removes silencers / sound suppressors from the NFA.

What effects, if any, do you think this will have in MA? We still have our AWB, but hopefully it would be an extra push for our legislature to lift the silencer ban.

Discuss!

Never happen in MA. Ever.

-Mike

 

[drgrant]

No matter what the Feds do, MA will do its own thing and we will NOT be happy with what they do (or don't do) . . . you can take that to the bank!

Not trying to be a pessimist on this but I also think that for this bill to pass federally the legislators will be a bunch of *******s and it won't be a complete deregulation- a bill with complete dereg comes
through, it fails. A second one emerges which reclassifies suppressors as Title 1 items to be purchased under "Other" on a 4473. Tax gone, stamp gone, but BG check required for purchase and dealers will
cockblock out of state sales. I would like to be proven wrong, though.

I can hear the bullshit now- "BBBUT you had to go thru a background check to get the gun, why is this a pwaaahbwlum?" etc. They will kowtow to anti gun bullshit whining....

-Mike

 

[Kevin_NH]

Not trying to be a pessimist on this but I also think that for this bill to pass federally the legislators will be a bunch of *******s and it won't be a complete deregulation- a bill with complete dereg comes
through, it fails. A second one emerges which reclassifies suppressors as Title 1 items to be purchased under "Other" on a 4473. Tax gone, stamp gone, but BG check required for purchase and dealers will cockblock out of state sales.

The current text of "H.R.3799 - Hearing Protection Act of 2015" says the goal is for "silencers be treated the same as long guns", but I could see an argument being made to classify them as "other".

Either way (like a rifle, or like a PGO shotgun), MA residents are denied, as sale would not comply with the laws of their home state.

 

[Yankee1956]

If MA or any other anti-state doesn't comply just cut there federal funding,like they will with the sanctuary cities that don't follow fed law

 

[RedWing]

sure, they will become legal, except try using one on a pistol without a threaded barrel, cause they will still be illegal in MA....

 

[milktree]

sure, they will become legal, except try using one on a pistol without a threaded barrel, cause they will still be illegal in MA....

There's no problem. Threaded barrels on handguns aren't illegal in Massachusetts.




The only exception to that is if the handgun is an "assault weapon", which means:

a semiautomatic pistol that has an ability to accept a detachable magazine and has at least 2 of--

(i) an ammunition magazine that attaches to the pistol outside of the pistol grip;
(ii) a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip,
or silencer;
(iii) a shroud that is attached to, or partially or completely encircles, the barrel and that permits
the shooter to hold the firearm with the nontrigger hand without being burned;
(iv) a manufactured weight of 50 ounces or more when the pistol is unloaded; and
(v) a semiautomatic version of an automatic firearm

 

[Mass-diver]

I hope it happens for the good of the rest of the country. Here in MA, they'd find some weird way to screw us like: you can own a suppressor, but you can't ever attach it to a gun.

 

[drgrant]

sure, they will become legal, except try using one on a pistol without a threaded barrel, cause they will still be illegal in MA....

Threaded barrels are legal on common handguns in MA. None of this matters anyways because suppressors will never be legal here outside of the 07 exemption.

 

[FancyGunz]

Threaded barrels are legal on common handguns in MA. None of this matters anyways because suppressors will never be legal here outside of the 07 exemption.

Well we do have the MA-specific legislation ("Act Relative to Suppressors", or something like that?) in the system now.

 

[Da_lucche]

From what I have been told, there is an exempt clause written within the Hearing Protection Act that mentions any states that have their own laws against suppressors would be superseded by the Hearing Protection Act.

 

[one-eyed Jack]

I hope it happens for the good of the rest of the country. Here in MA, they'd find some weird way to screw us like: you can own a suppressor, but you can't ever attach it to a gun.

Maine was like that for a long time, but that got fixed. Jack.

 

[Kevin_NH]

The "exempt clause" does not apply to MGL PartIV TitleI Chap269/10A

From what I have been told, there is an exempt clause written within the Hearing Protection Act that mentions any states that have their own laws against suppressors would be superseded by the Hearing Protection Act.

There is, but it doesn't apply to Massachusetts' outright prohibition on possession.

Here's the text from HR3799:

Section 927 of title 18, United States Code, is amended by adding at the end the following: “Notwithstanding the preceding sentence, a law of a State or a political subdivision of a State that, as a condition of lawfully making, transferring, using, possessing, or transporting a firearm silencer in or affecting interstate or foreign commerce, imposes a tax on any such conduct, or a marking, recordkeeping or registration requirement with respect to the firearm silencer, shall have no force or effect.

Massachusetts 10A c.269, does not impose a tax, marking, recordkeeping or registration requirement, just outright prohibition and a prison sentence.

I'm not sure what state/local laws this clause does apply to?