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Hearing Protection Act - Texas - 01-17-2017
Josh Wrote:Actually, no, silencers aren't even defined under Title 26, which is the NFA. Title 26 literally tells you to see Title 18 for the definition of a silencer. So, yes, they'd be treated just like any other Title I firearm. Yes you could build one at home without a 4473, just like you can with any other Title I firearm. But if you want to buy one from an FFL, a 4473 would be required. You'd also be able to buy them FTF with no 4473 as long as your state doesn't say otherwise. But they'd still be considered firearms.
Here is the text of the NFA 1934, please note paragraph (a):
NATIONAL FIREARMS ACT OF 1934
48 STAT. 1236
1236 73d CONGRESS. SESS. II. CHS. 756, 757. JUNE 26, 1934.
available to pay claims on account of any check, the amount of which
has been included in any balance so covered into the surplus fund.
surveys!"* 8 ** Iand Sec - 22 - So much . of Act of Au g"st 18, 1894 (U.S.C., title 43,
U.S.C., title 43, sec. sec. 863), as authorizes the Governors of the States therein named to
863 ' advance money from time to time for the survey of certain townships
located within such States, which money shall be reimbursable, is
hereby repealed.
re^sK sinlJ ' S ' 001,11 Sec - 23 - Moneys in, or payable into, the registry of any United
States court, in the discretion of the court, may be deposited in official
checking accounts with the Treasurer of the United States, subject
to disbursement on order approved by the court.
aJountetobemSeby Sec - 24 The Comptroller General of the United States shall cause
comptroller General, a survey to be made of all inactive and permanent appropriations
and/or funds on the books of the Government and also funds in the
official custody of officers and employees of the United States, in
which the Government is financially concerned, for which no account-
Report to congress. i ng j s re ndered to the General Accounting Office ; and he shall submit
to the Congress annually, in a special report, his recommendations
for such changes in existing law relating thereto as, in his judgment,
may be in the public interest.
nof Effected provisions Sec. 25. The provisions of this Act shall not be construed to alter
or amend any existing authorization for an appropriation,
saving clause. Sec. 26. AU Acts and/or parts of Acts inconsistent or in conflict
with the provisions of this Act are hereby repealed to the extent
of such inconsistency or conflict,
short title. Sec. 27. The short title of this Act shall be the "Permanent
Appropriation Eepeal Act, 1934."
Approved, June 26, 1934.
[CHAPTER 757.]
AN ACT
June 26, 1934.
[H.B.9741.] To provide for the taxation of manufacturers, importers, and dealers in certain
[Public, No. 474.] firearms and machine guns, to tax the sale or other disposal of such weapons,
and to restrict importation and regulate interstate transportation thereof.
Be it enacted by the Senate and House of Representatives of the
^National Firearms United States of America in Congress assembled, That for the pur-
limitation of terms poses of this Act
( a ) The ter . m " fir earm " means a shotgun or rifle having a barrel
of less than eighteen inches in length, or any other weapon, except
a pistol or revolver, from which a shot is discharged by an explo-
sive if such weapon is capable of being concealed on the person, or
a machine gun, and includes a muffler or silencer for any firearm
whether or not such firearm is included within the foregoing
definition.
"Machine gun." (b) The term "machine gun " means any weapon which shoots,
or is designed to shoot, automatically or semiautomatically, more
than one shot, without manual reloading, by a single function of
the trigger.
"Person.'- _ (e) The term " person " includes a partnership, company, asso-
ciation, or corporation, as well as a natural person.
state°s n " neiltal United ( d ) The term " continental United States " means the States of
the United States and the District of Columbia.
"importer." ( e ) The term "importer" means any person who imports or
brings firearms into the continental United States for sale.
"Manufacturer." (f) The term " manufacturer " means any person who is engaged
within the continental United States in the manufacture of fire-
arms, or who otherwise produces therein any firearm for sale or
disposition.
73d CONGRESS. SESS. II. CH. 757. JUNE 26, 1934.
Hearing Protection Act - Josh - 01-18-2017
Read what it says today, not what it said in 1934.
https://www.law.cornell.edu/uscode/text/26/5845
And here's Title 18 chapter 44, the Gun Control Act of 1968
https://www.law.cornell.edu/uscode/text/18/921
You'll notice in the original text any rifle with a barrel less than 18" was an SBR and silencers aren't defined at all.
The current text of the NFA still doesn't define silencers but tells you to refer to the Gun Control Act where they are defined. As written the HPA removes silencers from the NFA but not the GCA.
Hearing Protection Act - kiloechoxray - 01-18-2017
Josh Wrote:Silencers would still be firearms, just Title I instead of Title II. They'd still require 4473s and be subject to FET.
Under this status, wouldn't it then be legal for me to make myself suppressors for my own lawful purposes as long as I'm not selling them?
Hearing Protection Act - Josh - 01-18-2017
kiloechoxray Wrote:Under this status, wouldn't it then be legal for me to make myself suppressors for my own lawful purposes as long as I'm not selling them?Yes. You could sell one you decided you didn't want later down the road. You just can't build with the intent to sell.