Tennessee HB11 2017 "Tennessee Hearing Protection Act"

[shaftbass]

As seen on local news outlets this morning, the state senate voted 28-1 to advance this to the state House.  Basically, the law removes some language that essentially bans suppressors from Tennessee code (even though it's perfectly-legal to go through the ATF, pay your tax, get your suppressor, and possess it here).

https://openstates.org/tn/bills/110/HB11/

If it gets all the way to the point where it is a law, am I wrong in thinking this bill is anything but symbolic based on the fact that a suppressor is still an NFA item, regardless of what a state says? 

Don't get me wrong: I'm glad this is happening.  It's a great gesture, but will anything be changed regarding how suppressors are bought and sold in the state of Tennessee?  I doubt it.

Thoughts?

Edited April 4, 2017 by shaftbass

[gjohnsoniv]

Considering they nixed constitutional carry I can't see them giving a damn about suppressors outside of "look at us,  we're doing something for your supposed rights. "

[DaveTN]

First off, I didn’t look up the sections it changed or deleted. But the sale or transfer of a suppressor is controlled by the Feds. Tennessee already exempted them in the Tennessee Firearms Freedom Act (Provided they are manufactured, sold and possessed in the state.). The BATF sent letters to all FFL’s (I got one and I just have a C&R) that basically said that was a violation of Federal law and they would pursue prosecution.

The case hasn’t been to court (That I know of) since Montana got shot down at the Federals appeals level.

So best I can tell; the Feds are running the show regardless of what the state does.

[Oh Shoot]

4 hours ago, shaftbass said:

...

...It's a great gesture, but will anything be changed regarding how suppressors are bought and sold in the state of Tennessee? ..

In a word, no.

Just means you or I could do either without facing state prosecution, which the feds will sneer at, same as Dave mentioned regarding the TFFA.

- OS

Edited April 4, 2017 by Oh Shoot

[Cruel Hand Luke]

3 hours ago, DaveTN said:

 

So best I can tell; the Feds are running the show regardless of what the state does.

And that was pretty well determined at bayonet point in 1865......

[Worriedman]

This is simply to remove the requirement of having the tax stamp IF the Feds implement a reversal of suppressors from the NFA, as it stands,the stamp is required as a defense against prosecution.  If he Feds chhange the rating, sans this action you still could not legally posses a silencer without the fed stamp.

Not intended to subvert fed late, but to compliment something that may be coming.

 

Edited April 6, 2017 by Worriedman

[JayC]

As Worriedman said this is a 'just in case' bill if the Hearing Protection Act were to pass.

[shaftbass]

And, there we have it.  Thanks guys. 

[Capbyrd]

The best part of this, and it was unintentional, is that we will rid ourselves of the DTP (defense to prosecution) language on silencers.  Now if we could just get this same type bill passed for the rest of NFA items.  

 

 

On April 4, 2017 at 0:25 PM, DaveTN said:

First off, I didn’t look up the sections it changed or deleted. But the sale or transfer of a suppressor is controlled by the Feds. Tennessee already exempted them in the Tennessee Firearms Freedom Act (Provided they are manufactured, sold and possessed in the state.). The BATF sent letters to all FFL’s (I got one and I just have a C&R) that basically said that was a violation of Federal law and they would pursue prosecution.

The case hasn’t been to court (That I know of) since Montana got shot down at the Federals appeals level.

So best I can tell; the Feds are running the show regardless of what the state does.

 

 

I did look it up and it removes Silencers from the weapons section entirely.  If this passes completely, TCA will not mention silencers at all. 

[Capbyrd]

Also, I highly recommend reading the fiscal note attached to this bill.  It's fantastic!  

http://www.capitol.tn.gov/Bills/110/Fiscal/HB0011.pdf

[i1afli]

23 hours ago, Capbyrd said:

Also, I highly recommend reading the fiscal note attached to this bill.  It's fantastic!  

http://www.capitol.tn.gov/Bills/110/Fiscal/HB0011.pdf

Yep.  Quite an exercise to explain $200. 

[Capbyrd]

Passed Finance, Ways and Means yesterday.   Next stop, House!