Texas, Silencers, ATF and the
Supreme Court Bruen case

By Dean Weingarten. Aug 13, 2022

On July 15, 2022, Texas Attorney General Ken Paxton amended the complaint filed in federal court against the Attorney General, Garland, in the Texas lawsuit against the ATF, challenging the constitutionality of the NFA and GCA 1968 to regulate privately made silencers/suppressors/gun mufflers made and kept in Texas.

The amendment incorporates the Second Amendment decision by the Court in Bruen, which establishes a refined and clarified procedure for courts to use in Second Amendment cases.

The Texas case came into existence as part of the requirements of HB 957, which became law in Texas in 2021. From Ammoland:

In a previous article, the repeal of the Texas law and the anti-commandeering section were discussed. The likely federal test case was not.

HB 957 came from the brain of Representative Oliverson of Texas District 130, north of Houston. Dr. Oliverson is not a lawyer. This correspondent was able to talk to Representative Oliverson about how he formed the idea for the law.

Dr. Oliverson came up with the idea to reform suppressor law in Texas because he had purchased two suppressors. He personally experienced the bureaucratic insanity it takes to legally obtain a silencer/suppressor/gun muffler in the United States.

Following the law, AG Paxton filed a lawsuit on February, 24, 2022. From AmmoLand:

The brief filed by AG Paxton is clear, the arguments are strong. The NFA restrictions on Silencers are attacked on the grounds of taxation of a Constitutional right (Second Amendment), inappropriate use of the commerce clause, and as a law that has no public safety justification.

The amendment filed on July 15, explains how the recent Bruen decision is applicable to and relevant in the lawsuit about federal regulation of silencers/suppressors/gun mufflers. .....


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