Hearing Protection Act

[CS1983]

Just a heads up, you may not be basking in the glory of OTC suppressors as quickly as you think. Even if the HPA passes, you've still got the issue of CO law to deal with. In which Federal Registration (tax stamp) is affirmative defense, ie. Suppressors aren't just perfectly legal in CO, and many other states. Without the Federal Registration on them, the laws in CO needs to change before you can take advantage of the HPA's provisions.

If I'm reading this correctly, the HPA has a preemptive clause to deal with such things:

SEC. 4. Preemption of certain State laws in relation to firearm silencers.

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.”.

There is no provision with state law to do such a thing, and the NFA supersedes (and I would assume that section of CO "law" is in deference to NFA), so therefore the "lawfully making, transferring, using, possessing, or transporting a firearm silencer in or affecting interstate or foreign commerce" should supersede CO "law". Otherwise, one could be arrested for breaking state law while following Federal law.

[XC700116]

If I'm reading this correctly, the HPA has a preemptive clause to deal with such things:



There is no provision with state law to do such a thing, and the NFA supersedes (and I would assume that section of CO "law" is in deference to NFA), so therefore the "lawfully making, transferring, using, possessing, or transporting a firearm silencer in or affecting interstate or foreign commerce" should supersede CO "law". Otherwise, one could be arrested for breaking state law while following Federal law.

That's simply stating that they can't force a creation of a state registry for them, nor tax them specifically "as a condition of lawfully making, transferring, using, possessing, or transporting a firearm silencer in or affecting interstate or foreign commerce", like the current NFA.

It does nothing to override the outright ban on them in a state. It can't The federal government doesn't have the power to do that.

I'd like to hear what NFA Trust Guy has to say on the subject specifically, but Reading the HPA text, I don't see anything that says it preempts state law.

I would assume the Guns.com Article is saying that a 4473 type BGC resulting in an approval would constitute the "licensing" but I'm not sure on that. I wouldn't want to pursue it too far either.

Point being, best thing to happen and would need to happen would be to remove them from the "dangerous weapons" list in CO law. Which is a tough battle to win right now.



EDIT: I should be clear that I REALLY hope I'm wrong on this.