Texas Silencer Law Provides for Commerce Clause Test Case

This is the section of the law that compels the Texas AG to get a pre-emptive ruling enabling ‘Texas Only’ Suppressors.

Sec. 2.054. ATTORNEY GENERAL. On written notification to the attorney general by a United States citizen who resides in this state of the citizen’s intent to manufacture a firearm suppressor to which Section 2.052 applies, the attorney general shall seek a declaratory judgment from a federal district court in this state that Section 2.052 is consistent with the United States Constitution.

The commerce clause in the Constitution grants to Congress the power to:

“regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”

Clearly, there is commerce that is not to be regulated by Congress. Powers to regulate commerce with foreign Nations, among the several States, and with the Indian Tribes would not be listed separately if Congress were given the power to regulate all commerce. Instead, the text would simply read “regulate commerce.”