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Return to “Gun Silencers are Illegal in Texas. - Letter to TX Reps.”
- Mon Sep 15, 2014 3:51 pm
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: Gun Silencers are Illegal in Texas. - Letter to TX Reps.
- Replies: 58
- Views: 11669
Re: Gun Silencers are Illegal in Texas. - Letter to TX Reps.
It can easily be done by changing a from 'defense to prosecution' to 'exception to the application of'. This changes the burden of proof and what can be used as evidence in prosecuting someone for a violation of said code. See http://www.statutes.legis.state.tx.us/d ... m/PE.2.htm" onclick="window.open(this.href);return false; for explanations of defense, affirmative defense and exception.
- Mon Sep 15, 2014 1:36 pm
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: Gun Silencers are Illegal in Texas. - Letter to TX Reps.
- Replies: 58
- Views: 11669
Re: Gun Silencers are Illegal in Texas. - Letter to TX Reps.
As stated, the only thing you have is a defense to prosecution. If they want to push the limit they can charge you and you must use this as your defense. Defense to prosecution is not a 'get out of jail free' card. That is an 'exception' clause in the statute.Voonman wrote:Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
(1) an explosive weapon;
(2) a machine gun;
(3) a short-barrel firearm;
(4) a firearm silencer;
(5) knuckles;
(6) armor-piercing ammunition;
(7) a chemical dispensing device;
(8) a zip gun; or
(9) a tire deflation device.
(b) It is a defense to prosecution under this section that the actor's conduct was incidental to the performance of official duty by the armed forces or national guard, a governmental law enforcement agency, or a correctional facility.
(c) It is a defense to prosecution under this section that the actor's possession was pursuant to registration pursuant to the National Firearms Act, as amended.
