TexasCHLforum.com

Even if you have the defense to prosecution..you cannot avoid the arrest by a peace officer..If i am traveling from houston to San Antonio on a saturday with my family and i get pulled over somewhere in between the two cities and the cop does not like my NFA Tax stamps..he has the ability to lock me up for the whole weekend until i see a judge on monday..then i have to go hire an attorney for maybe lets say anywhere between 5K-10K...So you can call it whatever you want..The fact remains is ..those who possess NFA Items can get locked up if they run into Peace officer who is having a bad day..I hope something can be done about penal code 46.05 ..

who or when will this ever be changed??? this is a huge burden on citizens that own NFA items

please keep us informed if any new arrests happen..but for everyone owning these nfa items..We all can technically be arrested lol...

Hey man..you can change it alternate it or whatever you possibly can so innocent law abiding citizens dont get arrested for there federal legally owned NFA items

Yep you are correct..

.just got off the phone with the NFA attorney http://archive.constantcontact.com/.../ ... 46411.html" onclick="window.open(this.href);return false; ..And everything is true and correct..You can get arrested from Any Texas PD who feels you are violating Texas penal code 46.05 and yes you will go through all the legal fees and possibly a few days to a week in prison depending in which county you are in at the time...After speaking with him and showing him Michael Mihalski case he was surpised that the arresting officer actually enforced the arrest after showing all NFA paper work..I also called the ATF and there response is on a federal level you are clear to go..but on a state level they have nothing to do with governing state laws and the NFA Tax Stamp does not protect you if the state has banned it as an illegal weapon you are out of luck...S000 Does this stink or what???

Yes ..it states that he was drunk but ..technically no because those charges were dropped after all the other crap was dropped...After speaking to him he claims that he was not drunk at the time...but this is a prime example just to show if you run into a cop that is very unreasonable ..This could happen to you or me..So yes technically NFA Items in The state of texas are illegal and you can be Arrested..

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.

It has been awhile since this thread has been active..but just to update yall who have commented on this thread saying that no one in the state of texas has been arrested for penal code 46.05..you guessed it wrong.. here is a story of an ffl dealer and tax stamp holder for suppressors and sbrs getting arrested http://www.kens5.com/story/news/local/2 ... /10572466/" onclick="window.open(this.href);return false; ..i spoke to the gentleman who was arrested and the case was dismissed after 8 months and 14k dollars later..So technically..YES you can get arrested for owning an SBR or Silencer ..because according to penal code 46.05 it is an illegal weapon in texas..but you can use your NFA tax stamp as a defense to prosecution to get the charges possibly dropped later on...