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NFA weapons are legal in Texas as long as you have the Federal paperwork for it in order. I made a post concerning the practicalities of actually carrying one concealed in another thread, but also outlined what Texas says about NFA firearms in general.GC06 wrote:I stumbled onto a bunch of talk about suppressed weapons on another forum, and it got me wondering. I know you can't just go out and buy a suppressor like you can a gun, but what are the rules exactly? Are they legal in Texas? Information would be appreciated by any one who has experience
The specifics are all contained in Chapter 46 of the TPC, in sections of 46.01 and 46.05:NcongruNt wrote:There's always this. :)
Considered by the feds to be an AOW firearm. Texas doesn't have the same classifications as the feds, but would probably consider it a Short-barreled firearm, under 46.01(10). These are ordinarily prohibited in 46.05(a)(3), with a defense to prosecution outlined in 46.05(c) - you have the NFA tax stamp (registration, according to the TPC).
I highlighted the defense to prosecution (not an exception to the law) because this means you can be arrested and charged with Possession and/or Transport of a Prohibited Weapon under 46.05(a)(3), and could have to defend yourself in court showing evidence that you met the provision in 46.05(c). A real pain. It is legal to carry provided you meet the requirements, though. I'm sure that some DA could argue that it is a handgun because it theoretically could be fired with one hand, but 46.01(5) defines a hand gun as "any firearm that is designed, made, or adapted to be fired with one hand.", and this weapon is specifically designed to be used two-handed (with a vertical foregrip), and a good lawyer should be able to have that argument thrown out, especially given the fact that operation of the gun requires cycling the action which necessitates two hands.
Other than NFA firearms, there's no distinction in the penal code as to the concealed or open possession of non-handgun firearms in ordinary circumstances beyond the specific prohibition regarding locations where firearms may not be carried in general such as prisons and the like (provided that you can legally possess it in the first place) - at least that I'm aware of.
Also, I am not a lawyer. Just calling it as I see it in the TPC. Case law could make other distinctions I'm not aware of.
PC 46.01.DEFINITIONS. In this Chapter:
(1) "Club" means an instrument that is specially designed, made,
or adapted for the purpose of inflicting serious bodily injury or death by
striking a person with the instrument, and includes but is not limited to
the following:
(A) blackjack;
(B) nightstick;
(C) mace;
(D) tomahawk.
(2) "Explosive weapon" means any explosive or incendiary bomb,
grenade, rocket, or mine, that is designed, made, or adapted for the
purpose of inflicting serious bodily injury, death, or substantial property
damage, or for the principal purpose of causing such a loud report as
to cause undue public alarm or terror, and includes a device designed,
made, or adapted for delivery or shooting an explosive weapon.
(3) "Firearmn means any device designed, made, or adapted to
expel a projectilethrough a barrel by using the energy generated by an
explosion or burning substance or any device readily convertible to
that use. Firearm does not include a firearm that may have, as an inte-
gral part, a folding knife blade or other characteristics of weapons
made illegal by this chapter and that is:
(A) an antique or curio firearm manufactured before 1899; or
(B) a replica of an antique or curio firearm manufactured before
1899, but only if the replica does not use rim fire or center fire ammuni-
tion.
(4) "Firearm silencer" means any device designed, made, or
adapted to muffle the report of a firearm.
(S)."Handgun" means any firearm that is designed. made, or
adapted to be fired with one hand.
(6) "Illegal knife" means a:
(A) knife with a blade over five and one-half inches;
(B) hand instrument designed to cut or stab another by being
thrown;
(C) dagger, including but not limited to a dirk, stiletto, and pon-
iard;
(D) bowie knife;
(E) sword; or
(F) spear.
(7) "Knife" means any bladed hand instrument that is capable of
inflicting serious bodily injury or death by cutting or stabbing a person
with the instrument.
(8) "Knuckles" means any instrument that consists of finger rings
or guards made of a hard substance and that is designed, made, or
adapted for the purpose of inflicting serious bodily injury or death by
striking a person with a fist enclosed in the knuckles.
(9) "Machine gun" means any firearm that is capable of shooting
more than two shots automatically, without manual reloading, by a sin-
gle function of the trigger.
(10) "Short-barrel firearm" means a rifle with a barrel length of less
than 16 inches or a shotgun with a barrel length of less than 18 inches,
or any weapon made from a shotgun or rifle if, as altered, it has an
overall length of less than 26 inches.
(11) "Switchblade knife" means any knife that has a blade that
folds, closes, or retracts into the handle or sheath, and that:
(A) opens automatically by pressure applied to a button or other
device located on the handle; or
(B) opens or releases a blade from the handle or sheath by the
force of gravity or by the application of centrifugalforce.
(12) "Armor-piercing ammunition" means handgun ammunition
that is designed primarily for the purpose of penetrating metal or body
armor and to be used principally in pistols and revolvers.
(13) "Hoax bomb" means a device that:
(A) reasonably appears to be an explosive or incendiary device;
or
(B) by its design causes alarm or reaction of any type by an offi-
cial of a public safety agency or a volunteer agency organized to deal
with emergencies.
(14) "Chemical dispensing device" means a device, other than a
small chemical dispenser sold commercially for personal protection,
that is designed, made, or adapted for the purpose of dispensing a
substance capable of causing an adverse psychological or physiologi-
cal effect on a human being.
(15) "Racetrack" has the meaning assigned that term by the
Texas Racing Act (Article 1798, Vernon's Texas Civil Statutes).
(16) "Zip gun" means a device or combination of devices that was
not originally a firearm and is adapted to expel a projectile through a
smooth-bore or rifled-bore barrel by using the energy generated by an
explosion or burning substance.
PC 46.05. PROHIBITED WEAPONS. (a) A person commits an
offense if he 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) a switchblade knife;
(6) knuckles;
(7) armor-piercing ammunition;
(8) a chemical dispensing device; or
(9) a zip gun.
(b) It is a defense tb 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
correctionalfacility.
(c) It is a defense to prosecution under this section that the actoh
possession was pursuant to registration pursuant to the National Fire-
arms Act, as amended.
(d) It is an affirmative defense to prosecution under this section that
the actor's conduct:
(1) was incidental to dealing with a switchblade knife, springblade
knife, or short-barrel firearm solely as an antique or curio; or
(2) was incidental to dealing with armor-piercing ammunition
solely for the purpose of making the ammunition available to an orga-
nization, agency, or institution listed in Subsection (b).
(e) An offense under this section is a felony of the third degree
unless it is committed under Subsection (a)@) or (a)(6), in which
event, it is a Class A misdemeanor.
(9 It is a defense to prosecution under this section for the posses-
sion of a chemical dispensing device that the actor is a security officer
and has received training on the use of the chemical dispensing device
by a training program that is:
(1) provided by the Commission on Law Enforcement Officer
Standards and Education; or
(2) approved for the purposes described by this subsection by
the Texas Private Security Board of the Department of Public Safety.
(g) In Subsection (9, "security officer" means a commissioned secu-
rity officer as defined by Section 1702.002, Occupations Code, or a
noncommissioned security officer registered under Section 1702.221,
Occupations Code.
Being in Lewisville, you'll probably have a hard time getting the needed signature unless you're "connected" so the easiest route is to get a revocable living trust set up. I got one done and it only took probably 30-45 minutes. Once all the paperwork is submitted, the lawyer gave me a copy about a week later. Then it was just a matter of finding a NFA dealer that has what you want, fill out the form, provide a copy of your trust paperwork, pay the $200, then wait. When the "stamp" comes back you get your new toy.WillieD wrote:Can you guys point me in the right direction to get started on getting the tax stamp? I want to get the paperwork started for a short barrelled rifle in the next month, and follow that up with the supressor sometime down the road. I have a stripped lower that I can designate for this rifle already, but don't know where to get the forms or how to start the process.
Call Rob at http://www.talonarms.com" onclick="window.open(this.href);return false; (713-529-2910) and he can take care of you. If you can legally buy a gun, then you can buy a suppressor. We have contacts for lawyers who specialize in Revocable Living Trusts or you can just purchase Quicken WillMaker and do it yourself. The trust IMHO is easier and there are less hoops to jump through like setting up an LLC, getting a CLEO signoff, pics and fingerprints). This is especially true if you live in a county (like Harris) where they will NOT sign your paperwork.WillieD wrote:Can you guys point me in the right direction to get started on getting the tax stamp? I want to get the paperwork started for a short barrelled rifle in the next month, and follow that up with the supressor sometime down the road. I have a stripped lower that I can designate for this rifle already, but don't know where to get the forms or how to start the process.
