Class 3 weapons vs. 46.05?

[atxgun]

The other week I had heard about how it's legal to own things like "full auto machine guns", grenade launchers, shot guns w/ pistol grips and other weapons deemed 'class 3'. http://www.spreadfirearms.com/ seems to confirm that. However looking over section 46.05 of the penal code it seems to say stuff like that is prohibited. Is that just talking about with respect to a CHL in that you can't expect to be lawfully carrying such items concealed? If so where is it in the penal code that says it's legal to have such weapons legally in any manner?

[atxgun]

might have answered my own question, part (c) looks to put you in the clear if "the actor's possession was pursuant to registration pursuant to the National Firams Act..."

[Lykoi]

might have answered my own question, part (c) looks to put you in the clear if "the actor's possession was pursuant to registration pursuant to the National Firams Act..."

+1 Approval from BATF etc... makes the Statute non-applicable

[dukalmighty]

I actually shoot with a guy that legally owns at least 5 different makes of selective fire weapons,I just repaired his m-16 ,a selective fire weapon that can be transerred to a regular citizen is expensive ie. supply and demand,an m16 can cost anywhere from 12 to 15 thousand dollars,and eat lots of ammo.My friend will shoot about 400 rounds at each session,now a mac 10 or 11 submachine pistol will run around $6000 and they shoot about 1200 rounds per minute cyclic rate of fire.I have the knowledge to convert an ar15 rifle to select fire, but the atf will prosecute you to the full extent of the law.The fine and prison time is not worth it.Besides i like being able to place my shots where i want not spray a target.I repeat never convert a weapon to select or automatic fire and if a weapons sear gets worn where it goes full auto on it's own you need to get it repaired asap ,cause using a worn parts excuse in court will not only cost you a huge lawyer fee but will probably end in a conviction.The ATF don't play around

[atxgun]

I seriously doubt I'll be trying to pursue any such options anytime soon b/c of the cost. I was mostly just curious. I certainly am not going to try and illegally convert anything. However, it would be fun to fire some of these restricted weapons

[numist]

, shot guns w/ pistol grips and other weapons deemed 'class 3'. ?

I didn't think there were any restrictions on pistol grips on a shotgun, so long as they are manufactured for that gun such as riot guns. If they have barrels that are cut back from original manufacturers length then that's a different story.

[dukalmighty]

Even though you can legally own a select fire weapon federally ,some states make it illegal for a private ciizen to own one ,Texas is a state that allows it.Shooting a weapon on full auto can be a fun experience ,and some ranges around the country have select fire weapons for rent but they can be kinda high,The guy i know was having problems with his and i told him i could repair it,after i left the service I never felt the need to shoot a select fire weapon again but kinda missed the experience.Heck anything that goes bang when i pull the trigger is fun.

[KD5NRH]

I didn't think there were any restrictions on pistol grips on a shotgun, so long as they are manufactured for that gun such as riot guns. If they have barrels that are cut back from original manufacturers length then that's a different story.

As I understand it, the only pistol-grip issue (other than overall length) lies with whether shortening the barrel later makes it a short-barrel-shotgun (SBS, transfer fee $200) or an any-other-weapon. (AOW, transfer fee $5, but still $200 to make or modify) If it was originally assembled with only a pistol grip, then it becomes an AOW when the barrel is cut under 18", but if it ever had a shoulder stock, then it becomes a SBS, even if the stock is replaced during the modification. Personally, after shooting my 835 with various loads without using the stock, the only shotgun I'd want without a full shoulder stock is the Serbu Super Shorty, and that mostly for showoff value :)

If I'm remembering it wrong, I'm sure someone will correct me with cites.

[txinvestigator]

might have answered my own question, part (c) looks to put you in the clear if "the actor's possession was pursuant to registration pursuant to the National Firams Act..."

+1 Approval from BATF etc... makes the Statute non-applicable

Actually it is not a non-applicabiity, it is a defense to prosecution which is different under the law.

Texas Penal Code
§ 46.05. Prohibited Weapons.

(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.




2.03. Defense.


(a) A defense to prosecution for an offense in this code is so labeled by the phrase: "It is a defense to prosecution ... ."
(b) The prosecuting attorney is not required to negate the existence of a defense in the accusation charging commission of the offense.
(c) The issue of the existence of a defense is not submitted to the jury unless evidence is admitted supporting the defense.
(d) If the issue of the existence of a defense is submitted to the jury, the court shall charge that a reasonable doubt on the issue requires that the defendant be acquitted.
(e) A ground of defense in a penal law that is not plainly labeled in accordance with this chapter has the procedural and evidentiary consequences of a defense.

One could still be arrested for possession of NFA items, and then be required to pove to the court that possession was actually pursuant to the NFA.

[Bodacious]

Suppressors and short barreled rifles (barrel less than 16 inches) are Class 3 items are able to be legally owned as well.

[atxgun]

, shot guns w/ pistol grips and other weapons deemed 'class 3'. ?

I didn't think there were any restrictions on pistol grips on a shotgun, so long as they are manufactured for that gun such as riot guns. If they have barrels that are cut back from original manufacturers length then that's a different story.

I very well could have been misinformed. Heard that through casual, non-authoritative, conversation.

[txinvestigator]

Suppressors and short barreled rifles (barrel less than 16 inches or have an overall length of less than 26 inches) are Class 3 items are able to be legally owned as well.

[txinvestigator]

, shot guns w/ pistol grips and other weapons deemed 'class 3'. ?

I didn't think there were any restrictions on pistol grips on a shotgun, so long as they are manufactured for that gun such as riot guns. If they have barrels that are cut back from original manufacturers length then that's a different story.

I very well could have been misinformed. Heard that through casual, non-authoritative, conversation.

Yeah, it is not the type of grip, but the overall length/barrel length.

Texas Penal Code
§ 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.



§ 46.01. Definitions.


In this chapter:
(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.

[Mike1951]

I own a couple of Kel-tecs, PLR-16 pistol and SU-16C rifle.

The PLR-16, while perfectly legal as a pistol, becomes an AOW if you attach a foregrip at right angles to the barrel.

The SU-16C, with a folding stock as approved by the BATFE, will fire from the folded postion at 25 1/2".