Gun Silencers are Illegal in Texas. - Letter to TX Reps.

[matefrio]

Sent to my TX representatives:

Subject: Gun Silencers are Illegal in Texas.

The TPWD Commission has adopted rules permitting the use of firearm silencers for the take of alligators, game animals or game birds yet, Texas law makes silencers illegal to possess.

§ 46.05. PROHIBITED WEAPONS

(a) A person commits an offense if heintentionally 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.

(c) It is a defense to prosecutionunder this section that the actor's possession was pursuant toregistration pursuant to the National Firearms Act, as amended.

The whole of § 46.05. PROHIBITED WEAPONS should be stricken from Texas law as it duplicates Federal law in some places and contradicts some Texas state regulations in others.

At least the law should be changed to: "shall be an exception to the application" under this section that the actor's possession was pursuant to registration pursuant to the National Firearms Act, as amended.

This change to § 46.05 will make silencers legal to possess in Texas with the proper Federal paperwork and will resolve the current conflict with the popular ruling of the TPWD Commission to allow suppressors for game animals.

Thank You,

[EconDoc]

Charles,

Thank you for posting what is the big "gotcha" in current Texas law regarding silencers (suppressors). I wonder just how many people are going to be ruined by having to pay for the affirmative defense needed to avoid a felony conviction.

[Carry-a-Kimber]

You may be wasting your time posting this info here, as many on this forum will disagree that silencers are illegal in Texas even though it is right there in the Texas Penal Code. I have contacted my representative over this issue and received a form letter in response. This is a RKBA fight that is worth fighting.

[MadMonkey]

Am I missing something? Tax stamp and a CLEO-signed form are all that is needed to own a suppressor, AOW, SBR, machine gun, etc, correct? Or are you asking to have all the restrictions lifted?

[Carry-a-Kimber]

By having the Texas law removed from the PC, there is no chance you will be charged with having an illegal weapon if you have an NFA item with proper paperwork. This means no lawyer fees for defending you and no need to use the tax stamp as a defense to prosecution. As the law is written right now, anyone with an NFA item can be arrested for possession of an illegal firearm in Texas and will have to prove they possess it legally in the eyes of the Federal law before the state charges are dropped or dismissed.

[The Annoyed Man]

By having the Texas law removed from the PC, there is no chance you will be charged with having an illegal weapon if you have an NFA item with proper paperwork. This means no lawyer fees for defending you and no need to use the tax stamp as a defense to prosecution. As the law is written right now, anyone with an NFA item can be arrested for possession of an illegal firearm in Texas and will have to prove they possess it legally in the eyes of the Federal law before the state charges are dropped or dismissed.

(c) It is a defense to prosecutionunder this section that the actor's possession was pursuant toregistration pursuant to the National Firearms Act, as amended.

If said Texan has the paperwork in their possession along with the NFA item in question, as required by the NFA, then won't they be in automatic compliance with Texas law? And what about Article VI, Section 2, of the U.S. Constitution which states: "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." (....or am I misunderstanding the meaning of the Supremacy Clause?)

[Carry-a-Kimber]

What's the saying TAM? You can beat the rap but not the ride. How many CHLs have been arrested for unlawful possession?

[The Annoyed Man]

What's the saying TAM? You can beat the rap but not the ride. How many CHLs have been arrested for unlawful possession?

And how many Texans go about every day with suppressed weapons and never get hassled? I myself have fired a friend's suppressed AR15 at Elm Fork range, with off-duty LEOs right next to me (including the rifle's owner who is with Dallas PD), with nary an issue. I think that if you keep your nose clean, you're not likely to get hassled.......unless LEOs read these pages and realize that they should have been arresting us all along.....

[Carry-a-Kimber]

What's the saying TAM? You can beat the rap but not the ride. How many CHLs have been arrested for unlawful possession?

And how many Texans go about every day with suppressed weapons and never get hassled? I myself have fired a friend's suppressed AR15 at Elm Fork range, with off-duty LEOs right next to me (including the rifle's owner who is with Dallas PD), with nary an issue. I think that if you keep your nose clean, you're not likely to get hassled.......unless LEOs read these pages and realize that they should have been arresting us all along.....

The point is the law is in the PC and has been and can be enforced. There is no need for the law and it just impedes law abiding citizens RKBA.

[The Annoyed Man]

What's the saying TAM? You can beat the rap but not the ride. How many CHLs have been arrested for unlawful possession?

And how many Texans go about every day with suppressed weapons and never get hassled? I myself have fired a friend's suppressed AR15 at Elm Fork range, with off-duty LEOs right next to me (including the rifle's owner who is with Dallas PD), with nary an issue. I think that if you keep your nose clean, you're not likely to get hassled.......unless LEOs read these pages and realize that they should have been arresting us all along.....

The point is the law is in the PC and has been and can be enforced. There is no need for the law and it just impedes law abiding citizens RKBA.

Yes, it does. I don't deny that. But I also think that the first person who doesn't beat the ride, but can produce a copy of the Constitution and their BATF paperwork, will have grounds for a lawsuit, and maybe that particular agency will think to educate its officers.

[Carry-a-Kimber]

What's the saying TAM? You can beat the rap but not the ride. How many CHLs have been arrested for unlawful possession?

And how many Texans go about every day with suppressed weapons and never get hassled? I myself have fired a friend's suppressed AR15 at Elm Fork range, with off-duty LEOs right next to me (including the rifle's owner who is with Dallas PD), with nary an issue. I think that if you keep your nose clean, you're not likely to get hassled.......unless LEOs read these pages and realize that they should have been arresting us all along.....

The point is the law is in the PC and has been and can be enforced. There is no need for the law and it just impedes law abiding citizens RKBA.

Yes, it does. I don't deny that. But I also think that the first person who doesn't beat the ride, but can produce a copy of the Constitution and their BATF paperwork, will have grounds for a lawsuit, and maybe that particular agency will think to educate its officers.

What would the agencies educated its officers on? They are enforcing the law as it is written in the PC. It is not the LEO's duty to refute a defense, it's the prosecutor's duty. This law needs to be removed from the PC.

[PUCKER]

It's the same for machine guns as well. I have owned one since 1996 with no issues. Do you have any cites for Texans being hassled about NFA items? Just curious (BTW I do agree with you).

[Carry-a-Kimber]

It's the same for machine guns as well. I have owned one since 1996 with no issues. Do you have any cites for Texans being hassled about NFA items? Just curious (BTW I do agree with you).

No I can't cite anyone being harassed about paperwork.

[matefrio]

This is an easy win for a Texas legislator. 90% of the responses were in support of the TPWDs changes to allow suppressors for hunting and the number of the responses were overwhelming according to the representatives I spoke with at TPWD.

It's a good time to push this nonsense out of the penal code.

[mrvmax]

I guess I am all right since I own a suppressor, not a silencer.