Good info, thanks for the replies to my hypothetical.

Quoted: So, let me ask the LEOs here. If I am at a range with my suppressor and am confronted by a LEO telling me it is illegal to possess a suppressor here in Texas. I say, here is my paperwork.   I hand him my approved Form 4 for said suppressor. He says, that is just a defense to prosecution. I say   He says you are going to jail for being in posession of that silencer.  You have the right to remain silent.... I go to jail. I go in front of a judge with my approved Form 4. Judge says, ok, case dismissed.  That is a legal defense to prosecution. What happens to the LEO that hauled me after I complain to his superiors and anyone of authority that I can think of? Will they say he is correct, sir, that is just a defense to prosecution?  Or will he be reprimanded or worse for hauling me to jail for that offense and that offense only?   Would this ever happen if you have correct documentation with you? Have you guys ever seen this happen? Just a couple of questions about this scenario.   Thanks for your input.

Im not a LEO but I would tend to think the attitude you give, either good or bad to the officer questioning you could have alot to do with where you spend the night.

Quoted: I would be skeptical that it would ever get to court. Someone has to press charges for the offense. I doubt that the DA, once this crossed his desk would carry it to court. This is just how I see it. I have no l eagle training nor do I know how this would play out after an arrest. This is just my own thoughts here.

This is basically how it was explained to me by a good friend who IS an attorney, and was a prosecutor for many years.  Before you go to court, the case has to go through the DA's office.  If they don't think they can win it (i.e. if you have a legit defense to prosecution) they're going to throw it out.

The only reasons you'll spend any time in jail for a legally-registered NFA weapon are
a) the arresting officer didn't know any better
b) you didn't have your paperwork on you
c) the NFA charges were add-ons to other charges
d) the arresting officer wanted to make your life difficult

At least that's my opinion...

Soowah - Great way of dealing with the situation!

One question though...I'm thinking of setting up a trust in order to purchase NFA weapons. How will that work for the person(in regards to this situation) since you don't have to gather signatures from the CLEO? If anyone has this type of setup please chime in! TIA for the info!

I'm thinking of setting up a trust in order to purchase NFA weapons. How will that work for the person(in regards to this situation) since you don't have to gather signatures from the CLEO?

IANAL, but if your name was Alfred E. Neuman, you might form the Alfred E. Neuman Revocable Living Trust.

Your Form 1 / 4 would show that the weapon was registered to the Alfred E. Neuman Revocable Living Trust, with Alfred E. Neuman as the grantor and trustee.

As long as your driver's license also read Alfred E. Neuman, I don't see why you would have a problem.

Quoted: IANAL, but if your name was Alfred E. Neuman, you might form the Alfred E. Neuman Revocable Living Trust. Your Form 1 / 4 would show that the weapon was registered to the Alfred E. Neuman Revocable Living Trust, with Alfred E. Neuman as the grantor and trustee. As long as your driver's license also read Alfred E. Neuman, I don't see why you would have a problem.

Thanks for the reply!..You're right....but as far as paperwork is concerned I probably wouldn't have something to show (like Soowah did) Just in case the police office is a complete dick and gives me a hard time. I sure would hate to go spend a night in jail b/c of it...

as far as paperwork is concerned I probably wouldn't have something to show (like Soowah did)

You would have a copy of a Form 1 / 4 with a $5 / $200 tax stamp, with the "Approved" box checked, with the signature of an "Authorized ATF Official".  Should be good enough.

sounds like an awful lot of hassle to have a suppressor.
and has suddenly put me back on the fence about starting the process.

that, and coupled with my LEO brother in law's initial response "those are illegal, how do you plan on staying out of trouble with it?"
-uneducated in the specific matter, apparently

BuffDragon,

It's all about educating yourself. I spent almost 2 years learning about NFA and asking and reading A LOT before I purchased my 1st silencer. If you show confidence and a firm grasp that you know it's legal, you should not have a problem. If you act timid and act like you're hiding something IMHO that's when SHTF.

Every time I'm at the range I get someone asking if that's legal. I have had NFA101 at least 6 times over the past year. This is the only time it's been for LEO.

I say go for it, once you own NFA items the benefit's/joy far outweigh the other bullshit that goes along with it.

Tanlegsintx (my wife) can now confidently explain to folks and LEO with a reasonable degree of knowledge the in's and outs of the approval process and the legal requirements.

ETA: Most cans are IMHO are bought from a reputable manufacture with really nice rollmarks and machining. If you form1 a can and don't make it look "pretty" you might have to explain in a little more detail.

ETA2: I'm down with what RenegadeX said. I'll be sending in a letter on Monday.

Quoted: as far as paperwork is concerned I probably wouldn't have something to show (like Soowah did) You would have a copy of a Form 1 / 4 with a $5 / $200 tax stamp, with the "Approved" box checked, with the signature of an "Authorized ATF Official".  Should be good enough.

Exactly correct. If you look at one of my replies on the "document dump" one of the forms was a "trust". So long as you don't get creative with the naming (In God We Trust Trust, comes to mind) you should not have a problem.

Mine is the Mr Soowah and Mrs. Soowah Revocable Living Trust. I can pull out at least 3 forms of ID from my wallet at any given moment to verify that paperwork belongs to me.

Thanks Soowah for the info! Now I feel more confident about getting mine!

Quoted: Thanks Soowah for the info! Now I feel more confident about getting mine!

X2


honestly, I dont spend much time at the range, as the family makes regular trips to the ranch in warmer weather, and hunting seasons the boys join me for trips up there a lot.  so I wouldnt be under the prying eye of anyone really.

would be more for teaching my kids about firearms, safety and such, without the burden of hearing protection.