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Posted: 10/9/2005 7:51:48 AM EDT
Something I've always wondered. Since Class III weapons are registered with the Federal Gubmint,
are Class III weapons available for purchase to folks in the commie states like, CA, NJ etc?

Second question. Do States rights supercede Federal laws in this area?
Example: If Dick legally buys a Class III weapon in a free state and then "assault rifles" are banned
in that state at a latter date, does Dick get screwed by having to get ride of his Class III weapon?
Link Posted: 10/9/2005 7:54:13 AM EDT
I'm going to say no, many states didn't allow class 3 before the 94 ban. Some won't allow sbrs or silencers either. Some do 1 but not the other.
Link Posted: 10/9/2005 9:07:29 AM EDT
Actually in TX some NFA things are illegal.  But it is a defense against prosecution if they are registered in the NFA in accordance with .gov's guidelines.  Good thing too cuz I got a safe full.  

Debo
Link Posted: 10/9/2005 9:13:29 AM EDT

Originally Posted By Irishfly:
Actually in TX some NFA things are illegal.  But it is a defense against prosecution if they are registered in the NFA in accordance with .gov's guidelines.  Good thing too cuz I got a safe full.  

Debo



What NFA things are illegal in Texas?
Link Posted: 10/9/2005 9:23:13 AM EDT

Originally Posted By jkstexas2001:

Originally Posted By Irishfly:
Actually in TX some NFA things are illegal.  But it is a defense against prosecution if they are registered in the NFA in accordance with .gov's guidelines.  Good thing too cuz I got a safe full.  

Debo



What NFA things are illegal in Texas?



+1  
Link Posted: 10/9/2005 9:31:01 AM EDT
Actually, I think many states' laws are written that NFA items are generally illegal, but it is a defense to prosecution if certain items (whatever the state happens to allow, if anything) are properly registered with the feds in the NFA registry.
Link Posted: 10/9/2005 9:42:57 AM EDT
Shit!  I'd like more info on this.  I was hoping to move to Texas when I get back from Iraq, cause I heard it was a gun owners paradise.  If I can't own SBRs and MGs legally, what's the point?
Link Posted: 10/9/2005 9:47:20 AM EDT

Originally Posted By Gunner1X:

Originally Posted By jkstexas2001:

Originally Posted By Irishfly:
Actually in TX some NFA things are illegal.  But it is a defense against prosecution if they are registered in the NFA in accordance with .gov's guidelines.  Good thing too cuz I got a safe full.  

Debo



What NFA things are illegal in Texas?



+1  


+2
Link Posted: 10/9/2005 9:50:32 AM EDT

Originally Posted By Quien:
Shit!  I'd like more info on this.  I was hoping to move to Texas when I get back from Iraq, cause I heard it was a gun owners paradise.  If I can't own SBRs and MGs legally, what's the point?



I know lots of folks with machineguns down here, and I have not, until today, heard that some NFA things are illegal.  A friend of mine carries a MAC10 with a suppressor to and from work every day.
Link Posted: 10/9/2005 10:25:56 AM EDT
You guys are really going to make me look up the Texas Penal Code?


OK, calm down and give me a few minutes.

Debo
Link Posted: 10/9/2005 10:27:46 AM EDT
All machine guns and silencers are illegal in TX. However, like was stated before, if you have a stamp you have a defense to prosecution.
Link Posted: 10/9/2005 10:28:46 AM EDT
§ 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 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
.


OK, that took all of about 45 seconds.  


Debo
Link Posted: 10/9/2005 10:35:35 AM EDT
Got it.  It's illegal, but it's not.  Clear as mud.
Link Posted: 10/9/2005 10:40:58 AM EDT
[Last Edit: 10/9/2005 10:42:57 AM EDT by Gunner1X]
Back to the original question, I currently own a NFA registered Machine gun, SBR and a silencer.
If, hypothetically speaking; Texas outlawed the posession of a semi-automatic, off the rack
assault rifle, would this also automatically outlaw Class III and other NFA weapons?

Has this scenario ever happed in any other state?
Link Posted: 10/9/2005 10:40:58 AM EDT

Originally Posted By Quien:
Got it.  It's illegal, but it's not.  Clear as mud.



It's illegal, but having the weapon registered on the NFRTR is a defense to prosecution.  What that means is, if you piss off the popo they will lock your ass up for a couple of days and confiscate your shit until the prosecutor tells them he's not going to charge you.  It will cost you time and money, which is where the good old JBT saying, "You might beat the rap, but you won't beat the ride" comes from.
Link Posted: 10/9/2005 11:00:55 AM EDT
[Last Edit: 10/9/2005 11:01:15 AM EDT by falaholic1]

Originally Posted By Gunner1X:
Back to the original question, I currently own a NFA registered Machine gun, SBR and a silencer.
If, hypothetically speaking; Texas outlawed the posession of a semi-automatic, off the rack
assault rifle, would this also automatically outlaw Class III and other NFA weapons?

Has this scenario ever happed in any other state?



No NFA wouldn't be illegal because they would have to strike the ammendment allowing the registered NFA item as a defense to prosecution to make it illegal.
Link Posted: 10/9/2005 11:10:15 AM EDT

Originally Posted By Irishfly:
§ 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 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
.


OK, that took all of about 45 seconds.  


Debo



I read this to say it's illegal if you don't have a properly NFA registered weapon.

This law lets local authorities deal with NFA violations without involving the Keystone Cops. (BATFE)
Link Posted: 10/9/2005 11:38:56 AM EDT

Originally Posted By falaholic1:

Originally Posted By Gunner1X:
Back to the original question, I currently own a NFA registered Machine gun, SBR and a silencer.
If, hypothetically speaking; Texas outlawed the posession of a semi-automatic, off the rack
assault rifle, would this also automatically outlaw Class III and other NFA weapons?

Has this scenario ever happed in any other state?



No NFA wouldn't be illegal because they would have to strike the ammendment allowing the registered NFA item as a defense to prosecution to make it illegal.




That's what I'm looking for. Thank you.
Link Posted: 10/10/2005 10:55:16 AM EDT

Originally Posted By Tannim:

Originally Posted By Irishfly:
§ 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 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
.


OK, that took all of about 45 seconds.  


Debo



I read this to say it's illegal if you don't have a properly NFA registered weapon.



That is correct.  Most laws are written in general terms (NFA is illegal), but with exceptions (proper ATF registration with NFA Branch) to the general rule.
Link Posted: 10/10/2005 11:03:25 AM EDT
Technically NJ is an NFA state, believe it or not. Now, getting a county judge to sign off on the Form 4 is another matter, but technically, it is an NFA state.



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