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Posted: 1/18/2015 7:50:03 PM EST
Hello all,
I just fled the oppression of communist NY and have relocated to NE TX 6 months ago and my family and I love it!
I read before I moved here that as long as you had NFA tax stamp/paperwork, select fires, sbr's, silencers were all legal here. But then I read PC section 46.05 so it's only a defense from prosecution? Are they legal or not?? I would like to get a silencer for night hunting and saving my ears,etc But now I'm not sure, confused bc other here own them and there are gunshops her that sell them? Help guys.
Link Posted: 1/18/2015 8:01:03 PM EST
Yes and not. In Texas you are guilty until proven innocent with the term "defense to prosecution". Hopefully 2015 will change that for us but to answer your question you can own them but if you find a cop having a bad day you can be arrested and have to defend yourself assuming they are registered. A lot of us have them with no issue. Most LEO from what I have read will sign off or just go the trust route. Austin is home to the greatest class III dealer on the interwebs, Silencer Shop in north Austin. People drive from all over the state to go there! They also deal online if it is too much of a drive! Welcome and buy all the class III you can afford.
Link Posted: 1/18/2015 8:02:01 PM EST
Simple answer, legal (with approved ATF forms of course).
Link Posted: 1/18/2015 8:45:45 PM EST
Thanks guys, I should be ok then bc I live outside city limits on 13 acres, I brought in dirt for my own gun range and hunt my own land, so on my own property I shouldn't have any trouble. I'm thinking about a silencer for my AR(5.56) for yote's and hogs at night. Any recommendations ??
Link Posted: 1/18/2015 9:01:35 PM EST
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Originally Posted By JimmyNY:
Thanks guys, I should be ok then bc I live outside city limits on 13 acres, I brought in dirt for my own gun range and hunt my own land, so on my own property I shouldn't have any trouble. I'm thinking about a silencer for my AR(5.56) for yote's and hogs at night. Any recommendations ??
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Welcome!

Sean Cody did our Trust. Getting ready to do my first SBR soon.
Link Posted: 1/18/2015 10:23:36 PM EST
Originally Posted By JimmyNY:
Hello all,
I just fled the oppression of communist NY and have relocated to NE TX 6 months ago and my family and I love it!
I read before I moved here that as long as you had NFA tax stamp/paperwork, select fires, sbr's, silencers were all legal here. But then I read PC section 46.05 so it's only a defense from prosecution? Are they legal or not?? I would like to get a silencer for night hunting and saving my ears,etc But now I'm not sure, confused bc other here own them and there are gunshops her that sell them? Help guys.
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It is not a defense from prosecution. It is a defense to prosecution. That means you have a defense you can offer at trial as to why you should found not guilty, if you happen to get arrested and charged.

Link Posted: 1/18/2015 10:26:58 PM EST
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Originally Posted By Vandy58:
Yes and not. In Texas you are guilty until proven innocent with the term "defense to prosecution".
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That is actually a somewhat accurate simplification....


Link Posted: 1/18/2015 10:42:06 PM EST
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Originally Posted By txinvestigator:



It is not a defense from prosecution. It is a defense to prosecution. That means you have a defense you can offer at trial as to why you should found not guilty, if you happen to get arrested and charged.

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Originally Posted By txinvestigator:
Originally Posted By JimmyNY:
Hello all,
I just fled the oppression of communist NY and have relocated to NE TX 6 months ago and my family and I love it!
I read before I moved here that as long as you had NFA tax stamp/paperwork, select fires, sbr's, silencers were all legal here. But then I read PC section 46.05 so it's only a defense from prosecution? Are they legal or not?? I would like to get a silencer for night hunting and saving my ears,etc But now I'm not sure, confused bc other here own them and there are gunshops her that sell them? Help guys.



It is not a defense from prosecution. It is a defense to prosecution. That means you have a defense you can offer at trial as to why you should found not guilty, if you happen to get arrested and charged.



IE: This stamp is a Tax document, I am not required to show you Mr Local LEO, and you get arrested.
Link Posted: 1/18/2015 11:42:24 PM EST
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Originally Posted By 1057:


IE: This stamp is a Tax document, I am not required to show you Mr Local LEO, and you get arrested.
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Originally Posted By 1057:
Originally Posted By txinvestigator:
Originally Posted By JimmyNY:
Hello all,
I just fled the oppression of communist NY and have relocated to NE TX 6 months ago and my family and I love it!
I read before I moved here that as long as you had NFA tax stamp/paperwork, select fires, sbr's, silencers were all legal here. But then I read PC section 46.05 so it's only a defense from prosecution? Are they legal or not?? I would like to get a silencer for night hunting and saving my ears,etc But now I'm not sure, confused bc other here own them and there are gunshops her that sell them? Help guys.



It is not a defense from prosecution. It is a defense to prosecution. That means you have a defense you can offer at trial as to why you should found not guilty, if you happen to get arrested and charged.



IE: This stamp is a Tax document, I am not required to show you Mr Local LEO, and you get arrested.


Ok so now I am really confused, so it's not legal to own any or all here and I could be arrested just for owning one or all. Just if the LEO feels like it, Seriously and even though many people here own and use them it s a upto the LEO and then the judge after court and attorney fees etc if I can get acquitted. Fed VS state situation then. Close to like in NY when assult weapon ban died federally, the state adopted it's own law mimicking it with no defense to prosecution... Make you not want to own one. Then wouldn't it be illegal for example the Silencer shop to sell them to TX residence bc of the PC 46.05?
That's like saying he buy this and when you leave have bail and attorney fees for your arrest from buying it.
Link Posted: 1/18/2015 11:50:56 PM EST
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Originally Posted By JimmyNY:

Ok so now I am really confused, so it's not legal to own any or all here and I could be arrested just for owning one or all. Just if the LEO feels like it, Seriously and even though many people here own and use them it s a upto the LEO and then the judge after court and attorney fees etc if I can get acquitted. Fed VS state situation then. Close to like in NY when assult weapon ban died federally, the state adopted it's own law mimicking it with no defense to prosecution... Make you not want to own one. Then wouldn't it be illegal for example the Silencer shop to sell them to TX residence bc of the PC 46.05?
That's like saying he buy this and when you leave have bail and attorney fees for your arrest from buying it.
View Quote



Possession of an NFA item is a violation of penal code 46.05, as you read. Possession under the NFA is a defense to prosecution. A defense to prosecution to does not work like an exception to a law. You are subject to lawful arrest if you posses an NFA item. In court if you create reasonable doubt that possession was under the NFA, then you would be found not guilty. A Peace Officer is under no obligation to even consider if your possession was under the NFA.

In reality, for most defense to prosecution situations, if it is clear that you meet the defense police officers will not arrest. I don't have any NFA items, yet. However, I have not heard of anyone arrested when they met the defense.

I don't think it is a real concern as long as you meet the defense. However, you should be armed with facts. ;)

Link Posted: 1/18/2015 11:58:26 PM EST
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Originally Posted By JimmyNY:

Ok so now I am really confused, so it's not legal to own any or all here and I could be arrested just for owning one or all. Just if the LEO feels like it, Seriously and even though many people here own and use them it s a upto the LEO and then the judge after court and attorney fees etc if I can get acquitted. Fed VS state situation then. Close to like in NY when assult weapon ban died federally, the state adopted it's own law mimicking it with no defense to prosecution... Make you not want to own one. Then wouldn't it be illegal for example the Silencer shop to sell them to TX residence bc of the PC 46.05?
That's like saying he buy this and when you leave have bail and attorney fees for your arrest from buying it.
View Quote

It's legal to own, but it's also "legal" for them to arrest and charge you for it (and also extremely unlikely you'll ever have to worry about that, and far less likely you'd get convicted).
Link Posted: 1/19/2015 12:20:31 AM EST
OK thank you both, Since many people do own them here it is "unlikely" that I would be arrested for it especially if I don't give an LEO a reason to. I have never been arrested and obey the laws so really I should n't have an issue but I "could" if as said above, someone is having a bad day.

I had a CCP in NY for over 20 yrs, now here I was told I would have to go through the whole process to get a TX CCP, ARGHhhhhhhhhhhhhhhhhh!.Don't know if I will do that money & time for something I've done for yrs, and considering I can have a pistol in my car and carry on my own property. Seems not needed anymore. Bu like my post want to cover my bases and make sure I'm doing the right thing as always, so I guess I will get a silencer, bc for once I can, also save my ears and keep the neighbors happier. Plus my hornet doesn't wake the kids at night, but I'm sure my AR will.

Now to find out if its form 1, 4 etc and how to start and also get a trust.

God Bless Texas!!!!!!!!!!
Link Posted: 1/19/2015 7:45:11 AM EST
[Last Edit: 1/19/2015 7:46:07 AM EST by r-2-k-b-a]
Originally Posted By JimmyNY:
Hello all,
I just fled the oppression of communist NY and have relocated to NE TX 6 months ago and my family and I love it!
I read before I moved here that as long as you had NFA tax stamp/paperwork, select fires, sbr's, silencers were all legal here. But then I read PC section 46.05 so it's only a defense from prosecution? Are they legal or not?? I would like to get a silencer for night hunting and saving my ears,etc But now I'm not sure, confused bc other here own them and there are gunshops her that sell them? Help guys.
View Quote


Welcome to TX. I did the same thing back in 2001, from NY.

Bought a machinegun within 6 months of moving here.

--NOW ditch this username/login that indicates the _NY_ On the end and get a new one. You only have 50 posts anyways.
Link Posted: 1/19/2015 10:03:18 AM EST
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Originally Posted By JimmyNY:
Since many people do own them here it is "unlikely" that I would be arrested for it especially if I don't give an LEO a reason to. I have never been arrested and obey the laws so really I should n't have an issue but I "could" if as said above, someone is having a bad day.
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Originally Posted By JimmyNY:
Since many people do own them here it is "unlikely" that I would be arrested for it especially if I don't give an LEO a reason to. I have never been arrested and obey the laws so really I should n't have an issue but I "could" if as said above, someone is having a bad day.


If it makes you feel better, our defense to prosecution with NFA paperwork is the same level of protection afforded to the military and LEO in this state when they use similar items that fall under NFA.


(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.
Link Posted: 1/19/2015 5:42:31 PM EST
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Originally Posted By Wahnsinn:
Simple answer, legal (with approved ATF forms of course).
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This & WELCOME TO THE LAND OF THE FREE!!!!
Link Posted: 1/20/2015 12:36:35 AM EST
Thank you guys,
Read on silencer shops web site, should due this with a Trust so I will look into that first.
Then probably call them to recommend one, I know nothing about the brands,etc
Then maybe after the silencer for my AR, it's and open bolt mac or uzi to SBR
Link Posted: 1/20/2015 12:52:52 AM EST
Never heard of anyone being arrested for a lawfully possessed weapon.

Don't expect there to be any.


Link Posted: 1/20/2015 6:12:03 PM EST
[Last Edit: 1/20/2015 6:12:14 PM EST by lilMAC25]
I'd go Saker 7.62. I went 7.62 because I can still shoot 5.56 through it.

Then, I got a .45 pistol can Silencerco Octane45HD for the exact same reason.
Link Posted: 1/21/2015 1:08:48 AM EST
[Last Edit: 1/21/2015 1:10:27 AM EST by collegeboy]
Don't worry about all the legal BS.

All registered NFA is legal to own here.

Have your tax stamps with you.

You will be fine.

I shoot all my SBRs, suppressors, and full autos on my own land, at local ranges, bump into cops, been pulled over with a civilian transferable full auto M60E6 in the back seat sitting there etc. No problems.

Buy, register, enjoy.

I'm an FFL/SOT located in Argyle. Give me a PM if you ever have any questions. I enjoy helping others out.
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