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Posted: 2/24/2007 10:28:49 PM EST
Just playing of RenegadeX's suggestion about maybe fixing the law § 46.05. PROHIBITED WEAPONS.

§ 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.

(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.

(e) An offense under this section is a felony of the third
degree unless it is committed under Subsection (a)(5) or (a)(6), in
which event, it is a Class A misdemeanor.

I think that 46.05 (c) should be amended to be:

§ 46.15. NONAPPLICABILITY. (a) Sections 46.02, 46.03 and 46.05 A.(1)(2)(3)(4)
do not apply to:

(9) Persons holding title II weapons, properly registered with the National Firearms Act Registry as amended.

and just do away with 46.05 (c)

It's been too long since I've done leagleze, anyone want to lend a hand. Suggestions, comments?

ETA: I'd like to get 46.05 a(5) completely removed, wonder if I could pull that off.
Link Posted: 2/25/2007 4:14:11 AM EST
Why not include removal of § 46.05(a)(9)?

What the statute calls a "zip gun" the NFA calls an "AOW" ie. pen guns, etc. There are several floating around the DFW crew you know.
Link Posted: 2/25/2007 10:21:20 AM EST
Does any body have first hand knowledge of someone being arrested for possession of a NFA item while having their paper work with them at the time of arrest. Everything in order and NO other offenses listed on the arrest. I know you can be arrested for any thing, but what dept. wants an officer making an arrest that they know will not go any where. I can see being detained for a while if the officer does not know what he is looking at, that can be taken care of by several means other than an arrest. Thanks
Link Posted: 2/26/2007 1:47:02 PM EST
I would like to ammend your proposal to include some "Shall sign" language similar to TN for the NFA desiring Texan. Texas should lead in the pro 2nd arena instead of following other states like Fl. with the "Castle Doctrine."
Link Posted: 2/26/2007 2:22:30 PM EST
I've always been curious about a cop coming across legal NFA items & having no clue they're legal & whether he'd arrest you or not.

Once a friend was pulled over & had a rifle in his trunk which had its stock replaced w/a folding stock (I can't remember what type of rifle it was) & he was arrested & the rifle confiscated. His lawyer had the BATF to send papers saying it was legal. I don't think he got the rifle back but he went into a pawn shop directly across the street & they had the same gun. There may be more to the story he didn't tell me. He was that kind of person... The situation did happen in a rather small town.
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