Posted: 4/24/2007 8:34:32 PM EDT
| Is it legal to own a silencer in texas? What are the requirements? How do you get the process started? |
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Yes they are legal www.ar15.com/forums/forum.html?b=6&f=17 Check out the class3 forum |
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well its Not legal....(46.05) but it is a defense to prosecution that you have your NFA paper work beat the rap? beat the ride? It would not stop me from getting one but as far as your question: they are not legal also in that section (46.05 Prohibited Weapons) Prohibited Weapons explosive weapon machine gun short-barrel firearm fireare silencer switchblade knife knuckles armor-piercing ammo chemical dispensing device zip gun Invisiblesoul |
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ATFE will not approve a transfer of a silencer / machinegun / AOW / SBR / SBS to anyone in any jurisdiction where they are prohibited. Same goes for Form 1 applications to make these items by an individual. In other words, ATFE even realized that these items are "legal" in Texas are they would prohibit their existence in this state. This is not a guarantee that an over zealous officer may not give you some grief at roadside, but I only know of a couple of arrests in Texas for possession of these items. In both casres, the individuals were released with formal appologies form the officers involved. |
Sorry, but Invisiblesoul is right. Compliance with the NFA is not an execption to the prohibition, but rather, a defense to prosecution. They are indeed, illegal in TX. Which makes me wonder why my CLEO signs off... If found with a properly registered NFA item in your posession by a LEO, you can rightly be arrested and charged. Upon proof of compliance with the NFA (Your approved form with cancelled stamp), the Judge must find you not guilty. 
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Yes, "they are illegal" via a literal reading of the PC. But everyone knows that is a technicality, based wording and nomenclature in era none of us lived in. As to why they did it who knows. By the same logic, just about everything is illegal - carrying guns, cigarettes, alcohol, driving, etc. all of these too have defenses to prosecution, whether explicitly mentioned in the PC or not. |
Actually, it is merely a defense to prossecution, not an affirmative defense. There is a big difference. You are partially correct - The Texas Penal Code states that these items are prohibited weapons. An individual can be arrested for possession of a proihibited weapon. Good luck getting the district attorney to accept the charge if you have proof of registration with the weapon. I guess that I am lawfully licensed to manufacture illegal items in Texas, and that my entire inventory could send me away for a couple hundred years. bummer...  The basis for my opinion is as a former peace officer as well as a federally licensed manufacturer of NFA weapons. |
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Well now that you guys have rehashed 100 threads in this forum before and also confused the hell out of the original poster. A simple answer is you can have suppressors in Texas and many on this board own them and shoot them regularly as well as , MGs, SBRs, SBSs, AOWs and DDs. |
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Silencers are legal in Texas. Bottom line. You can be arrested for picking your nose or anything else. Your defense to prosecution is that it isn't illegal to pick your nose. You can be arrested for having a silencer, but you have a defense to prosecution...THE FACT THAT IT ISNT ILLEGAL TO OWN ONE IN TEXAS WITH THE PROPER PAPERWORK. |
What he said... The translation of what the original poster asked is, "can I buy a silencer in Texas". The answer is yes. I have 3. I know a couple of the guys above arguing over the legality also have silencers and machineguns. One of them is also a C3 dealer in North Texas. As to how to get started, check out the suppressor forum under arms and tactics and find you a good C3 dealer as close to you as possible (just to save driving time). |
Good summary. |