Posted: 1/11/2009 3:47:50 PM EDT
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I've had a trust setup for nearly a year with the intentions of transferring a suppressor or SBR. However I have read many post on this hometown forum how technically NFA items are illegal to possess in the state of Texas. There are many people, or trust/corps/etc that own said NFA items in the state of Texas.
My question is, is it likely that you could be arrested for having an NFA item in your possession even with the proper paperwork? Is it worth the risk? |
defense to persecution. 
if you have the paperwork you can use it as a defense in the unlikely event you are detained. most cops will look at the paperwork and let you go as it would be a waist of time to press charges that won't stick. and yes it is well worth it!!! |
| ATF won't approve any transfer or making paperwork in a state where the item would place the owner in violation of local or state laws. ATF approves NFA Weapons in Texas, indication that they understand the legality of the weapons in our jurisdiction. While Texas does have the offense "possession of a prohibited weapon" in the Penal Code which specifically addresses NFA (Title II) weapons, there is now a "defense top prosecution" that the items were properly registered pursuant to the National Firearms Act. Any decent prosecutor will refuse charges for the mere possession of a NFA weapon if there is proof of registration. I am not guaranteeing that an over zealous officer can't cause you some grief, but you should definitely beet the rap. |
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Quoted:
What's the difference between "defense" and "affirmative defense" in legalese? No expert here, but I think that "defense" means there could still be some argument on the matter, and an "affirmative defense" would mean that it's a "get out of jail free" card, so to speak. Regardless, if it's registered pursuant to NFA, I don't think there's any real chance of you getting convicted in a Texas state court. It would be nice though, to completely remove this possibility and re-word the law. |