Gun Silencers are Illegal in Texas. - Letter to TX Reps.

[matefrio]

As a whole I believe I have accurately described the distractors who have "contributed" to this thread.

I wasn't addressing fundamental beliefs just the apathetic comments that this is a non issue that can be found in this thread.

...perhaps a billboard would be a place to post more to your liking...on an open forum, when you post you invite ALL to share their opinions of what you post...and we have...

No issue with the distracors and nay sayers. I was addressing their comments directly I think.

The Annoyed Man et all like you»

You live a life of care free comfort that is now afforded you by lax enforcement of the law. I see you like a grasshopper not caring that there may be a harsh winter time coming watching us ants worry and work while the skys are clear.

No, you did not confine yourself to addressing my comments. You made a personal attack, likening me to the lazy grasshopper of Aesop's Fables fame, a morality tale about the virtues of hard work and planning for the future, when you know nothing about me, my business, how hard I work, and apparently my posting history. That is why I gave you both barrels in return. You still owe me an apology.

I hope we do agree striking § 46.05. PROHIBITED WEAPONS from the Texas penal code would be a good thing. As you note it seems, in your other posts here, you care about our freedoms and to share my disdain for laws that unnecessarily restrict our rights.

I was aiming at your comments specifically made in this thread that I read as you were complacent with the current status of the law.

If I misunderstood or if you took this as a personal attack on your overall character that was not my intent.

It is important we change this law wile we have momentum.

[matefrio]

Just got off the phone with the office of my State Rep Glenn Hegar.

Basically he took the law to the lawyers there and they don't see the need to change the current status of Silencers or Machine guns as they don't think anyone will be arrested with the current laws. He did agree it'd be better to have "shall be an exception to the application" than the current wording but didn't see the urgency of changing the law.

I did make the point of bringing up switch blades and brass knuckles and also prohibited weapons. I pointed out that an unlicensed person may carry a handgun in their car but are prohibited from owning brass knuckles and switch blades in Texas and that a Bowie knife is also an illegal weapon.

They seemed to be more open to that idea he's recommending to have Glenn Hegar take those items to the chairman of the appropriate board.

[MadMonkey]

I'd order a Microtech OTF DA auto in a heartbeat if I was allowed to carry the darn thing....

[Bullwhip]

Just got off the phone with the office of my State Rep Glenn Hegar.

Basically he took the law to the lawyers there and they don't see the need to change the current status of Silencers or Machine guns as they don't think anyone will be arrested with the current laws.

So did he vote against MPA, thinking no one would be arrested because they're covered under "traveling"?

I don't have enough faith in government to believe that I won't be arrested for something that is a defense to prosecution. I read too many cases of people arrested for things that weren't even crimes, I sure can't trust that I won't be arrested for something that *is* a crime, even with a defense.

[Voonman]

It has been awhile since this thread has been active..but just to update yall who have commented on this thread saying that no one in the state of texas has been arrested for penal code 46.05..you guessed it wrong.. here is a story of an ffl dealer and tax stamp holder for suppressors and sbrs getting arrested http://www.kens5.com/story/news/local/2 ... /10572466/" onclick="window.open(this.href);return false; ..i spoke to the gentleman who was arrested and the case was dismissed after 8 months and 14k dollars later..So technically..YES you can get arrested for owning an SBR or Silencer ..because according to penal code 46.05 it is an illegal weapon in texas..but you can use your NFA tax stamp as a defense to prosecution to get the charges possibly dropped later on...

[VMI77]

What's the saying TAM? You can beat the rap but not the ride. How many CHLs have been arrested for unlawful possession?

And how many Texans go about every day with suppressed weapons and never get hassled? I myself have fired a friend's suppressed AR15 at Elm Fork range, with off-duty LEOs right next to me (including the rifle's owner who is with Dallas PD), with nary an issue. I think that if you keep your nose clean, you're not likely to get hassled.......unless LEOs read these pages and realize that they should have been arresting us all along.....

Furthermore, many gun stores sell suppressors and they are openly displayed. I've yet to hear of any seller being charged.

[rm9792]

The linked story also says the man was drunk so the prohibited charge was likely added because of that

[VMI77]

This is one of the major reasons I so thoroughly resent libertarian efforts to bleed off republican voters. They are more concerned with maintaining the purity of their ideology than they are with the immediate effects of those efforts on the very real lives of very real people, and on small business owners like me. They would rather see the results of another Obama term happen to the nation, than they would be willing to make certain practical adjustments to their political activities. That makes them, for all practical political purposes, identical to the hardcore leftists of the democratic party, who dismiss the concerns of real persons by saying "you have to break a few eggs to make an omelet."

I disagree that there is any ideological purity in today's libertarian party. The party was sold out, co-opted by opportunists, and corrupted decades ago. Really, by libertarian philosophy, such an outcome is inevitable when any organization gets large enough. The only thing the party seems to care about today is homosexual marriage and drug legalization. The rest of the party ideology now amounts to nothing more than cover for crony capitalists.

[Voonman]

Yes ..it states that he was drunk but ..technically no because those charges were dropped after all the other crap was dropped...After speaking to him he claims that he was not drunk at the time...but this is a prime example just to show if you run into a cop that is very unreasonable ..This could happen to you or me..So yes technically NFA Items in The state of texas are illegal and you can be Arrested..

Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if the person 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) knuckles;

(6) armor-piercing ammunition;

(7) a chemical dispensing device;

(8) a zip gun; or

(9) a tire deflation device.

(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.

[Keith B]

Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if the person 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) knuckles;

(6) armor-piercing ammunition;

(7) a chemical dispensing device;

(8) a zip gun; or

(9) a tire deflation device.

(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.

As stated, the only thing you have is a defense to prosecution. If they want to push the limit they can charge you and you must use this as your defense. Defense to prosecution is not a 'get out of jail free' card. That is an 'exception' clause in the statute.

[Voonman]

Yep you are correct..

.just got off the phone with the NFA attorney http://archive.constantcontact.com/.../ ... 46411.html" onclick="window.open(this.href);return false; ..And everything is true and correct..You can get arrested from Any Texas PD who feels you are violating Texas penal code 46.05 and yes you will go through all the legal fees and possibly a few days to a week in prison depending in which county you are in at the time...After speaking with him and showing him Michael Mihalski case he was surpised that the arresting officer actually enforced the arrest after showing all NFA paper work..I also called the ATF and there response is on a federal level you are clear to go..but on a state level they have nothing to do with governing state laws and the NFA Tax Stamp does not protect you if the state has banned it as an illegal weapon you are out of luck...S000 Does this stink or what???

[baldeagle]

Just so I can ensure that I'm understanding the issue here, you're saying that you want the law changed from you can be arrested but not prosecuted to you cannot be arrested? ISTM that rescinding the law would mean that the state can't even charge you with a crime if you possess a suppressor without having begged for the Fed's permission to have one? That seems counterintuitive to me. Like the state is ceding some of its authority to the Feds, something I'm strongly opposed to.

Wouldn't it be better to change the defense to prosecution section (c) to something like a person does not commit an offense under this section if the actor's possession was pursuant to registration pursuant to the National Firearms Act, as amended?

[Voonman]

Hey man..you can change it alternate it or whatever you possibly can so innocent law abiding citizens dont get arrested for there federal legally owned NFA items

[cb1000rider]

My guess is changing the verbiage here so it aligns with Federal law is probably political suicide right now. With all the public pressure from "anti" groups against assault weapons and other points, how likely do you think it is that a conservative is going to stand up and make him/herself a target by "legalizing silencers on assault weapons" in Texas. And the result of all that work is no real change.

I use those quotes because that's how it will be spun.

I work with several people who have recent trusts to deal with suppressors. None of them have been stopped to the best of my knowledge, but I'll update if and when that happens.

[Voonman]

please keep us informed if any new arrests happen..but for everyone owning these nfa items..We all can technically be arrested lol...