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texas297

For the record, most of these laws we are referring to are all outdated and senseless. I am trully glad, as a LEO, I am afforded discretion.

Additionally, while on a traffic stop today I had to have the driver exit the vehicle for reasons not important here. He had already advised me of his CHL and that he was in fact armed. While I certainly kept my guard up, I never even disarmed him. Promise you, MOST cops probably would have. Not that they are scared he's going to shoot him, it's just the plain and simple fact that's how are are trained and handle the situation. Might be a good debate in another thread.

texas297

rm9792 wrote:I have commented before about people spouting off and having no clue about the subject. I wonder if the LEO would notice the SBR mine is attached to?

I'll take that challenge.

texas297

Carry-a-Kimber wrote:Don't have time right now to be super specific but only a BATFE agent has the authority to request an NFA stamp because they are the agency the tax is paid to. Kinda like a constable can't ask to see your W2s to prove you paid your federal income tax, it's not their jurisdiction.

Well seeing as how a silencer is classified as a prohibitive weapon in Texas, I'd recommend having it. They may beat the charge, but not the ride. Not trying to argue symantics here, just don't want to see some of you all get arrested. Most cops are pro guns, but there are some that aren't and less knowledgable.

texas297

WildBill wrote:
scud runner wrote:If the owner doesn't consent to the taking, is it a transfer? (It's possible to deny consent without resisting.)
I am not a lawyer or LEO, but how is this different than any other piece of evidence? Just because it may be in his physical possession doesn't mean that he owns it. An LEO could take a machine gun or grenade or kilo of cocaine as evidence without having an FFL, NFA or a prescription.

You hit the nail on the head Wild Bill. It's not treated different then any other piece of evidence. That's where my authority from the State comes in. I am, basically acting on behalf of the State of Texas.

texas297

RSJ wrote:
texas297 wrote:
Carry-a-Kimber wrote:
alvins wrote:I finally got my supressor tax stamp back today. Do i just need to carry around a copy of the form with the stamp on it? I figure some bondhead at some point is going to challenge the legality of it.
What they said. Rememer, NEVER surrender an NFA item to anyone other than a BATFE agent. If an LEO wants to "look" at your suppressor that is okay, but if they want to confiscate it make them call an agent because BATFE is the only agency that can legally take possetion of an NFA item and return it without a major headache. If you "transfer" your item to an LEO there is a chance that you can not legally get it returned to you.
BTW how long did it take? I sent my last set of paperwork in early April and I'm figuring maye November.
I beg to differ sir. Under Texas Penal Code 46.05(a)(4) a silencer is a prohibitive weapon. I am a pro-gun Texas Peace Officer and if I have probable cause to believe an offense has taken place I can most certainly seize the item. I am not saying I would, just saying I have the LEGAL authority to do so. Officer discretion comes in play here.
Not asking this in any hostile manner (thank you for protecting our streets) , but how exactly would a peace officer take the item. Obviously physically taking it, booking it, etc. But is there an official form to transfer it while it is being held? Does the LEO agency actually have a specific "stamp" or acquire one? I am just curious as to the legal status of the item after the original owner "loses" physical possession. I

I know the above question may be more of a technicality, but after seeing some discussion on a SBR/SBS/DD owner's death and how that could affect a family member in the same household, not a unreasonable question.

And I'm certainly not being hostile either. It looks like there is some confusion in terminology.

If I stop a car and Joe Doe gives me consent to search said vehicle and whilst during search I find a silencer(suppressor). I have the legal authority to seize the item as evidence if Mr Doe doesn't have the tax stamp. Again, would I? Probably not, it depends on the whole situation. That is where discretion comes into play. Unless commanded by a judge, there is only two offenses in the State of Texas that I SHALL make an arrest for. And they are related to family violence calls.

Hope this helps a bit.

texas297

Carry-a-Kimber wrote:
alvins wrote:I finally got my supressor tax stamp back today. Do i just need to carry around a copy of the form with the stamp on it? I figure some bondhead at some point is going to challenge the legality of it.
What they said. Rememer, NEVER surrender an NFA item to anyone other than a BATFE agent. If an LEO wants to "look" at your suppressor that is okay, but if they want to confiscate it make them call an agent because BATFE is the only agency that can legally take possetion of an NFA item and return it without a major headache. If you "transfer" your item to an LEO there is a chance that you can not legally get it returned to you.
BTW how long did it take? I sent my last set of paperwork in early April and I'm figuring maye November.

I beg to differ sir. Under Texas Penal Code 46.05(a)(4) a silencer is a prohibitive weapon. I am a pro-gun Texas Peace Officer and if I have probable cause to believe an offense has taken place I can most certainly seize the item. I am not saying I would, just saying I have the LEGAL authority to do so. Officer discretion comes in play here.

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