The focal point for Texas firearms information and discussions
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Even if you think it is legal based on your interpretation of the law, they may not, and thus may not sell it to you. But please do let us know! I am not fond of having to shell out a couple extra hundred dollars for a suppressor.nakedbike wrote:This is a very interesting proposition... I found a company that makes them in New Mexico (my home state)... Time to do some research!
It is a difference of opinion that could end up ruining some unsuspecting lives. Sure, Montana can take the stance that it is legal. That does not mean that BATFE agrees. There will inevitably be a federal court case on the matter and someone will be the test case facing federal felony charges. They will likely lose.APynckel wrote:I'm just wondering how they were allowed to circumvent the NFA to allow over the counter suppressor sales. Can anyone shed some light on this? Would be awesome if Texas did the same.
Jumping Frog wrote:It is a difference of opinion that could end up ruining some unsuspecting lives. Sure, Montana can take the stance that it is legal. That does not mean that BATFE agrees. There will inevitably be a federal court case on the matter and someone will be the test case facing federal felony charges. They will likely lose.APynckel wrote:I'm just wondering how they were allowed to circumvent the NFA to allow over the counter suppressor sales. Can anyone shed some light on this? Would be awesome if Texas did the same.
We will have to wait and see what comes out of the courts.Are you in Montana or Texas? http://firearmsfreedomact.com/state-by-state/" onclick="window.open(this.href);return false;C-dub wrote:So, if I make my own suppressor it's legal? Or would it be like the wheat thing, since I didn't buy it from someone else out of state?
Right here in DFW!tbrown wrote:Are you in Montana or Texas? http://firearmsfreedomact.com/state-by-state/" onclick="window.open(this.href);return false;C-dub wrote:So, if I make my own suppressor it's legal? Or would it be like the wheat thing, since I didn't buy it from someone else out of state?
In Texas you can be charged with violating state law and there's no commerce clause issues. 46.05(a)(4)C-dub wrote:Right here in DFW!tbrown wrote:Are you in Montana or Texas? http://firearmsfreedomact.com/state-by-state/" onclick="window.open(this.href);return false;C-dub wrote:So, if I make my own suppressor it's legal? Or would it be like the wheat thing, since I didn't buy it from someone else out of state?
Bummer. That was a short experiment. I don't think I'll be getting that NFA license.tbrown wrote:In Texas you can be charged with violating state law and there's no commerce clause issues. 46.05(a)(4)C-dub wrote:Right here in DFW!tbrown wrote:Are you in Montana or Texas? http://firearmsfreedomact.com/state-by-state/" onclick="window.open(this.href);return false;C-dub wrote:So, if I make my own suppressor it's legal? Or would it be like the wheat thing, since I didn't buy it from someone else out of state?
File a form one and send 200 clams and build one however you want :-)C-dub wrote:Right here in DFW!tbrown wrote:Are you in Montana or Texas? http://firearmsfreedomact.com/state-by-state/" onclick="window.open(this.href);return false;C-dub wrote:So, if I make my own suppressor it's legal? Or would it be like the wheat thing, since I didn't buy it from someone else out of state?
As far as I know you just have to get the tax stamp as mentioned in the previous post ^^^JeepGuy79 wrote:File a form one and send 200 clams and build one however you want :-)C-dub wrote:Right here in DFW!tbrown wrote:Are you in Montana or Texas? http://firearmsfreedomact.com/state-by-state/" onclick="window.open(this.href);return false;C-dub wrote:So, if I make my own suppressor it's legal? Or would it be like the wheat thing, since I didn't buy it from someone else out of state?
Which makes a State Agency approval of using a prohibited device (under the same State's penal code) more interesting.Carry-a-Kimber wrote:In Texas, a suppressor is illegal, the NFA tax is a defense to prosecution.
http://www.statutes.legis.state.tx.us/D ... /PE.46.htm" onclick="window.open(this.href);return false;Action
2012-2013 Statewide Hunting Proclamation
March 29, 2012
I. Executive Summary: This item presents the proposed 2012-2013 Statewide Hunting Proclamation for adoption. The proposed amendments would:
Alter the season structure currently in effect for Grayson County (archery-only special season with crossbow by upper-limb disability only; regular season restricted to archery only, crossbows lawful) to allow full-season either-sex hunting opportunity, and implement that structure in Collin, Dallas, and Rockwall counties (which currently have no open season);
Implement a full general season in Galveston County (currently there is no open season) with the same season structure as Harris County;
Eliminate the pheasant season in three coastal counties in response to absence of population;
Remove remnant references to tarpon and red drum;
Remove obsolete regulations regarding the hunting of prairie chickens on managed lands; and
Legalize sound-suppressing devices to take game animals and birds.
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) a switchblade knife;
(6) knuckles;
(7) armor-piercing ammunition;
(8) a chemical dispensing device;
(9) a zip gun; or
(10) 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.
(d) It is an affirmative defense to prosecution under this section that the actor's conduct:
(1) was incidental to dealing with a switchblade knife, springblade knife, short-barrel firearm, or tire deflation device solely as an antique or curio;
(2) was incidental to dealing with armor-piercing ammunition solely for the purpose of making the ammunition available to an organization, agency, or institution listed in Subsection (b); or
(3) was incidental to dealing with a tire deflation device solely for the purpose of making the device available to an organization, agency, or institution listed in Subsection (b).
(e) An offense under Subsection (a)(1), (2), (3), (4), (7), (8), or (9) is a felony of the third degree. An offense under Subsection (a)(10) is a state jail felony. An offense under Subsection (a)(5) or (6) is a Class A misdemeanor.
(f) It is a defense to prosecution under this section for the possession of a chemical dispensing device that the actor is a security officer and has received training on the use of the chemical dispensing device by a training program that is:
(1) provided by the Commission on Law Enforcement Officer Standards and Education; or
(2) approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety.
(g) In Subsection (f), "security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 918, ch. 342, Sec. 15, eff. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. 457, Sec. 2, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4831, ch. 852, Sec. 2, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(47), eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 229, Sec. 2, eff. Sept. 1, 1991; Renumbered from Penal Code Sec. 46.06 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 1071, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1035, Sec. 2.01, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1278, Sec. 7, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 920, Sec. 2, eff. September 1, 2011.
Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
(8) a chemical dispensing device;
http://www.statutes.legis.state.tx.us/D ... /PE.46.htm" onclick="window.open(this.href);return false;AFCop wrote:
http://www.statutes.legis.state.tx.us/D ... /PE.46.htm" onclick="window.open(this.href);return false;Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
(8) a chemical dispensing device;
Does this mean that regular people can not carry OC/Mase as it is a chemical dispensing device?
So, a "regular person" can carry >>> a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being.Definitions
(14) "Chemical dispensing device" means a device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being.
