TexasCHLforum.com

I was looking over the Texas statutes on illegal weapons and noticed the section on 'firearms silencers' and had a question. Of course I am aware of the NFA process to purchase and possess one, and I don't have any intention of doing so at the time merely because it's cost-prohibitive. I was noticing that registering your NFA items only gave you a 'defense to prosecution' instead of an exemption to the statute. Anyone know anything further about that? Anybody have any NFA-registered items?

From the statute:

§ 46.05. PROHIBITED WEAPONS. (a) A person commits an
offense if he intentionally or knowingly possesses, manufactures,
transports, repairs, or sells:
...
(4) a firearm silencer;
...
(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.

Firearm silencer is:

(4) "Firearm silencer" means any device designed,
made, or adapted to muffle the report of a firearm.

This includes machine guns as well.

Wouldn't a defense to prosecution mean you could still technically get convicted?

I'm no expert on NFA items, but I've met plenty of people with NFA items in Texas and as long as you've got your paperwork it shouldn't be a problem.

The biggest issue can be getting a local signature for your license. In Galveston county (where I live) its not supposed to be too hard, but I hear Harris county can be more difficult.

I also know a few folks who have 'em. They definitely have to keep paperwork available. Last Sheriff in Denton County was good on signatures for good guys. He even an an AK hanging on wall behind his desk. Not sure about the new guy ...

Hello. I believe that the new one will be as well. I know him pretty well as he worked under my command for several years before I retired. He was an officer and I was his sergeant. He's always been a strong supporter of the Second in the years I've known him.

Best.

Thanks for feedback Stephen. One of our members, who has a real common first and last name, told me last year that Weldon asked him to roll up his sleves and show him that he did not have certain tattoos, then signed gladly the paperwork.