Man charged with possession of homemade silencer

[matefrio]

Man charged with possession of homemade silencer - YNN - Your News Now

 

[Wolfwood]

hehe, in high school a kid had a toilet paper roll stuffed with toilet paper with cologne on them and drier sheets and stuff, and a dryer sheet rubber banded over the front end. the idea being he could smoke weed and exhale through the tube and not be smelled.

actually, he never got caught smoking so it must have worked pretty well... until one day he got arrested because the campus cop saw it sitting in his back seat. he though "that looks like a homemade silencer" they called him in and hauled him off.

he ended up convincing the judge it was for "stealth smoking" and ended up with drug paraphernalia and a bit of probation.

heh. close one!

 

[woolleyworm]

What a joke, shut down the whole place because of a silencer???? with the owner right there? Not like he was looking to blow himself up; just gets me how having a silencer equates to "call in the BOMB squad".

And someone needs to get ahold of that dumb ass news station and inform them of suppressor laws; they are NOT illegal. Dipshit reporters should be required to pay a fine for every bit of bs that they spew. ( at least she's a decent looking dipshit )

 

[Jakashh]

Why didn't he just do the paperwork to build one?

 

[matefrio]

they are NOT illegal.

They are illegal in Texas.
Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if he 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; or
(9) a zip gun.

 

[woolleyworm]

They are illegal in Texas.
Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if he 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; or
(9) a zip gun.

I may be unclear on whether a suppressor and silencer are considered the same under that law. I was going under the assumption that suppressors are legal so long as you've payed the tax and had all the paperwork done.

 

[matefrio]

I may be unclear on whether a suppressor and silencer are considered the same under that law. I was going under the assumption that suppressors are legal so long as you've payed the tax and had all the paperwork done.

PENAL CODE**CHAPTER 46. WEAPONS
Suppressor and Silencer are the same thing under Texas Law. See the definition below:
(4) "Firearm silencer" means any device designed, made, or adapted to muffle the report of a firearm.


Anyone who possesses a prohibited weapon can be arrested under Texas law.

 

[Wolfwood]

still illegal, the batf paperwork crap is just a defense. this is covered in great detail else wear in the class III section.

 

[woolleyworm]

They are illegal in Texas.
Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if he 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; or
(9) a zip gun.

so, this also implies that nobody in TX can own a machine gun?????? no matter what paperwork or license they have?

 

[matefrio]

so, this also implies that nobody in TX can own a machine gun?????? no matter what paperwork or license they have?

No, anyone who owns a machine gun may be arrested though.

 

[woolleyworm]

Not that I'll ever own a suppressor, but this has me curious. I'll do some digging in the c3 threads. This is from this site: http://www.silencerresearch.com/Silencerguide.pdf

Guide to Obtaining a Legal Silencer​

Presented by Silencer Research LLC​

This guide is a tool to help you on the way to purchasing a legal
silencer in the United States. The best source of information is usually
your local or area Class 3 dealer.
Can I own a silencer? Silencers have never been illegal under federal
law; they have only been regulated and taxed. This means that if your
state doesn’t prohibit ownership of silencers, you can probably buy
one. Here are some things you also need to know.​

•​

Must be 21 years old when purchasing from a dealer​

•​

Typically, if you can buy an handgun, you can buy a silencer​

•​

Must not have been convicted of a felony or pleaded guilty to
domestic violence charge(s)​

•​

Must be a United States Citizen
The following states allow civilian ownership of silencers. AL, AR, AK,
AZ, CO, CT, FL, GA, ID, IN, KY, LA, ME, MD, MS, MT, NE, NV, NH, NM,
NC, OH, OK, OR, PA, SC, SD, TN, TX, UT, VA, WA, WI, and WY. If​

your state isn’t listed here, you will not be able to own a silencer.

The Basic steps to obtain a silencer are listed below:​

•​

Make sure you can own one in your state​

•​

Pick a silencer to buy​

•​

Find a Class 3 Dealer​

•​

Fill out and complete the required paperwork IN DUPLICATE​

•​

If an individual, obtain Law Enforcement signature on the forms
be fingerprinted and paste or tape two photographs of yourself
onto the forms​

•​

If a Corporation or Trust, you may skip the above step​

•​

Pay the $200 Transfer Tax to BATFE​

•​

Wait for your paperwork to clear​

•​

Fill out a ATF Form 4473​

• Take your silencer home

 

[matefrio]

Read the law. Wolfwood has it right above. Silencers are illegal here in TX and you can be arrested and prosecuted for possessing one even with NFA paperwork.

 

[woolleyworm]

Read the law. Wolfwood has it right above. Silencers are illegal here in TX and you can be arrested and prosecuted for possessing one even with NFA paperwork.

I can read the law and am not trying to be a smart ass; just can't figure out how a store in Houston can sell them and I have seen plenty of them fired at shoots in Tx. I'm just confused on how this is, I'm not trying to contradict you. I'm also confused as to why the law references "actors"; there is much more to that portion of the law than just those few lines. Those few lines taken out of context can change alot.

I will make some calls tomorrow and get it straight from the horse's mouth.

Also, I posted up in another thread, but I'll quote it here for ya; just so that you can see that even Alan must be confused as shit on this too.....

If you don't have the tax stamp on it then yes, it is illegal.

You simply file the paperwork, pay your $200, and pick up the suppressor. ( how can you pick up a suppressor in TX if it is ILLEGAL ??? )

It's simply retarded that we have to deal with NFA paperwork on the suppressors. It's not like it makes the gun completely inaudible. Just one of those old laws that never was modernized for the sake of tax income and regulation.

You should be able to buy suppressors with any pistol at any store. All it does is save your hearing and cut down on the noise pollution for those not shooting. However, I'll save that for another thread.

(my text in red)

 

[matefrio]

This is the part that Texas1911 knows:


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.

So, registration paperwork is a defense but you can still be arrested and prosecuted for having a machine gun or silencer.

Goofy I know. Stupid law, I know. Not used much, I know. But to this guy it may be very relevant.

 

[woolleyworm]

This is the part that Texas1911 knows:


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.

So, registration paperwork is a defense but you can still be arrested and prosecuted for having a machine gun or silencer.

Goofy I know. Stupid law, I know. Not used much, I know. But to this guy it may be very relevant.

I agree. The report that it was homemade just means he's violated many more laws in regards to SOT requirements. I'm not a guy that interested in c3 stuff, so this is just really confusing.

Even at the last TGT shoot at Lonestar, it was advertised and pics were posted of suppressed guns. How can the range allow this if it's not legal?
Here's the reference that is confusing for me:

I'm bringing the following:

- GSG 1911 .22
- STI Edge .45
- Glock 17
- Glock 19 (Suppressed)
- Glock 34
- Ruger 10/22 (Suppressed)
- Mosin Nagant

Anyone is welcome to try them out.

I do understand that these are NOT homemade suppressors and that the tax has been paid on them, but what you're telling me is that technically, they're still illegal? This just reassures me that I want nothing to do with seeking any sort of firearms license; this is boggling my mind. I find all the gov't regulation hassle enough just for "legal" firearms, let alone all of this.

Thanks for the perspective and attempts at explaining this to me.

 

[TheDan]

This is one area that TX laws are pretty screwed up. The "defense to prosecution" is confusing as hell. Here's what it boils down to... A silencer/supressor is illegal. You can be arrested for it. If you have the appropreit NFA paperwork and present it to the court, then you won't be prosecuted. It doesn't matter if it's homemade or not.

It'll be interesting to see if this guy has a stamp for it...

 

[Wolfwood]

Read the law. Wolfwood has it right above. Silencers are illegal here in TX and you can be arrested and prosecuted for possessing one even with NFA paperwork.

one for Ripley's!!

 

[Bithabus]

I agree. The report that it was homemade just means he's violated many more laws in regards to SOT requirements. I'm not a guy that interested in c3 stuff, so this is just really confusing.

Even at the last TGT shoot at Lonestar, it was advertised and pics were posted of suppressed guns. How can the range allow this if it's not legal?
Here's the reference that is confusing for me:


I do understand that these are NOT homemade suppressors and that the tax has been paid on them, but what you're telling me is that technically, they're still illegal? This just reassures me that I want nothing to do with seeking any sort of firearms license; this is boggling my mind. I find all the gov't regulation hassle enough just for "legal" firearms, let alone all of this.

Thanks for the perspective and attempts at explaining this to me.

Technically, suppressors are illegal in Texas, under State law. However registration pursuant to NFA is a defense to prosecution. That means if you are arrested and charged and you raise a reasonable doubt that your suppressor is registered then the jury must acquit.

Practically, registered suppressors are legal. If you have a copy of your paperwork you'll be fine. You could be arrested, lawfully, however. Not all cops are firearms enthusiasts. This is why I keep my Title II items in my trunk when traveling. I've never heard of a person being actually charged with 46.05 for possession of a registered suppressor.

 

[SC-Texas]

Bithabus has stated it correctly.

You can be arrested, but proof of registration pursuant to the NFA would result in a Nolle or a directed verdict.

 

[matefrio]

They found a marijuana plant in the trunk and the focus is still the weapons.

More weapons found in building shutdown | KXAN.com

A hunting bow, knives, and a 9mm handgun were found in the car, according to the affidavit.

Suspect Rickey Lankford admitted to having the weapons and consented to a search, police said. That is when troopers found the additional weapons, as well as a marijuana plant, in the trunk.

http://www.statesman.com/blogs/cont...ng_closed_this.html?cxntfid=blogs_the_blotter

A trooper on patrol Tuesday morning around 1 a.m. noticed several items inside the vehicle, including a long blade and arrows, the affidavit said. Lankford approached soon after, and said it was his vehicle, the affidavit said.

During questioning, Lankford became pale and began sweating, falling backwards and hitting his head on a concrete divider, the affidavit said. He was taken to University Medical Center Brackenridge and released later into police custody, the affidavit said. He was booked into Travis County jail later that morning.