Belt or shoulder holster was a requirement I thought...
Sorry, but no, that analogy doesn't work, because simply sitting in a car is not illegal and you don't need a license. But sitting with a gun exposed on your belt *is* illegal. And would remain so, even after this bill passes (except for those with a license). So -- how is the cop supposed to know you have a license?By that logic, driving is illegal so the act of driving a car is enough for police to stop and check your license.
Could you share where you got this information. Would like to read it.In other words, having an NFA item in your possession, registered or not, is a crime in Texas. You can be arrested for having you registered NFA item and it fits perfectly with the law.
Could you share where you got this information. Would like to read it.
Govern wisely and as little as possible~Sam Houston
I don't anticipate ever OCing. If I do, however, it will be a revolver that has been through this: Gun Safety Add-ons, Smart Guns, Magna-TriggerThe kind of thing that would really, really screw it up would be the worst-case scenario as described by Sen. Whitmire: for someone who openly carries to have their firearm snatched by a bad guy who then goes on to do something very bad with it.
ThanksTexas Penal code 46.05
Thanks
Govern wisely and as little as possible~Sam Houston
In section C it states;
(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.
The way I read it, there's a defense from prosecution as long as it is registered pursuant to the NFA rules. I might be mistaken.
Govern wisely and as little as possible~Sam Houston
Actually you can be prosecuted. It could go all the way to trial. All the state would have to do is prove that you were in possession of an NFA item. Your defense team would then have to provide evidence that your possession was pursuant to the NFA.That's exactly correct, but it's still illegal.
The way the law is written, the process would be perfectly acceptable to be arrested, wait for court date, present papers, not be prosecuted.
This also means that being in possession give LE whatever reason they might need to come question you, ask for ID, arrest, etc because you are actually committing a crime. Although it's one you can't be prosecuted for if its registered and you present the paperwork in court.
Different from CHL because instead of having a "defense to prosecution", 46.15 says 46.02 doesn't apply to a CHL holder. So there is a way to carry a handgun without actually breaking the law, the same doesn't apply to NFA possession.
The courts have ruled that stops just to check for a Driver License are not legal.The NFA analogy doesn't work because in Texas it is illegal to own NFA items even if it is registered. Totally different from carrying a handgun.
I didn't say sitting in a car. I said driving a car, which is illegal, unless you have a license, just like carrying a gun.
I've been seriously thinking about carrying my S&W snub nose in my ankle holster while wearing shorts! Whadda' y'all think?
(just the sight of me wearin' shorts is enough to make people run)
The courts have ruled that stops just to check for a Driver License are not legal.
Actually you can be prosecuted. It could go all the way to trial. All the state would have to do is prove that you were in possession of an NFA item. Your defense team would then have to provide evidence that your possession was pursuant to the NFA.
The reality is that it doesn't get that far.