Carrying without CHL

[matefrio]

Maybe you could enlighten us?

For one NFA items are illegal in TX. Having the correct paperwork is a defense of prosecution in TX. Makes a big difference.

 

[ZX9RCAM]

For one NFA items are illegal in TX. Having the correct paperwork is a defense of prosecution in TX. Makes a big difference.

???

 

[matefrio]

???

Above states " NFA weapons are also only subject to Federal restrictions; no State regulations exist."

Here is the Texas Law on Prohibited Weapons and note that NFA items are included under TX law as prohibited.
Texas Penal Code - Section 46.05. Prohibited Weapons



§ 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.
(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.

Look under burden of proof for more detail why "a defense to prosecution" it makes a difference: http://www.statutes.legis.state.tx.us/SOTWDocs/PE/htm/PE.2.htm

 

[MR Redneck]

(7) armor-piercing ammunition

This one makes no sence to me. Almost all rifle ammo will pierce armor!
45acp probably wont, but getting shot by that with a vest on would surly suck!! Be like getting hit with a wrecking ball.

 

[ZX9RCAM]

To Matefrio...Sorry but I must be an idiot....are you stating silencers, full auto, short barrels, etc. are illegal in Texas no matter what?
Am I totally mis-understanding your post?

 

[matefrio]

Armor-percing rounds are designed with "penetrators" made from things like hardened steel, tungsten or even depleted uranium.

 

[matefrio]

To Matefrio...Sorry but I must be an idiot....are you stating silencers, full auto, short barrels, etc. are illegal in Texas no matter what?
Am I totally mis-understanding your post?

I'm not a lawyer but the way I understand it: Yes, machine gun, a short-barrel firearm and a firearm silencer, are prohibited (illegal) in Texas. If you are arrested though you can defend yourself with the correct NFA paperwork.

I may be totaly wrong but here's how I look at it.
In football it would be like you being on the defense and the prosecutor has the ball. The NFA paperwork makes the offense (prosecutor) drop the ball, normally ending the play. It's when abnormal plays and circumstances come around though that make things interesting. Also a bad prosecutor may want to hold the ball longer than what is reasonable. In this scenario you are playing on their field, amateur vs. pro unless you hire a lawyer.

Better would be an EXCEPTION or for the law to state : "It is an exception to the application of . . . ." then the ball is in hands, on your field.

As the law is written you may get taken to jail while shooting a machine gun even if you possess the paperwork on your person. Then the prosecutor will decide to drop charges or be a pain in the a$$.

 

[ZX9RCAM]

I'm not a lawyer but the way I understand it: Yes, machine gun, a short-barrel firearm and a firearm silencer, are prohibited (illegal) in Texas. If you are arrested though you can defend yourself with the correct NFA paperwork.

I may be totaly wrong but here's how I look at it.
In football it would be like you being on the defense and the prosecutor has the ball. The NFA paperwork makes the offense (prosecutor) drop the ball, normally ending the play. It's when abnormal plays and circumstances come around though that make things interesting. In this scenario you are playing on their field, amateur vs. pro unless you hire a lawyer.

Better would be an EXCEPTION or for the law to state : "It is an exception to the application of . . . ." then the ball is in hands, on your field.

Thanks for clearing your statement up for me (I think, lol).
I wish somebody with experience would chime in....by your way of thinking (correct me if I am wrong), if one is caught with one of the above mentioned items mentioned, they would
be arrested regardless of the fact they had a trust set up & sent off for & received the proper tax stamp & had it in their possession at that time.

This goes against all I thought I knew.

 

[matefrio]

Thanks for clearing your statement up for me (I think, lol).
I wish somebody with experience would chime in....by your way of thinking (correct me if I am wrong), if one is caught with one of the above mentioned items mentioned, they would
be arrested regardless of the fact they had a trust set up & sent off for & received the proper tax stamp & had it in their possession at that time.

This goes against all I thought I knew.

Police have discretion (power of free decision or latitude of choice within certain legal bounds) and if they see you have the correct paperwork most likely will leave everything alone.

Look at it this way. You have an expired vehicle registration and you say you have it at home just haven't put it on. They can give you a ticket, that you can defend once correct registration is proven in court, or they can let you go with a warning to get it put on ASAP. Court fees aren't fun though and can be as punitive as the ticket itself. That's why NFA folks are fighting to change the TX laws.

 

[MR Redneck]

Police have discretion (power of free decision or latitude of choice within certain legal bounds) and if they see you have the correct paperwork most likely will leave everything alone.

Look at it this way. You have an expired vehicle registration and you say you have it at home just haven't put it on. They can give you a ticket, that you can defend once correct registration is proven in court, or they can let you go with a warning to get it put on ASAP. Court fees aren't fun though and can be as punitive as the ticket itself. That's why NFA folks are fighting to change the TX laws.

Is it just me or does anyone else think Texas Law Makers have been screwing up. It seems like my whole life, everything good about Texas has been constantly getting chisled away!!

 

[matefrio]

Is it just me or does anyone else think Texas Law Makers have been screwing up. It seems like my whole life, everything good about Texas has been constantly getting chisled away!!

I don't know how old you are but most of these laws were written before I was born or moved back to TX.

 

[Bithabus]

(7) armor-piercing ammunition

This one makes no sence to me. Almost all rifle ammo will pierce armor!
45acp probably wont, but getting shot by that with a vest on would surly suck!! Be like getting hit with a wrecking ball.

Only armor piercing handgun ammunition is illegal.

 

[Bithabus]

Thanks for clearing your statement up for me (I think, lol).
I wish somebody with experience would chime in....by your way of thinking (correct me if I am wrong), if one is caught with one of the above mentioned items mentioned, they would
be arrested regardless of the fact they had a trust set up & sent off for & received the proper tax stamp & had it in their possession at that time.

This goes against all I thought I knew.

You could be arrested for possessing an NFA item, even with the proper tax stamp and paperwork, but it's unlikely that you would be. As a defense you are entitled to present your tax stamp paperwork, and the jury must acquit if you have created a reasonable doubt that the paperwork is legit and in your possession before you were arrested.

 

[Bithabus]

WOW! At least 60% of that is incorrect. Where did you find that?

Hahaha... I don't even understand what he is replying to.

 

[ZX9RCAM]

You could be arrested for possessing an NFA item, even with the proper tax stamp and paperwork, but it's unlikely that you would be. As a defense you are entitled to present your tax stamp paperwork, and the jury must acquit if you have demonstrated beyond a reasonable doubt that the paperwork is legit and in your possession before you were arrested.

This is all well & good, but how many $$$$ would one need to spend to get acquited, lol.
Seems if it would be required to be acquitted, one should be able to sue for fees & costs.....wishful thinking I know.

 

[Bithabus]

This is all well & good, but how many $$$$ would one need to spend to get acquited, lol.
Seems if it would be required to be acquitted, one should be able to sue for fees & costs.....wishful thinking I know.

They also must acquit if the prosecution fails to prove guilt beyond a reasonable doubt.

I've never heard of someone with paperwork being arrested for this, but it certainly could have happened. Maybe someone more knowledgeable will post a case. In any matter, I think the defense against prosecution needs to be changed to an exception.

 

[MR Redneck]

Only armor piercing handgun ammunition is illegal.

I aint never tried it, but I would think 45 acp FMJ would.

 

[matefrio]

Only armor piercing handgun ammunition is illegal.

Incorrect. It doesn't specify handgun or rifle. Armor piercing ammo has a hardened penetrating core made to pierce armor.

If you go to a range shooting good steel stopping all the rounds and you fire some and it'll be the only stuff to make it though the steel and the owners will yell at ya.

 

[Bithabus]

Incorrect. It doesn't specify handgun or rifle. Armor piercing ammo has a hardened penetrating core made to pierce armor.

If you go to a range shooting good steel stopping all the rounds and you fire some and it'll be the only stuff to make it though the steel and the owners will yell at ya.

PC 46.01
(12) "Armor-piercing ammunition" means handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used principally in pistols and revolvers.

 

[matefrio]

PC 46.01
(12) "Armor-piercing ammunition" means handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used principally in pistols and revolvers.

I stand corrected.