CHL and Silencer

Coondog

New Member
Oct 19, 2008
14
1
I live in texas. I currently am waiting on my CHL to come back. My question is this. If go throught the rigorous cycle to get a silencer and i have my CHL liscense and all the paperwork for everything can i carry my handgun with the silencer intact? Say this is the only weapon i am carrying and i get pulled over for trailer lights not working. The officer comes to my door and asks for registration insurance liscense, etc. I give him all of it plus my chl and tax stamp liscense thingy for the silencer. he asks to see the weapon and i pull it out. it has the silencer intact, locked and cocked. what happens from here? am i in troiuble, or does he not care, or does he say nice setup or what? i want to buy the silencer, but niot if its illegal to carry. i want to be able to transport it and use it on predators and snakes and wha tnot, on private property of my own of course.
 

JKTex

Well-Known
Mar 11, 2008
2,018
38
DFW, North Texas
It's a legal question.

If you're legal buying and owning it, it's not illegal right? Or is it? If you've gone through the "rigorous cycle" to get it, by then you ought to know if it's legal to carry.

Personally, I can't see one on a carry weapon and trying to conceal it. But I may not understand size and feasibility to carry either. I can't imagine a concealable holster that will accommodate it either.

It almost sounds like the dual purpose you need, isn't really something you can do easily with 1 gun. It's like needing a family car that'll seat 8 and have cargo room and entertainment for the kids (minivan) that will run 3.9 sec 317 MPH top fuel. You might be able to do it, but it won't be real feasible.
 

txinvestigator

TGT Addict
May 28, 2008
14,119
113
Ft Worth, TX
Possession of a silencer under the NFA is a defense to prosecution in Texas. A defense to prosecution is for use at trial. It means a Peace Officer could arrest you for possession of the silencer. You would likely have the case dismissed before trial, but worst case is a not guilty verdict of you present your defense.

A defense to prosecution is NOT a defense from prosecution.

Texas Penal Code
§ 46.01. DEFINITIONS. In this chapter:

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


§ 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.


§ 2.03. DEFENSE. (a) A defense to prosecution for an
offense in this code is so labeled by the phrase: "It is a defense
to prosecution . . . ."
(b) The prosecuting attorney is not required to negate the
existence of a defense in the accusation charging commission of the
offense.
(c) The issue of the existence of a defense is not submitted
to the jury unless evidence is admitted supporting the defense.
(d) If the issue of the existence of a defense is submitted
to the jury, the court shall charge that a reasonable doubt on the
issue requires that the defendant be acquitted.
(e) A ground of defense in a penal law that is not plainly
labeled in accordance with this chapter has the procedural and
evidentiary consequences of a defense.

It would not be worth the potential hassle to me. YMMV
 

kingofwylietx

Well-Known
Feb 29, 2008
1,424
36
DFW area.....Wylie.
Suppressors are not typically part of the firearms barrel (though there are models where they are integrated). If you wish to use it on your property, you may be better off attaching it when you intend to use it. Most have a 3-lug or threaded attachment point, they are not cumbersome. For concealed carry, I would not keep it attached. When leaving for, or arriving at a place I wanted to use it.....I would then attach it.

Policemen are not lawyers or judges. If they feel you are in breach of the law, they may arrest you. The fact you have defense to prosecution is not necessarily going to keep you out of jail.
 

Coondog

New Member
Oct 19, 2008
14
1
ok first of all to jk tex, i am not trying to keep this thing strapped to my hip at all times. i guess i could have said that i have it in the vehicle with me, the can attached to the pistol, concealed, say under the center console, out of sight. does this change your point of view?

and to txinvestigator: i dont think i understand this penal code you have posted. it seems to contradict other ( what i thought were) laws. it is legal to own a silencer in the state of texas i thought. Or at least that is what i read on the ATF website thingy. i think what your are saying is that i can still be arrested for it regardless my taxed and approved ownership of a silencer. and that it would probably be dismissed before court. Am i reading correctly?

And to king of wylietx and to all i guess: the most this would be transported would be off of private property onto a public roadway for possibly 20 miles, through a town of less than 1000 ppl, maybe ten more miles at most onto more private property about 2 to 3 times a day. i do no tplan to go to dallas or houston or something and run stoplights and jaywalk down mainstreet. i guess i could have explained myself a bit better huh. does this change the idea i have in mind a bit better? just looking for responsible answers. thanks for your input!!!
 

Texas1911

TGT Addict
May 29, 2017
10,623
38
Austin, TX
and to txinvestigator: dont think i understand this penal code you have posted. it seems to contradict other ( what i thought were) laws. it is legal to own a silencer in the state of texas i thought. Or at least that is what i read on the ATF website thingy. i think what your are saying is that i can still be arrested for it regardless my taxed and approved ownership of a silencer. and that it would probably be dismissed before court. Am i reading correctly?
The law states it is illegal to own unless you are confining to the NFA regulations. The tax stamp and legal pathway is what defines it as legal.

I would not want to ever be caught with a suppressor on my person or in my vehicle in relation to a self-defense shooting. Imagine the image the jury would have, and how easily a prosecutor could paint you as some kind of wanna-be hitman.
 

txinvestigator

TGT Addict
May 28, 2008
14,119
113
Ft Worth, TX
The law states it is illegal to own unless you are confining to the NFA regulations. The tax stamp and legal pathway is what defines it as legal.

.

Pretty much. The law makes possession a crime. If your possession is in line with the NFA, then you have a defense to prosecution. That means you could still be arrested and charged with possession, and would have to prove your possession was pursuant to the NFA.

If the law read, "it is an exception to the application of this section if the possession was pursuant to the NFA", then an arrest would not be possible of the paperwork was available for the officer.
 

juwaba98

Well-Known
May 9, 2008
1,725
36
North Zulch, TX
Basically yes, it is legal to own, possess, carry in your vehicle and anything else you may want to do with it within the confines of the law. But yes you could possibly be arrested if you are just going from place to place as part of a daily routine. If you are going from your home to place of use ONLY, accompanied by the proper paperwork then the officer would likely look more favorably upon the situation. However if you pull out of a convenience store and then get pulled over you will have a harder time. This is all assuming the officer knows the law. If he doesn't then all your paperwork is worthless until your court date.

There is an old saying that goes, "You may beat the rap, but you won't beat the ride."

Think about that. You are subject to arrest at anytime for anything. That arrest may be unlawful and unjust, but it is the COURT that decides that. Not you, the officer or any paperwork you may have to prove you're right.

Hell, When I was quite a bit younger I got pulled over in a small town here in our great state and recieved a citation with 3 offenses listed.

1) Driving under the influence
2) Minor in Possession
3) Minor in Consumption

The third one doesn't even exist (or at least didn't then). But I was cited for it and could do nothing about it until my day in court. Not exactly the same but the issuing officer swore up and down it was a real charge even before the judge who threw #'s 2 and 3 out in court.

Just because you know the law and people on the internet say it's legal doesn't mean the officer who might pull you over will have a clue. A large part of our society think suppressors (silencers), fully automatics and SBR's are all illegal. Our citizens, neighbors and friends make up our law enforcement. They try their best to know the applicable laws but they are going to be the most knowledgeable about the area of the law they deal with the most. For your average patrolman this will be traffic laws. Some may not even know that the NFA laws exist.

This is in no way an attempt to look down on law enforcement or to belittle them at all. LEO's that may read this please do not take offense to anything I've said as none was intended. I am one of the few left that truly have respect for you and what you do like most members of this board.

To the OP.......... Short answer..... Yes you can, but I definitley wouldn't advise it as I would not want to think of the cost to try and get myself proven innocent. Make no mistake if you do get arrested you will have to pay serious money to fight it and if you win (as you should) you will still be out of that money. No one is going to reimburse you unless you also file a civil suit which means you would have to convince a jury of your peers (who probably will have horrible misconceptions) of the wrong that was done to you.

Sorry for getting so long winded. Just my



Edited to add: Seek advice from a lawyer before making a decision.
 

kingofwylietx

Well-Known
Feb 29, 2008
1,424
36
DFW area.....Wylie.
ok first of all to jk tex, i am not trying to keep this thing strapped to my hip at all times. i guess i could have said that i have it in the vehicle with me, the can attached to the pistol, concealed, say under the center console, out of sight. does this change your point of view?

and to txinvestigator: i dont think i understand this penal code you have posted. it seems to contradict other ( what i thought were) laws. it is legal to own a silencer in the state of texas i thought. Or at least that is what i read on the ATF website thingy. i think what your are saying is that i can still be arrested for it regardless my taxed and approved ownership of a silencer. and that it would probably be dismissed before court. Am i reading correctly?

And to king of wylietx and to all i guess: the most this would be transported would be off of private property onto a public roadway for possibly 20 miles, through a town of less than 1000 ppl, maybe ten more miles at most onto more private property about 2 to 3 times a day. i do no tplan to go to dallas or houston or something and run stoplights and jaywalk down mainstreet. i guess i could have explained myself a bit better huh. does this change the idea i have in mind a bit better? just looking for responsible answers. thanks for your input!!!
I have to say that when I read your original post, I thought you planned to walk around with a suppressed pistol as your normal concealed carry weapon. Everyone else probably thought the same.

Suppressors are fun, because you can shoot without hearing protection or disturbing anyone. They also tame some of the recoil.

It sounds like the general concensus is that, though they are legal, you should probably only transport it at the times you intend to use it. It may be convenient to keep it in your vehicle, but it may open you up to situations that are less than desireable if you happen to get pulled over. I don't know many, but the guys I do know that own suppressors....keep them stored in their safes until they intend to use them.
 

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