Man charged with possession of homemade silencer

[TheDan]

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

Duuuude.... weed ain't no big deal. Guns are scary!

 

[Texas1911]

That guy is so fucked, LOL.

 

[Wolfwood]

That guy is so fucked, LOL.

anally.

 

[ii]

Assuming this guy is really innocent and in fact has the NFA documents for the suppressor and can produce it at trial and the prosecutor decides to pursue a Nolle prosequi or the judge orders a directed verdict and the charge is dismissed will he be albe to do the following and what it the likelihood of success for the plantiff (Assuming he has a superstar attorney with the skill to pull it off):

Can he sue the police officer (DPS agency) for false arrest?
Can he sue the Travis County Jail for false imprisonment?
Can he sue the news agency who published the story for obvious libel, slander, and defamation?

Does anyone think the above government entities and private organization would settle out of court with $ if the guy had a case to spare embarrassment/cost of a trial?

He is a fool for talking to police. This video is priceless ‪Dont Talk to Police‬‏ - YouTube

 

[lorendhenry]

??? was it really a suppressor or a fake barrel extension. who knows how many have said that a ar15 is a machine gun! Just saying

 

[jgalvanatx]

If he had drugs and guns, he is screwed. They don't mix so well in the eyes of the law. I tend to agree. Even your travel/car carry rights get tossed out when you break other laws.

 

[Bithabus]

Assuming this guy is really innocent and in fact has the NFA documents for the suppressor and can produce it at trial and the prosecutor decides to pursue a Nolle prosequi or the judge orders a directed verdict and the charge is dismissed will he be albe to do the following and what it the likelihood of success for the plantiff (Assuming he has a superstar attorney with the skill to pull it off):

Can he sue the police officer (DPS agency) for false arrest?
Can he sue the Travis County Jail for false imprisonment?
Can he sue the news agency who published the story for obvious libel, slander, and defamation?

Does anyone think the above government entities and private organization would settle out of court with $ if the guy had a case to spare embarrassment/cost of a trial?

He is a fool for talking to police. This video is priceless ‪Dont Talk to Police‬‏ - YouTube

Registration pursuant to NFA is a defense not an exception

 

[SFR292]

This makes me think I should dispose of my Title II toys before I move to Texas.

 

[Bithabus]

This makes me think I should dispose of my Title II toys before I move to Texas.

Why? See posts 18 and 19

 

[Renegade]

This makes me think I should dispose of my Title II toys before I move to Texas.

Good idea. Please post them for sale on this forum.

 

[Texas1911]

Good idea. Please post them for sale on this forum.

+1

 

[Texas1911]

Registration pursuant to NFA is a defense not an exception

Something I want to fix.

 

[zembonez]

Looks like this guy was asking for it on several fronts. If you ask for it, you just might get it.

 

[jtriron]

The woman news reporter is HOT.

 

[EODbusch]

PC §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.
(b) It is a defense to prosecution under this section that the actor's
conduct was incidental to the performance of official duty by the armed
forces or national guard, a governmental law enforcement agency, or a
correctional facility.
(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.
(d) It is an affirmative defense to prosecution under this section that
the actor's conduct:
(1) was incidental to dealing with a switchblade knife, springblade
knife, or short-barrel firearm solely as an antique or curio; or
(2) was incidental to dealing with armor-piercing ammunition
solely for the purpose of making the ammunition available to an organization,
agency, or institution listed in Subsection (b).
(e) An offense under this section is a felony of the third degree
unless it is committed under Subsection (a)(5) or (a)(6), in which
event, it is a Class A misdemeanor.

If I'm reading that correctly, its perfectly legal if you follow NFA requirements to own one.

 

[medalguy]

IF--and a big IF-- this guy's silencer turns out to be registered, he will beat the charge of possession, however he will NOT be able to file any kind of suit against the officers BECAUSE UNDER TEXAS LAW POSSESSION IS ILLEGAL! Registration is a defense against prosecution. What part of that doesn't register?

No one said the law has to make any sense at all. Lots of laws don't, and this is a shining example of a stupid law that makes absolutely no sense, but it is what it is.

 

[Acera]

Why did he give them permission to search his car if he knew he had illegal stuff in there???

If they had probable cause, they would not have needed to ask. Right???

 

[matefrio]

Posted to the wrong thread.. Move along..