Silencers are legal!

[Carry-a-Kimber]

Speaking of silencers, this was in the Chronicle today. Says they are legal.

http://blog.chron.com/ultimatetexans/20 ... n-twitter/" onclick="window.open(this.href);return false;

Do they mean a Barrett 50 cal sniper rifle?

The Chronical is wrong.

[Longshot38]

did i miss somthing?silencers have been legal in texas for quite a while?

Not since 1934 they haven't. The federal $200 tax stamp is a defense to prosecution, but silencers/suppressors are illegal in Texas.

Who told you that lie!?!? Suppressors are and have been perfectly legal here.

Um, the Texas Penal Code says that "firearm silencers" are illegal. Or does the Penal code lie?

Carry-a-Kimber is correct. Relevant bit of code (46.05) here, with a link to the actual code:
viewtopic.php?f=23&t=53211&p=657561#p657561

Yes and no. As with most things in the legal code just taking on line of it does not provide a clear picture of the law. One part of it says no while other parts of it say yes. Get confusing doesn't it? So when you take the law as a whole into account then it is like this. It IS illegal for Average Joe to go out back to and produce and then own a suppressor. However it IS NOT illegal for Average Joe to either:

a) purchase a suppressor from a properly licensed manufacturer and then transfer to him/her self via NFA dealer.

b) file proper paperwork with ATF and build his/her own suppressor.

c) and now to hunt with a suppressor.

Thus for those of ya'll that think a simple line in the Texas penal code is enough to validate this conclusion I suggestion rethinking the argument and considering the law as a whole. If this suppressors were illegal in this state then the state would have shut down all the class 3 dealers we have.

[Carry-a-Kimber]

In the state of Texas it is illegal to own a suppressor; having a NFA tax stamp and a Federally legal suppressor is a legal defense to prosecution. You can be arrested in Texas for having a federally legal suppresor but you can not be charged.

[Carry-a-Kimber]

ON TOPIC: If I were off on the 28th I would make the drive for the shoot. Maybe one will come to the Houston area some time.

[Beiruty]

It is good idea to have a silencer on any 0.5" rifles, including this on:

[srothstein]

In the state of Texas it is illegal to own a suppressor; having a NFA tax stamp and a Federally legal suppressor is a legal defense to prosecution. You can be arrested in Texas for having a federally legal suppresor but you can not be charged.

Minor technical correction. A defense truly only applies at trial. You can be arrested, charged, and tried for the offense of having a silencer. You will be required to introduce evidence of the defense. You might even still be convicted of the offense. Here is what the Penal Code says about defenses:

Sec. 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.

Note that the court shall charge the jury with acquitting if the defense proves enough to raise a reasonable doubt. Doubt is a fact determined by the jury. It is possible that the jury would still convict. I believe that an appeal would win or that the judge would overrule the jury, but the way the law is written you can definitely be charged and tried, just like claiming self-defense as a defense in a shooting.

[alvins]

well my lawyer specialises in gun laws and he said silencers are perfectly legal if you go through all the stamp tax stuff.

also why have i not had any issues buying one through any class 3 dealer if its illegal?

and besides why does texas lead any other state by a far margin in surpressor sales if there so illegal?and dont tell me the police and millitary go through the atf and pays the stamp tax.lol how many police have you seen shooting a surpressed weapon?

carry a kimber you need to read more.

[Carry-a-Kimber]

well my lawyer specialises in gun laws and he said silencers are perfectly legal if you go through all the stamp tax stuff.

also why have i not had any issues buying one through any class 3 dealer if its illegal?

and besides why does texas lead any other state by a far margin in surpressor sales if there so illegal?and dont tell me the police and millitary go through the atf and pays the stamp tax.lol how many police have you seen shooting a surpressed weapon?

carry a kimber you need to read more.

I own NFA items as well and own them legally. Nonetheless; Texas Penal Code 46.05 clearly states that they are illegal to own.
Neither the US military nor police are civilians.
If you are pulled over in Texas and have a suppressor, the officer CAN arrest you for possession of an illegal weapon. You CAN be booked and charged with possession of an illegal weapon. You CAN go to trail for possession of an illegal weapon. You CAN use your NFA paperwork as a defense to prosecution. You CAN be found guilty of possession of an illegal by a jury of your peers . The judge WILL overturn the ruling of the jury based on your defense to prosecution.

The horse is dead, long live the horse.

[SRH78]

I own NFA items as well and own them legally. Nonetheless; Texas Penal Code 46.05 clearly states that they are illegal to own.

Would you please make up your mind?

[74novaman]

and dont tell me the police and millitary go through the atf and pays the stamp tax.lol how many police have you seen shooting a surpressed weapon?

carry a kimber you need to read more.

Like most things the govt does, govt entities are specifically exempted having to pay federal taxes (so no $200 for them to get a suppressor or machine gun), can register new machine guns built after the 86 cut off date for us mere civilians, etc... Maybe if you'd read some more you'd know that.

[rm9792]

Seems if they were truly illegal then the police chief wouldnt sign off on the form.

"Having a silencer, as long as the gun is registered and the owner has the proper paperwork, is permitted in a majority of states, including two (Texas and North Carolina) where Williams has lived."
Hmmmm, the Chronicle wrong......can't be......