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Can someone please chime in and explain this Sh*t to me

sbr nfa shortbarreled rifle

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#1 voonman

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Posted 15 September 2014 - 12:44 AM

Ok..so i was reading on the NFA guns thread on facebook and apparently it is illegal to own NFA items in the state of texas ..even if you have a NFA Tax Stamp..According to this gentlemans story http://www.kens5.com...06/27/10572466/ ..After he produced his NFA tax stamps to the off duty LEO he disregarded them and was still arrested..After doing a little digging in the Texas penal codes sec 46.05 ..It is correct Owning an NFA item in the state of texas is technically illegal ..but having your NFA Tax stamp gives you a defense to prosecution after you have been arrested and served a few weeks in Ass Rape town..

 

 

Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if the person 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) knuckles;

(6) armor-piercing ammunition;

(7) a chemical dispensing device;

(8) a zip gun; or

(9) a tire deflation device.

(cool.png 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.

© 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.


Edited by voonman, 15 September 2014 - 05:53 AM.


#2 Sim_Player

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Posted 15 September 2014 - 12:54 AM

You are guilty until proven innocent.

It's a new thing, kinda...

It's a little bit like writing a law that is'nt legal but, enforcing it, until it's proven illegal.

Get the courts involved and the term "Common Sense" needs a 5000 page brief to describe it.

Introduce "Moral Relativism" and every legal foundation has no ground.

Edited by Sim_Player, 15 September 2014 - 01:01 AM.

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#3 voonman

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Posted 15 September 2014 - 04:17 AM

Im sorry ..gonna have to get involved and see what can be done to make a change to this local law in texas..I have two attorneys lined up for tomorrow..

 

Also this makes no damn sense.. 

 

in penal code 46.05..(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......

 

Is this law stating that if the feds who are in possession of an SBR are pulled over by local Texas PD that they can be also arrested ?


Edited by voonman, 15 September 2014 - 04:28 AM.


#4 evlblkwpnz

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Posted 15 September 2014 - 06:54 AM

Scratch Texas off of the list of potential places to flee if Florida continues to go down hill.....


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#5 G O B

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Posted 15 September 2014 - 07:02 AM

I am headed to Texas as soon as I settle on the sale of this house in MD. - looks like I am heading into another fight!


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#6 YOT

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Posted 15 September 2014 - 07:16 AM

Johnboy.gif


"It isn't always being fast or even accurate that counts, it's being willing. I found out early that most men regardless of cause or need aren't willing. They blink an eye or draw a breath before they pull the trigger and I won't." - The Shootist (John Wayne)

 

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#7 Matthew Hopkins

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Posted 15 September 2014 - 07:50 AM

 

in penal code 46.05..(cool.png 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......

 

Is this law stating that if the feds who are in possession of an SBR are pulled over by local Texas PD that they can be also arrested ?

 

 

yeah, I'd like to see them arrest the entire  III CORPS  for having automatic weapons, that should be interesting to say the least



#8 voonman

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Posted 15 September 2014 - 01:59 PM

ok gentleman..just got off the phone with the NFA attorney http://archive.const...5561146411.html ..And everything is true and correct..You can get arrested from Any Texas PD who feels you are violating Texas penal code 46.05 and yes you will go through all the legal fees and possibly a few days to a week in prison depending in which county you are in at the time...After speaking with him and showing him Michael Mihalski case he was surpised that the arresting officer actually enforced the arrest after showing all NFA paper work..I also called the ATF and there response is on a federal level you are clear to go..but on a state level they have nothing to do with governing state laws and the NFA Tax Stamp does not protect you if the state has banned it as an illegal weapon you are shit out of luck...S000 Does this shit blow or what???



#9 YOT

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Posted 15 September 2014 - 02:57 PM

Looks about right from here.


"It isn't always being fast or even accurate that counts, it's being willing. I found out early that most men regardless of cause or need aren't willing. They blink an eye or draw a breath before they pull the trigger and I won't." - The Shootist (John Wayne)

 

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#10 Matthew Hopkins

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Posted 15 September 2014 - 04:21 PM

ok gentleman..just got off the phone with the NFA attorney http://archive.const...5561146411.html ..And everything is true and correct..You can get arrested from Any Texas PD who feels you are violating Texas penal code 46.05 and yes you will go through all the legal fees and possibly a few days to a week in prison depending in which county you are in at the time...After speaking with him and showing him Michael Mihalski case he was surpised that the arresting officer actually enforced the arrest after showing all NFA paper work..I also called the ATF and there response is on a federal level you are clear to go..but on a state level they have nothing to do with governing state laws and the NFA Tax Stamp does not protect you if the state has banned it as an illegal weapon you are shit out of luck...S000 Does this shit blow or what???

 

 

sounds just about as stupid as Ohio mag capacity law, there is no law against buying, selling, having or otherwise owning a magazine larger then 30 rounds. but loading it up and inserting into a semi-auto firearm all of a sudden that firearm becomes a MG in Ohio, cross the state line to  PA and  it reverts back to a semi-auto, neat trick, huh? except for .22 caliber for someone reason, that isn't affective.

 

now you go figure that one out, and I'll try to figure out the texas law, and well both have brain aneurysm


Edited by Matthew Hopkins, 15 September 2014 - 04:25 PM.


#11 poolingmyignorance

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Posted 15 September 2014 - 06:20 PM

Austin in a liberal cess pool in texas, that's all this is a bout. The arresting officers is a piece of shit for adding the weapons charge.


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#12 Mythos

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Posted 19 February 2015 - 11:46 PM

The important part of that law that's been omitted it part C:

 

" 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."

 

Basically that its not criminal if you've registered through the NFA.


Edited by Mythos, 19 February 2015 - 11:47 PM.

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#13 HB of CJ

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Posted 20 February 2015 - 06:18 PM

So basically this means that "part C" means that it IS LEGAL to own NFA stuff in Texas as long ... as you have NFA stuff ... like a tax stamp?  So, why was this guy arrested?  Did the arresting officer even know about part C?  Dunno.  FWIW, I thought that Texas NFA stuff was totally legal.  Just me.  HB of CJ (old coot)

 

Is part C part of the law?  If so, why is it sometimes omitted?  Dunno that either.  I do have personal experience with idiots not reading the last page.  Sometimes my feeble mind boggles why all laws do not end the written description with the words ... End of Text.



#14 JESS1344

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Posted 03 March 2015 - 09:32 PM

GUYS,

  THOUGH I DON'T HAVE ANY NFA ITEMS, THERE'S PLENTY IN TEXAS WHO DO.

 

  LEGALLY MAY I ADD, WITH ALL THE PROPER PAPERWORK.

 

 YOU HAVE TO GET YOUR COUNTY SHERIFF, OR OTHER LEGALLY AUTHORIZED OFFICIAL TO SIGN-OFF ON IT.

 

 JESS1344







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