Texas-Book-Gun Law Armed And Educated - Flipbook - Page 438
Possession of these weapons and devices remains prohibited unless
the weapon is registered “in the National Firearms Registration
and Transfer Record maintained by the Bureau of Alcohol,
Tobacco, Firearms and Explosives or classified as a curio or relic
by the United States Department of Justice.” See Tex. Penal Code
§ 46.05(a).
In 2021, the Texas Legislature passed a law which legalized the
possession of “Texas-made suppressors.” The law itself is discussed
in further detail later in Chapter 18. However, interestingly, the
change in the law also removed “firearm silencers” of any type
from the list of prohibited weapons in Texas Penal Code Section
46.05. This does not mean that an individual will not be arrested if
in possession of a silencer that is not registered with the NFA. The
Supremacy Clause, Article VI, Paragraph 2 of the U.S. Constitution,
makes it clear that if federal law and state law are in conflict with
each other, then federal law generally prevails. This means that
under federal law, a firearm silencer is required to be registered with
the NFA and a tax be paid. See 26 U.S.C. § 5861. But how does this
work in reality? If an individual is in possession of an unregistered
silencer and encounters a Texas law enforcement officer, that
individual cannot be arrested for possessing the silencer by the
Texas law enforcement officer under state law. However, Texas
law enforcement may contact the ATF, who will investigate the
potential violation under federal law. Bottom line: if an individual
wants to legally possess a firearm silencer or suppressor, they need
to apply for a tax stamp. See Chapter 18 for discussion on applying
for a tax stamp.
D. Defense for members of the military or law enforcement
Under Texas Penal Code Section 46.05(b), persons who are
members of the armed forces or national guard, a governmental
Beyond Firearms: Knives, Clubs, And Tasers | 427
