Texas-Book-Gun Law Armed And Educated - Flipbook - Page 477
G. What documents should I have with me when I am in actual
possession of my suppressor, short-barreled firearm, or other
NFA item?
If you have an NFA item, it is a good idea to have the proper
documentation with you to prove that you legally possess the item.
Texas law states it is a crime to be in possession of an unregistered
NFA item (except a legal suppressor/silencer), which means the
police officer will need reasonable suspicion of your failure to
register in order to detain you to determine the status of your item.
Reasonable suspicion is a very low standard to meet. While Texas
law regarding suppressor possession changed in 2021, federal law
still requires suppressors (and all other NFA items) to be registered
under the NFA. As previously discussed in this Chapter, federal law
generally trumps state law. While Texas law enforcement officers
may not enforce the federal law regarding NFA registration of
“Made in Texas” suppressors, our friends at the ATF will continue
to prosecute anyone who is in possession of an unregistered
suppressor or silencer. Therefore, those who do not wish to become
a “test case” for the new Texas suppressor law should continue to
register their suppressors or silencers with the ATF.
It is good advice that if you are in possession of your suppressor,
short-barreled firearm, destructive device, or, if you are lucky
enough, your machine gun—have your paperwork showing you are
legal, or it may be a long day with law enforcement. To show you
are legal, always keep a copy of your ATF Form 4 or Form 1 (as
applicable) with the tax stamp affixed for every NFA item in your
possession, personal identification, and if the item is held in a trust
or corporation, a copy of the trust or articles of incorporation, along
with the authorization for your possession. Care should be given to
make sure these documents name the individual so as to show legal
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