Texas-Book-Gun Law Armed And Educated - Flipbook - Page 478
ownership, i.e., trust and/or amendments showing the person is a
co-trustee or an officer of the corporation.
Practically, individuals should not carry around the original
documents, as they could be destroyed by wear and tear, rain,
or be misplaced, effectively destroying the required evidence of
compliance. Photocopies of the stamp and any other pertinent
documents are generally enough to satisfy inquisitive law
enforcement officials. The more technologically advanced may take
pictures on their phone or other mobile device, or even upload them
to a cloud database. Keep in mind that if the phone dies or the cloud
cannot be reached, and you have no way to access the documents,
your proof is gone and you may have a very bad day ahead of you!
We recommend keeping photocopies of the ATF Form with the tax
stamp affixed and appropriate documents with the NFA weapon to
avoid any problems with technology.
H. Is the paperwork necessary?
According to Texas Penal Code Section 46.05, explosive weapons,
machine guns, and short-barreled firearms are illegal to possess
without the item being registered. Until 2021, firearm silencers
were also included in the list of items requiring NFA registration
for lawful possession. As previously mentioned, if a suppressor or
silencer meets the requirements of the “Made in Texas” suppressor
law, state law does not require NFA registration for these items.
However, if after September 1, 2021, a person is caught with an
unregistered suppressor or silencer that does not comply with the
“Made in Texas” law, even though it may no longer be listed as an
offense in the Texas Penal Code, local law enforcement would likely
report that person to federal authorities. Again, federal agents will
continue to enforce federal laws and likely prosecute folks who try
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