Re: Letting some one else shoot your suppressed weapon
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: fdkay</div><div class="ubbcode-body">In Texas, it is an offense to knowingly possess, manufacture, repair, sell or transport a suppressor.
It is a defense to prosecution that you have your NFA approval stamp.
It is NOT an affirmative defense, only a defense. So, legally, they could arrest you, charge you, seize your SBR or suppressor and take it all the way to court where you would have to convince a jury of 12 that it is not illegal to own one.</div></div>Not exactly. Graham's Rule #1 still applies.
First of all, there is no preemption issue in the Texas law. In Texas the defense is written into the statute - into the very same State law.
Second, it's a complete defense. You are always better off having a complete defense to something, and having it enumerated in the same law, than only an affirmative defense to a crime that you are otherwise guilty of.
Third, have a look at Section 46.05: It says that "(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." Therefore you won't get arrested, or charged. And if you do the prosecutor will drop the charges. That's why people all over Texas are NOT being arrested or charged or prosecuted.
Fourth, you won't ever have to convince a jury that it's legal to own one because that fact (the defense) is written into the law. Besides, assuming the defense is met, you will never see a jury. If you do then you will likely have a malicious prosecution claim.