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Suppressors and police game warden check

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    #16
    I made copies of the stamp and have one in my truck and both sons trucks as they are a part of the trust that owns the suppressors but have never been asked to show it.

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      #17
      I need to make an electronic file of mine and put it on Dropbox. When mine come out of the safe, currently my binder with all of the stamps come with them. I never think about scanning them until it's time to go. I think I'll put that on my list of things to do tomorrow.

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        #18
        Originally posted by Mike D View Post
        I would need to look at state law but the ATF only mentions that proof of registration must be shown to an ATF officer. It does not mention anyone else.


        Yes. The approved application received from ATF serves as evidence of registration of the NFA firearm. This document must be made available upon request of any ATF officer. It is suggested that a photocopy of the approved application be carried by the possessor when the weapon is being transported. [26 U.S.C. 5841(e); 27 CFR 479.101]


        Since 46.05(c) was repealed in 2015 which was defense to prosecution “silencers” are legal in Texas (assuming they are properly registered in the NFA records or classified as a curio or relic) the defense to prosecution is no longer needed.

        I don’t see anywhere that it states you must provide proof of registration to any Texas Law Enforcement official.

        Sent from my iPhone using Tapatalk Pro
        Dual sovereignty.

        Federal and state laws are separate and have equal authority.

        Federal laws such as you cited, deal with federal requirements and generally, federal agents. So yes, the US Code requires you to show it to ATF.

        However......

        Texas law (PC 46.05 (a)(B) and (C) and (6)) says that a SBR, silencer, machine gun, etc., are prohibited unless it complies with federal law. Unless you can prove you are legal, it is a crime.

        To comply with federal law you have to show the federal agent and to comply with state law you have to show any officer.

        So you are correct, you don’t violate federal law if you don’t show a local officer but you violate state law if you can’t prove the device is legal through ATF.

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          #19
          Make small copies and carry in you wallet like a credit card. I have mine laminated. If needed just zoom in with phone to read

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            #20
            All that being said, you might be leagal, and have everything you need to defend yourself against prosecution; but still find that one guy that hauls you down. Especially if you're that guy with a chip on his shoulder.

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              #21
              Originally posted by ttugrad08 View Post
              never asked for paperwork

              i do keep pics of stamps on phone just in case
              ^^^^^this!!!^^^^^

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                #22
                Dang. Here I was thinking the burden of proof is on the Officer to prove something was illegal... All, the while, it sounds like the burden of proof is on me to prove something is legal. Seems backwards to me...

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                  #23
                  Originally posted by SB09 View Post
                  Dang. Here I was thinking the burden of proof is on the Officer to prove something was illegal... All, the while, it sounds like the burden of proof is on me to prove something is legal. Seems backwards to me...
                  It’s not backwards at all. If you get pulled over an officer will ask you to show your drivers license and proof of insurance.

                  Displaying identification that you are legally carrying is how the officer proves it.

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                    #24
                    Originally posted by glen View Post
                    Make small copies and carry in you wallet like a credit card. I have mine laminated. If needed just zoom in with phone to read
                    This is what I did. Always have a copy no matter who's truck I'm in or lack of cell services.

                    Sent from my SM-G930V using Tapatalk

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