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  • Texas1911

    TGT Addict
    Rating - 100%
    1   0   0
    May 29, 2017
    10,596
    46
    Austin, TX
    Start playing your smartass card, and you may well get more than you bargain for.

    I've never had a problem with a cop.

    As you are aware, NFA items are playing with fire.

    The law is the law, but it's fucking retarded that a muffler is probable cause to search an entire vehicle, arrest someone, and cause a ton of headache and financial burden even though it is a defense to prosecution to possess the proper paperwork.

    Me thinks I'm going to draft a bill for my house rep to submit next session to fix that clerical error.
     

    ChunkyMonkey

    TGT Addict
    Rating - 0%
    0   0   0
    Apr 17, 2011
    3,161
    21
    San Antonio, Tx
    Unless that video was made in Mayberry, that video was so far fetched. Talk about scare tactics to sell a program. I'm sure the other guy posting "9 out of 10 times" must be referring to his own. I've NEVER bs'd PC to search. Your arrest is not worth me losing my job or going to jail. Good tip to keep from getting searched:
    Vacuum the weed from your car
    Don't smoke weed in your car
    Don't drink beers in your car
    Don't have a warrant
    Don't get stopped(increasing the worry), lol.

    Don't park in a city park that is supposed to be closed after sunset trying to cook narcotics, lol.
     

    zembonez

    TGT Addict
    Rating - 0%
    0   0   0
    Feb 22, 2008
    4,726
    21
    Republic of Texas
    I've never had a problem with a cop.
    Wasn't saying you had. Didn't even think it. You are smarter than that.

    I was just stating an obvious "don't go there" unless you want some shit comment. Being arrogant to a cop because you think you are "right" is a real dumbass move (but I've seen it done a few times with predictable results). I've also driven a few friends cars home after.
     

    Jason

    Well-Known
    Rating - 0%
    0   0   0
    Apr 20, 2008
    1,313
    21
    Austiin area
    What did they plant in your car?

    nothing, they lied about things said or dropped words from sentences to make the statements COMPLETELY mean something else. I know it is their job to make things look as bad as they can for people they are trying ruin their lives, but to blatantly change things to make them look worse is pretty low life.

    I pretty much hope that lying biatch gets drug down 35 under an 18 wheeler for doing that and I told my probation officer that. She looked at me and said that it wasn't very nice, to which I replied--- "It wasn't very nice of her to lie on a police report, but that didn't stop her from doing it!"

    Again, there are police that do their job and there, like everywhere are ones that are underhanded to make themselves look better to their commanders even at the cost of putting marks on otherwise decent people's lives. I don't have a distrust in all LEO's, but it makes it harder for me to initially trust them if I don't know them...
     

    Jason

    Well-Known
    Rating - 0%
    0   0   0
    Apr 20, 2008
    1,313
    21
    Austiin area
    I'm somewhat concerned about being searched when I have NFA items on hand due to the complexity of the law. I know I can be arrested for possessing them since it's only a defense to prosecution to have the Form 4.

    Are you telling me that it is not legal to have a suppressor you own legally with federal paperwork and tax stamps on you? If so, what is the point of owning them and how do people get paperwork signed with a Texas address if that is the case???
     

    Texas1911

    TGT Addict
    Rating - 100%
    1   0   0
    May 29, 2017
    10,596
    46
    Austin, TX
    Are you telling me that it is not legal to have a suppressor you own legally with federal paperwork and tax stamps on you? If so, what is the point of owning them and how do people get paperwork signed with a Texas address if that is the case???

    By Texas law it is illegal, but it is a "defense to prosecution" to have the paperwork. Meaning, 99.9% of the police force is not going to waste their time booking someone on it.
     

    txinvestigator

    TGT Addict
    Rating - 0%
    0   0   0
    May 28, 2008
    14,204
    96
    Ft Worth, TX
    When something is a defense to prosecution it means you have a defense to otherwise unlawful activity. Texas Penal Code 46.05 makes possession a suppressor unlawful.

    It goes on to say say that possession under the NFA is a defense to prosecution. You can be arrested and charged for an illegal act where you claim a defense.
     

    Jason

    Well-Known
    Rating - 0%
    0   0   0
    Apr 20, 2008
    1,313
    21
    Austiin area
    When something is a defense to prosecution it means you have a defense to otherwise unlawful activity. Texas Penal Code 46.05 makes possession a suppressor unlawful.

    It goes on to say say that possession under the NFA is a defense to prosecution. You can be arrested and charged for an illegal act where you claim a defense.

    wow, seems like that makes zero logical sense at all...
     

    1rightguy

    Active Member
    Rating - 100%
    1   0   0
    Mar 25, 2009
    510
    1
    nothing, they lied about things said or dropped words from sentences to make the statements COMPLETELY mean something else. I know it is their job to make things look as bad as they can for people they are trying ruin their lives, but to blatantly change things to make them look worse is pretty low life.

    I pretty much hope that lying biatch gets drug down 35 under an 18 wheeler for doing that and I told my probation officer that. She looked at me and said that it wasn't very nice, to which I replied--- "It wasn't very nice of her to lie on a police report, but that didn't stop her from doing it!"

    Again, there are police that do their job and there, like everywhere are ones that are underhanded to make themselves look better to their commanders even at the cost of putting marks on otherwise decent people's lives. I don't have a distrust in all LEO's, but it makes it harder for me to initially trust them if I don't know them...

    This is a situation that one would have to experience to understand what you're talking about.....
     

    Mexican_Hippie

    TGT Addict
    Rating - 100%
    3   0   0
    Feb 4, 2009
    12,288
    21
    Fort Worth
    I don't get the reason for having both exceptions and defenses in Texas law in the first place. Why not just make them all exceptions? Is there a good reason I'm missing, because the whole concept seems retarded.
     
    Rating - 100%
    9   0   0
    Aug 17, 2010
    7,576
    96
    Austin
    I don't get the reason for having both exceptions and defenses in Texas law in the first place. Why not just make them all exceptions? Is there a good reason I'm missing, because the whole concept seems retarded.

    Some matters the Legislature wants to give LE power to arrest and "let the courts decide" (such as justifiable homicide etc). I agree completely registered Title II items should be an exception rather than a defense, especially since the exception would be so easy to articulate.
     
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