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Old January 25, 2011, 10:52 PM   #1
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Join Date: January 24, 2011
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Laws Regarding Silencers

So what exactly are the laws regarding silencers on home defense weapons. I own a Beretta M9A1 and I'm considering purchasing a silencer and I'm curious as to the legality of the purchase.
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Old January 25, 2011, 11:12 PM   #2
Al Norris
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A lot depends upon the state you live in. Are they legal to possess and use? If that answer is yes, then you will have to fill out certain forms, pay your tax and get the permission of the ATF. Then you can purchase the muffler.

There is a bit more than that, and the good folks in our NFA section can flesh this all out for you.

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Old January 25, 2011, 11:56 PM   #3
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Ok thanks. And i live in Texas is that one of the states where silencers are legal?
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Old January 26, 2011, 12:11 AM   #4
Jake Balam
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When in doubt, google and find out.
Patiently awaiting the zombie apacolypse.
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Old January 26, 2011, 12:14 AM   #5
Willie Lowman
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Well you can read this Where we go round and round about using NFA weapons for HD.
"9mm has a very long history of being a pointy little bullet moving quickly" --Sevens
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Old January 26, 2011, 01:04 AM   #6
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We're good in Texas. There's a lot of controversy about using an NFA weapon as HD, personally I would not. Too much chance of the gun being taken by the PD as evidence and you may end up with a case number or incident number being scratched into the side of the gun, or it may take you years to get it returned.

As far as a can, mixed feelings about that. It will save a lot of wear on your ears and won't change the ballistics of the bullet you fire, and you could remove it before the PD gets there, but why take the chance? Use it at the range, especially indoor ranges, and enjoy the silence.
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Old January 26, 2011, 01:14 PM   #7
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The Penal code of TX is easy to search. Look at Chapter 46 on weapons and search for silencer. http://www.statutes.legis.state.tx.u.../htm/PE.46.htm

Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if he intentionally or knowingly possesses, manufactures, transports, repairs, or sells:

(1) an explosive weapon;
(2) a machine gun;
(3) a short-barrel firearm;
(4) a firearm silencer;

(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.
In other words you can be arrested for mere silencer possession in TX, but showing them the registration form protects you from prosecution. I have never heard of anyone being arrested for silencer possession in TX as long as they had their registration form on them and showed it to the police.

The ATF routinely authorizes the sale to and making of silencers by unlicensed persons in TX.

I have heard of prosecutors in various states using the "unusual" nature of a certain firearm against a person charged with a crime. I so not store my home defense firearms with silencers attached, so I would not be using them suppressed. I figure the disorientation from the loud noise would affect the perp more than it would me, so I do not see using a silencer as an advantage. But then I have never shot (or at) a person, so I do not know for sure how things would work out.

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