Consumer Information

In Texas, Better Protection for Class 3 Devices Is Coming

Texas Law Shield recently alerted gun owners about SB 437, a law slated to go into effect in September that extends protections for Class 3 devices such as short-barreled rifles (SBRs), suppressors, and “any other weapons,” as defined by the National Firearms Act.

Along with heavily covered Open Carry and Campus Carry legislation, Texas Gov. Gregg Abbott also signed into law SB 473, by Texas State Reps. John Frullo and Charles Perry. The measure amends Texas Penal Code section 46.05, which deals with Prohibited Weapons.

U.S. Law Shield and Texas Law Shield President Kirk Evans said, “Formerly, it was a ‘defense to prosecution’ if a person was charged with possession of NFA items, such as a silencer or machine gun, and the item was properly registered pursuant to the National Firearms Act. Unfortunately, owners of such weapons could be forced deeply into the legal process before establishing legal ownership of certain items under Texas law.” Evans said the amended language of the statute makes clear that possession of these devices is legal if the class 3 device is registered with BATFE, and removes the “defense to prosecution” language. SB 473 will take effect on Sept. 1, 2015.

Specifically, Sections 46.05(a) and (e), are amended to read that: A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells those items listed above “unless the item is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or classified as a curio or relic by the United States Department of Justice.” Evans pointed out that while Texans who own NFA items are the biggest beneficiaries, he noted that gun owners from other states likewise will enjoy better legal protections if they want to bring their Class 3 items—such as suppressors—into the state to hunt.

Legal ownership of short-barreled rifles and other Class 3 devices in Texas was clarified by SB 473, which takes effect Sept. 1. This Backpacker Scout Marlin Package Lever Action SBR is made by Grizzly Custom and requires a tax stamp for ownership. Photo courtesy of Grizzly Custom.
Legal ownership of short-barreled rifles and other Class 3 devices in Texas was clarified by SB 473, which takes effect Sept. 1. This Backpacker Scout Marlin Package Lever Action SBR is made by Grizzly Custom and requires a tax stamp for ownership. Photo courtesy of Grizzly Custom.

 

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Comments (30)

  1. i Live in NV and The left wing who Occupy the CO Sheriffs make it a Biatch to wait for approval to have one. Wy trust are more popular but evasive. And the High cost of the can, all the traps, 200 Tax Stamp and a trusts lawyer.The Fed DHS,,FBI,US Marshall DEA ,ATF adn teh DOJ Know you have one anyway.No where does it say any Jurisdictions can Infringe on our second amendment rights. “Especially Ignoring State Constitutions .” On Lawful Self defense,and Recreational use. and the crooked Criminal Defense Prosecution BS to make you an evil person in Court especially Wrongful death suits.! I am also an advocate of A Permitless 50 state reciprocity CCW or In reality a Constitutional protection Carry act where no Unlawful harassment law abounds, but Gun safety laws of reasonable common Sense.

  2. I Feel for you, I was an officer at a max prison, I got in a fight and broke my neck, I have severe nerve damage in my arm and entire right side, also a brain injury. the NFA has no idea how much removing the restrictions on us disabled people would benefit us. or they just don’t care. I personally can’t take the recoil and concussion from 30 cal guns anymore. a suppressor would remove that hardship on the sport that I love. I to can’t afford to buy tax stamps, or suppressor for the very few times per year I can afford to go to the range, Thanks NFA, thanks for nothing.

  3. Me bad, and if I coulf blush in shame I would .
    I apologize as A friend from the past phoned to inform me.I was misinformed about the demise of Chickenhawk and that Mr. M Is alive and foing well in retiremrnt and it was Columbian blow he got cauhht with and spent fed time for. AT that time you could not be an american hero if you used or was in the trade..
    The part about his prowess and courage is Gods truth though.
    His book bars nothing and is not self emulation, honest man honest story.
    Changed a bit today as they even made a hero of a guy in Blackhawk Down that sodimized little girls. CHANGED HIS name to protect a myth.m.
    I apologize .
    Friend said it was our school chum who also had been a slick pilot that later dies while smuggling weed. And that his ex remains as much a stuvk up bitch as when he divorced her.
    Damn maybe I ambecoming befuddled.
    I again apologize to all. And especially Mr. M.
    There eere so many who died after the wsr whose stories to this day are untold and unwanted to be told.
    I was in a rural small towns tavern late one eve with surbibing buds not talking of war but of work pusdy and more pu**y, when from one end of bar a very belligerentvoice hollered out calling me all kindsof vile names anfd I never new mybmothrr worked in those kind of houses.
    Og vourse this knukle draghing dullard hot up and walking toward the man who was smiling it was not until I got within 15 foot I recognixed himWell to make a story short men did becomr of noys in that conflict and they came quick or they died in some units. Come to find out he had been a huey door gunner in the very cav unit that we used to travel in that green land. WE BOTH KNEW THAT AT ONE TIME MAYBE MORE WE HAD BEEN ON SAME HuEY and never recognized each other.The intensity of each of us in our job was first and foremost. You only realy became close to your small immediate group, everyone else no matter the uniform was a stranger.

    1. @Grammar Police: Some people like caps. We don’t need a grammar policeman, as that stuff is for Instagram and Twitter. For God’s sake I hope you have another tag name here and actually write something more on topic.

      @Hide Behind: You always bring a lot of flavor and unique comments to every CTD forum. I’m actually starting to look forward to your posts. Thanks for your service in Vietnam.

    2. STARTING IN 1965 IN USMC COMM SCHOOL AT CAMP PENDLETON, CA. I WAS TAUGHT TO WRITE ALL COMMUNICATION IN UPPER CASE. THAT WAS USED THROUGH ALL FOUR TIMES I WAS ASSIGNED INTO THE VIET NAM WAR ZONE. FOLLOWING THAT I SAW ALL AUTODIN TELETYPE MESSAGES GOING IN AND OUT OF THE FIRST MARINE DIVISION COMM CENTER TO BE ALL IN UPPER CASE.
      I HOPE THAT MOST PEOPLE WILL PAY ATTENTION TO THE TEXT OF THE MESSAGE IN STEAD OF LOOKING FOR GRAMMAR MISTAKES. “DUCK” AND “HIT THE DIRT” SHOULD BE HEEDED BEFORE PICKING ON SPELLING ERRORS..

    3. Well, times have changed. 50 years ago, communications were done in OCR, and upper case was all they had, and all they needed. Now, everything is done via email and the internet, and we have lower case.

  4. As I am a Viet Nam boots on the ground not just in theater or era catagory, I caught first your nic “Chickenhawk” as I once knew and met the Best fn chopper pilot of Any war not just SE Asia.
    If you have not read book “Chickenhawk” i respectfully request you do
    As you may well know not all the names of those who died because of that police action are written on that black wall, The Original Chickenhawks name is not there because he leftvus years later while keeping the adrenaline rushs going by flying weed from Mexico into US.
    Although we no longer ride to the gun we still hear from inside the sounds of that conflict
    Many a GI owes hisife to courage and skills of Chickenhawk, he truly knew no fear for himself but feared for the lives of others his government sent in harms way.
    May you have a good life and next time I too scrape up enough change to go to range I will remember your thoughts and of he known as “

  5. QUESTION????

    MY WIFE HAS BOTH A HENRY MARE’S LEG THAT FIRES THE PISTOL 22 LR AND A ROSSI RANCH HAND THAT FIRES THE 45 LC PISTOL CARTRIDGE.

    ARE THESE TWO PISTOL STYLES GOING TO NEED THIS EXTRA TAX REGISTRATION?? i GUESS THAT IF SUCH IS SO THEY HAD BETTER NOTIFY HER IN A HURRY!!! I THINK THEY WOULD BE “GRANDFATHERED”

    1. There’s a key that says CAPS LOCK on your keyboard. Try hitting it before you type next time. That would make your comment easier to read.

    2. So long as you do NOT fit a full length rifle butt stock to either the “Mare’s Leg” -or- the “Ranch Hand” they are both still considered -pistol-s -or hand gun-s . If you -possess- a full length rifle butt stock (even though the full length butt stock has NOT even been installed) , AND those pistol/hand gun-s in the same physical location , you are guilty of “constructive possession” , and can be prosecuted for possession of an unregistered Short Barreled Rifle.
      Such are the vagaries of the infringements visited upon us by the National Firearms Act.

  6. If you’re going to write an article on NFA firearms, please use the correct terminology. There is no such animal as a ‘Class 3 device’. There is a ‘Class 3 FFL’ which is the license the dealer must have to deal in Title 2 firearms (which you refer to as class 3 devices). Title 2 is the firearm. Class 3 is the dealer.

  7. I feel that if it is lawful to manufacture it, it should be lawful to own it, without a tax stamp. example. a short barreled rifle or shotgun. or a handgun with a shoulder stock. only full autos should be covered by NFA. suppressors also should be ok to own without a stamp. they are good for everyone. as everybody knows, the word silencer is a myth. no such thing. we need to express this to our elected officials who know nothing about guns,but make all decisions on what we the people can have

    1. I wish as a disabled Nam Combat Vet blown up with major hearing loss who must wear 2 hearing aides if I want to have any little bit of conversations living on a small fixed income I can’t afford tax, etc. for 30 cal. suppressor to use during much loved though rare now target practice & Hunting. It takes me most of the year to squirrel away enough money for one days hunt as it is now. Lord help us wounded vets to have a fair chance to protect what little hearing we have left without losing it all & become total Deef!

    2. The item in the original patent was called a ‘silencer’. In your opinion it may not ‘silence’ but that doesn’t mean it’s not rightly called a ‘silencer’.

  8. Nothing needs to be registered or paid tax upon, repeal all restrictions on weapons under “…shall not be infringed.”
    When the government is afraid of its people, there is Freedom.

    1. Absolutely, the NFA, the GCA68, and the very existence of the BATFE themselves, directly violates the Constitution. It’s just craven cowardice among the political class to not fix this.

      And what is up with this “National Firearms Registration and Transfer Record” I was always told that it was illegal for the BATFE to maintain records specifically related to fire arms registration, sales and transfer?

  9. About time! However, if you want to own any of these items, be it machine gun, silencer or such, it is legal for you to build these from ‘materials on hand’ just as long as you don’t offer them for sale. Still illegal to cut down a rifle or shotgun past the legal length. Don’t believe; check BATFE regulations. Want to own a ‘full auto’ submachine gun. Internet is full of easy builds that require few tools and little mechanical ability. Just don’t try to sell them.

    1. You can build a firearm but you cannot build a SBR or a suppressor without clearance from the ATF.
      You cannot build a full auto unless you are doing it for law enforcement or military and you get prior approval from ATF.
      It does not matter if you plan on selling it or not.
      CHECK THE LAW BEFORE BUILDING ANY GUN!

    2. @Roy Holbert:

      Are these full-auto easy builds legal as long as you own them yourself?

    3. @SS1… No you cannot manufacture a full auto with out a Class 3 license and then it can only be sold to Military or Law Enforcement, even if you don’t plan to sell. As far as making a silencer or SBR, you must have your tax stamp approved BEFORE you manufacture either one. When it comes to AR’s just owning the parts for an SBR can get you in trouble. Its best to keep any uppers shorter than 16″ away from a Rifle lowers (unless you own a pistol lower). There is a lot to this so I would suggest reading up on it before you do anything. I’d rather see you safe than sorry. Good luck and stay safe.

    4. @Scott:

      Thanks for explaining this topic in more detail. Actually I wasn’t going to follow Roy’s post and start ordering things, because you can’t trust 1 internet post on such a risky topic. I just threw my question out there to sign up for this forum topic, and I hoped others like yourself would explain it better.

      Thanks again Scott for thinking about me being safe, and BTW I hope you’re not the same Scott I used to argue with a lot in 2014 🙂

    5. No. Full auto is illegal unless it was in the registry prior to May 1986. There are no new machine guns for civilian ownership since that date. Doesn’t matter if you build it or not, or if you submit a Form 1 or not. It’ll be illegal.

  10. I’m betting that overly aggressive law enforcement has revealed the need for this bill. No?

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