Penal Code 46.05 states that A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:

(1) any of the following items, unless the item is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or otherwise not subject to that registration requirement or unless the item is classified as a curio or relic by the United States Department of Justice

I'm treating the unless provision as an exception but I'm not sure how to negate the existence. Any help . . .

My investigator (Arthur) was with ATF for 25+ years. Give him a call (432) 336-374two. I expect adding something like "and the * was not registered in the ... and was not classified as a curio or relic by the United States Department of Justice." To negate, likely an investigator can testify that they "have conducted a search of the National Firearms Registration and Transfer Record and that the item is not registered."

Yes, that was changed back in 2015 and has the functional effect of being an exception. However, we have heard* that ATF/the feds won't divulge that information to state or local actors, so if you can't get something official from Frank's investigator, you may be unable to prosecute those possession of a prohibited weapon cases in state court due to an inability to get the evidence needed to prove it was not lawful conduct. If that happens, only the Feds will be able to prosecute it.

(* - been told this several times but only via hearsay, so if you can confirm/deny it by email to me once you know, that would be appreciated.)