Made in Texas: Silencers and the Law
There has been a lot of discussion surrounding recent Texas legislation related to suppressors that are manufactured and kept entirely within the state. While the intent behind this law reflects strong support for the Second Amendment, it does not meaningfully change how suppressors are regulated or owned in Texas today.
House Bill 957 allows Texas residents to possess a suppressor that is built and remains within state borders, provided it is clearly marked as made in Texas. This would not require federal registration under the National Firearms Act (NFA), according to Texas law. However, the key point is that this legality applies only under state law. Suppressors are still regulated at the federal level, and the NFA continues to require registration, tax payment, and approval through the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
In practical terms, even if a suppressor qualifies as legal under Texas law, it remains a serious federal offense to possess or transfer it without NFA compliance. Violating this law carries a penalty of up to 10 years in federal prison, steep fines, and permanent loss of firearm rights.
Texas is not the first state to pass such legislation. Kansas implemented a similar law, and individuals who relied on it were prosecuted by federal authorities. Federal law remains the controlling authority for NFA items, regardless of local or state-level exemptions.
It is encouraging to see Texas lawmakers take a supportive stance on suppressor ownership and recognize that suppressor regulations are outdated. However, unless federal law is changed or overturned through the courts, Texans must continue to follow federal procedures. Choosing to bypass the NFA process puts individuals at serious legal risk.
Update – July 29, 2021
Since the original article was published, there has been little change in how the suppressor industry is responding to HB 957. One Texas manufacturer, Dark Horse, reported that both the ATF and the Texas Attorney General advised against producing or selling suppressors that are not federally registered.
With the new law set to take effect in just a few weeks, the ATF has issued an open letter addressing HB 957. In summary, the letter states that federal law takes precedence over HB 957 and confirms that all requirements of the Gun Control Act and the National Firearms Act continue to apply to federal license holders and private individuals in Texas.
You can read the official letter here:
Texas Open Letter on HB957 – ATF
At Capitol Armory, we are committed to protecting our clients and all supporters of the Second Amendment. Until federal law is changed, we strongly recommend that Texans continue to comply with all NFA regulations. While HB 957 represents a symbolic move in the right direction, it does not protect against federal enforcement or prosecution.
