Made in Texas – Silencers and Regulations
Made in Texas – Silencers and Regulations
There’s been a lot of talk about new regulations regarding silencers made inside Texas, and while it’s a good thing, it ultimately won’t change silencer ownership in the state.
The proposed regulations would make it lawful, per Texas law, to possess a silencer that was made in Texas and marked as such without NFA registration. The important aspect of the last sentence is “per Texas law.” Dealers are regulated by federal law, as is the National Firearms Act. Simply put, even though certain criteria may allow an unregistered silencer to be legal according to the great state of Texas, it is still a federal felony that carries a 10 year prison sentence and a heavy fine. Kansas enacted a similar law, and unfortunately the first of those to test it were prosecuted by the ATF.
It is great to see Texas law taking a stance on silencer ownership, and comforting that we have state politicians who support the second amendment and realize the futility of silencer-centric regulations. Unfortunately, since federal law has not changed, any unregistered silencer possession or transfer is still a punishable federal felony. On top of the fine and prison sentence, this could strip away an otherwise lawful citizen’s second amendment rights. It’s a small step in the right direction, but we’re not at the finish line just yet.
July 29, 2021 Update
Between the original writing of this blog post and today, nothing substantial has really changed regarding the industry sentiment. One Texas silencer manufacturer, Dark Horse, has reported both the ATF and Texas AG instructed them not to engage in the sales or manufacturer of silencers that were not federally registered.
Now, roughly one month before the new law goes into effect, the ATF has provided an open letter regarding HB957. In summery, it states that "federal law supersedes HB957" and "all provisions of the GCA and the NFA, including their corresponding regulations, continue to apply to FFLs and other persons in Texas."
https://www.atf.gov/firearms/docs/open-letter/texas-open-letter-hb-957/download
At Capitol Armory, we do not wish to see any of our clients or any 2nd Amendment supporting Texans suffer legal issues or lose rights because of HB957 conflicting with federal law.