Sienna Rhodes
In Texas, it is legal to possess a firearm sound suppressor or silencer as long as certain requirements are met. Texas Governor Greg Abbott signed seven Second Amendment-related pieces of legislation into law on June 17, 2021, including a law stating that firearm suppressors manufactured and remaining in Texas are exempt from federal law and regulation. This incentizes Texas law enforcement to disregard compliance with the National Firearms Act (NFA) and has led to confusion and concerns about the legality of purchasing and possessing suppressors in the state. While Texas law may allow residents to possess unregistered Texas-made suppressors, federal law still supersedes state law, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) can prosecute residents under federal regulations.
| Characteristics | Values |
|---|---|
| Legal Status in Texas | Legal to possess a firearm sound suppressor or silencer in Texas, but must meet requirements. |
| Requirements | Not a convicted felon, not under investigation for family violence, not diagnosed with mental illness, registered in the National Firearms Registration, and proof of purchase sent to ATF. |
| Texas Law | Texas-sourced raw materials and completed suppressors made from them are not subject to federal regulation under interstate commerce. |
| Federal Law | Federal law supersedes Texas law, and the ATF can prosecute Texas residents under federal law. |
| Texas Law Enforcement | Texas law incentivizes state-level law enforcement to disregard NFA compliance to keep their funding. |
| Purchase Process | Must file Form 4 with the Bureau of Alcohol, Tobacco, and Firearms and pay a $200 fee, then wait about eight months for clearance. |
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What You'll Learn
Texas suppressor laws do not override federal laws
Texas has long been proactive in enhancing firearms rights at the state level. On June 17, 2021, Texas Governor Greg Abbott signed seven Second Amendment-related pieces of legislation into law, including the Texas Suppressor Freedom Act. This act repealed the criminal offense of possessing, manufacturing, transporting, or repairing a firearm silencer.
The Texas Suppressor Freedom Act also ensures that any firearm suppressor manufactured in Texas and that remains in Texas will not be subject to federal law or federal regulation. However, it is important to note that federal law supersedes state law, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has warned that federal law continues to supersede House Bill (HB) 957.
HB 957 prevents Texas state resources from being used to enforce the federal National Firearms Act (NFA) with respect to silencers, suppressors, or gun mufflers. While this may incentivize Texas law enforcement to disregard compliance with the NFA, it does not mean that people are immune to NFA violations on a federal level. The ATF can still prosecute Texas residents for possessing unregistered suppressors under federal law.
In fact, a legal battle quickly ensued after the Texas Suppressor Freedom Act was enacted, with the Texas Office of the Attorney General filing a lawsuit challenging federal suppressor regulations. However, in 2023, federal judge Mark Pittman dismissed the lawsuit, and the U.S. Court of Appeals for the 5th Circuit upheld the dismissal, reaffirming that federal laws, including the NFA, apply in Texas. Therefore, despite Texas's attempts to legalize suppressors made within the state, federal law still supersedes state law, and Texas residents can be prosecuted by the ATF for unregistered suppressor possession.
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Texas suppressor laws do not apply to out-of-state suppressors
Texas has long been proactive in enhancing firearm rights at the state level. In May 2021, Texas passed House Bill 957, known as the Texas Suppressor Freedom Act, which took effect on September 1, 2021. This law allows suppressors made and kept within Texas to be legally possessed and owned without a federal tax stamp, provided they remain within the state's borders.
The Act specifies that Texas-made suppressors can be used with any firearm, regardless of whether the firearm was imported from another state, as long as the suppressor meets the manufacturing guidelines. This means that Texas-sourced raw materials needed to build a suppressor and the completed suppressors made from these materials are not subject to federal regulation under interstate commerce.
However, it is important to note that federal law supersedes state law, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has warned that federal law continues to apply to suppressors in Texas. While Texas law enforcement may turn a blind eye to unregistered suppressors, the ATF can still prosecute Texas residents under federal law.
Therefore, Texas suppressor laws do not apply to out-of-state suppressors. Even for Texas-made suppressors, there is a risk of prosecution by the ATF if the suppressor is taken out of the state. Texas residents considering possessing or purchasing a suppressor should be aware of both state and federal laws and understand the potential risks involved.
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Texas suppressor laws do not prevent federal prosecution
Texas has passed laws that legalise the possession and ownership of firearm suppressors manufactured and kept within the state. However, Texas suppressor laws do not prevent federal prosecution. This is because federal law supersedes state law, and the National Firearms Act (NFA) of 1934 restricts the ownership and possession of suppressors.
The Texas Suppressor Freedom Act, also known as HB 957, states that suppressors made and kept within Texas are exempt from federal laws and regulations. Specifically, it says that a firearm suppressor manufactured and kept within the state is not subject to federal law or federal regulation, including registration, under the authority of the United States Congress to regulate interstate commerce. The Act also includes a clause protecting the raw materials used to make suppressors from federal regulation, arguing that Texas-sourced materials are not subject to federal regulation under interstate commerce because they do not leave the state.
While the Texas law removes the threat of state-level prosecution for unregistered suppressor manufacturing, sales, and possession, it does not provide immunity from federal-level prosecution. This is similar to state marijuana laws, where marijuana may be legal under state law but can still be prosecuted under federal law. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has warned that federal law continues to supersede HB 957, and the ATF can still prosecute Texas residents under federal law.
The new Texas law incentivizes state-level law enforcement to disregard compliance with the NFA to keep their funding intact. Texas officials who aid in the enforcement of the NFA in regards to suppressors are subject to losing grant funds from the state. This means that Texas residents are unlikely to be pursued by Texas law enforcement for NFA violations, but they can still be prosecuted by the ATF under federal law.
In conclusion, while Texas suppressor laws legalise the possession and ownership of Texas-made suppressors within the state, they do not prevent federal prosecution. Federal law supersedes state law, and the ATF has warned that it will continue to enforce federal regulations on suppressors, even in Texas.
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Texas suppressor laws do not change purchasing processes
Texas's new suppressor laws have created some confusion, with many interpreting the legislation as a free pass for Texans to purchase and own suppressors without federal registration. However, this is not the case. While the Texas Suppressor Freedom Act, or HB 957, does allow for suppressors made and kept within Texas to be exempt from federal laws and regulations, it does not change the purchasing process.
The Act specifies that Texas-made suppressors can be used with any firearm, regardless of whether the firearm was imported, as long as the suppressor meets manufacturing guidelines. This includes the requirement for Texas-made suppressors to be stamped with "Made in Texas". However, the Act does not change the fact that suppressors can only be sold by specially licensed dealers who must comply with federal laws, including registration.
The National Firearms Act (NFA) of 1934 restricts the ownership and possession of suppressors unless the owner goes through extensive background checks, paperwork, and pays a $200 tax stamp fee. This federal law continues to apply, making it illegal to own a suppressor without completing the required federal process. Texans still need to file Form Four with the Bureau of Alcohol, Tobacco, and Firearms and pay the $200 fee, followed by a lengthy wait for the application to be cleared.
While Texas law enforcement may turn a blind eye to unregistered suppressors, the ATF maintains its stance on federal prosecution. This means that even if a Texas resident possesses an unregistered "Made in Texas" suppressor, they can still be prosecuted under federal law. Therefore, the Texas suppressor laws do not change the purchasing processes, and individuals must still comply with federal regulations to avoid legal repercussions.
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Texas suppressor laws do not affect registration requirements
However, it is important to note that federal law supersedes state law. The ATF has warned that federal law continues to apply to Texas-made suppressors, and individuals could face federal prosecution for unregistered suppressors. While Texas law incentivizes state-level law enforcement to disregard NFA violations, residents are not immune to federal prosecution.
To comply with federal law, individuals must submit an ATF Form 4, pay a $200 tax stamp, and pass a background check to legally own a suppressor. Possession without proper registration can result in severe penalties, including prison time and substantial fines.
The Texas law primarily removes the threat of state-level prosecution for unregistered suppressor manufacturing, sales, and possession. It is still necessary to follow federal regulations when purchasing suppressors, as dealers must comply with federal laws, including registration requirements, to maintain their licenses.
In summary, while Texas suppressor laws exempt certain suppressors from federal regulations, including registration, federal law supersedes state law, and individuals must still comply with federal registration requirements to avoid legal consequences.
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Frequently asked questions
Yes, it is legal to possess a firearm sound suppressor in Texas if you meet the requirements set out under Texas law.
You must not be a convicted felon, under investigation for family violence, or diagnosed with a mental illness. You must also register the silencer with the National Firearms Registration and send a record of purchase to the ATF.
You will need to file form four with the Bureau of Alcohol, Tobacco and Firearms and pay a $200 fee. Then, you must wait about eight months for the application to be cleared.
The new law incentivizes state-level law enforcement to disregard compliance with the NFA to keep their funding. This means that Texas residents are unlikely to be pursued by Texas law enforcement for NFA violations. However, this does not mean that people are immune to NFA violations on a federal level.
No, Texas-made suppressors are still subject to federal law. While the new Texas law states that Texas-sourced raw materials and completed suppressors made from them are not subject to the commerce clause, the federal government's stance has not changed. The ATF can still prosecute residents under federal law.
