Building a homemade suppressor in Texas is legal, but only if you first file ATF Form 1, pay a $200 federal tax, pass a background check, and receive written approval from the Bureau of Alcohol, Tobacco, Firearms and Explosives before you assemble a single part. Skipping any step is a federal felony punishable by up to 10 years in prison, and Texas state law does not change that.
Texas HB 957 Is Not a Legal Shield
In 2021, Texas enacted House Bill 957, which declares that a suppressor manufactured in Texas and kept within the state “is not subject to federal law or federal regulation, including registration.”1Texas Legislature Online. Texas House Bill 957 The law took effect September 1, 2021.2Texas Legislature Online. HB 957 – Committee Report (Unamended) On its face it reads like permission to build without federal paperwork. It is not.
Texas and several individuals sued the federal government to block enforcement of the National Firearms Act against in-state suppressors. In June 2024, the Fifth Circuit ruled against the challengers, finding that neither the state nor the individual plaintiffs had legal standing.3Justia. Paxton v Dettelbach, No. 23-10802 The court never reached the constitutional question. NFA requirements remain fully enforceable in Texas, and at least one Texas resident has already been federally prosecuted for relying on HB 957 as a defense.
Federal law classifies suppressors alongside machine guns and short-barreled rifles as items that must be registered before they are made.4Bureau of Alcohol, Tobacco, Firearms and Explosives. National Firearms Act The statute is explicit that no one may “make” a suppressor without a written application, the applicable tax, fingerprints, a photograph, and the Secretary’s approval.5Office of the Law Revision Counsel. 26 USC 5822 – Making Acquiring suppressor-specific parts with the intent to assemble them counts as making. The federal process below is the only safe route.
Who Cannot Apply
Before spending time on paperwork, confirm you are eligible. Federal law bars certain people from possessing any firearm, and that ban extends to suppressors. Under 18 U.S.C. ยง 922(g), you are a prohibited person if any of the following applies:6Bureau of Alcohol, Tobacco, Firearms and Explosives. Identify Prohibited Persons
- Conviction for a crime punishable by more than one year of imprisonment
- Outstanding warrant or fugitive status
- Unlawful use of or addiction to a controlled substance
- Court adjudication of mental defect or involuntary commitment
- Unlawful presence in the United States
- Dishonorable discharge from the military
- Formal renunciation of U.S. citizenship
- Restraining order involving an intimate partner or their child
- Any misdemeanor conviction for domestic violence
Being under indictment for a crime punishable by more than one year also blocks you from receiving firearms. If any of these applies, ATF will deny the Form 1, and building anyway multiplies the exposure.
Individual Registration or NFA Trust
You can file Form 1 as an individual or through a legal entity called an NFA gun trust. The choice controls who may lawfully touch the finished device.
If you register as an individual, you are the only person who may possess the suppressor. Others can shoot with it at a range while you are present and in control, but no one else can store it, transport it, or open the safe where it lives. A spouse pulling it out while you are traveling is technically committing a federal offense. The paperwork is simpler; the practical constraints are real.
An NFA trust is a legal entity created to hold NFA items. Every trustee named as a “responsible person” on the trust can independently possess, transport, and use the suppressor without you being present. That is why households with more than one shooter usually go this route. The trade-off is more paperwork: each responsible person must submit a completed ATF Form 5320.23, two fingerprint cards, and a photograph with the Form 1.7Bureau of Alcohol, Tobacco, Firearms and Explosives. NFA Responsible Person Questionnaire (ATF Form 5320.23) Adding a trustee later means the new person goes through the same background check for any future NFA application.
Filing ATF Form 1
ATF Form 1, the “Application to Make and Register a Firearm,” starts the approval clock.5Office of the Law Revision Counsel. 26 USC 5822 – Making The eForms portal is the fastest route; paper submissions still work but move slower.
The form asks for your full legal name, address, and identifying information. You also describe the suppressor: caliber, model designation, overall length, and a unique serial number you assign yourself. Write these down carefully. The exact specifications you enter must later be permanently engraved on the finished device.
Federal statute requires fingerprints and a photograph from individual applicants.5Office of the Law Revision Counsel. 26 USC 5822 – Making In practice, that means two FD-258 fingerprint cards and two passport-style photos. Electronic filers upload the photos and mail the physical fingerprint cards to the ATF’s NFA Division within 10 business days of the online submission. Professional fingerprinting runs about $15 to $50.
A copy of the application also goes to your local Chief Law Enforcement Officer as a notification. The CLEO has no approval or veto power; the notice is informational.
Every Form 1 carries a $200 federal tax, commonly called the “tax stamp.” It is paid at submission through eForms and is non-refundable if the application is denied. Confirm eligibility before you file.
Wait for Approval Before Building Anything
After submission, ATF runs the background check and reviews the application. Current processing times run about 36 days for eForms and roughly 20 days for paper.8Bureau of Alcohol, Tobacco, Firearms and Explosives. ATF Current Processing Times Those figures fluctuate with volume, and delays are common. Do not start acquiring suppressor-specific parts or fabricating anything during the wait. That itself can qualify as “making” without approval.
Approval arrives by email with the approved Form 1 and a digital tax stamp attached. Print it and keep it with the suppressor whenever you have possession. Law enforcement may ask to see it. Only now can construction begin.
Engraving Before Assembly
Federal regulations require permanent markings on the suppressor’s frame, receiver, or outer tube before assembly. The text must be at least 1/16 inch in print size and at least .003 inches deep.9ATF eRegulations. 27 CFR 479.102 – Identification of Firearms Required information:
- Serial number exactly as it appears on the approved Form 1
- Your name, or the trust name if filed through a trust
- City and state where the suppressor is being made
- Model designation and caliber from the approved Form 1
Most builders send the tube to a professional engraver. Hand-stamping often falls short of the depth and size specifications. An engraver familiar with NFA work knows the requirements and usually turns the job around in a few days for $30 to $75.
Possession and Storage After the Build
The suppressor is permanently tied to its registration. If you filed as an individual, only you may possess it. Others can fire a weapon with the suppressor attached at a range while you supervise, but they cannot take it home or transport it on their own. If you filed through a trust, any responsible person on that trust has the same authority you do.
Federal law does not require a specific type of storage container, and a gun safe is not legally mandated. What matters is that no prohibited person or unauthorized individual has unsupervised access. Practically, that means a locked container whose combination or key stays with authorized people only. For an individual registration, that means no one else should be able to open it without you there.
Travel within Texas requires no additional ATF paperwork.
Penalties for Building Without Approval
Anyone who violates NFA requirements faces up to 10 years in prison, a fine of up to $10,000, or both.10Office of the Law Revision Counsel. 26 USC 5871 – Penalties That reaches making a suppressor without approval, possessing an unregistered one, failing to engrave the required markings, and allowing a prohibited person to have access.
One trap draws federal attention often enough to flag: “solvent traps” and similar kits marketed as cleaning accessories but designed to work as suppressor components. Buying one is not automatically illegal. Assembling one into a functional suppressor without an approved Form 1 is treated exactly like building one from raw stock. ATF has brought criminal cases on that basis, and intent behind the purchase matters.
HB 957 is not a defense to any of this. The Fifth Circuit’s 2024 ruling in Paxton v. Dettelbach left the federal enforcement framework in place, and federal prosecutors in Texas continue to bring NFA cases.3Justia. Paxton v Dettelbach, No. 23-10802 No court has recognized a state-law exemption from the National Firearms Act. Until one does, the $200 stamp and the weeks of waiting are what legal ownership costs.