Silencers are not illegal in Texas. You can legally own one if you register it with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, pass a background check, and are not otherwise prohibited from possessing firearms. Texas removed silencers from its list of prohibited weapons in 2021, so the rules you actually have to follow are federal. And as of January 1, 2026, the federal transfer tax that used to cost $200 dropped to $0.
What Changed in Texas in 2021
Until September 2021, Texas Penal Code Section 46.05 listed firearm silencers as prohibited weapons, and possessing one without federal compliance was a state felony on top of any federal exposure. House Bill 957 struck silencers from that list and repealed the definition of “firearm silencer” in Section 46.01(4).1Texas Legislature Online. Texas House Bill 957 – Relating to Local, State, and Federal Regulation of Firearm Suppressors The bill also blocked prosecution for the old state offense retroactively and dismissed pending cases.
So the state layer is essentially gone. What remains is the federal framework, and that framework is strict.
Federal Registration Is Still Required
The National Firearms Act of 1934 classifies silencers as NFA firearms, in the same category as machine guns and short-barreled rifles.2Office of the Law Revision Counsel. 26 USC 5845 – Definitions Every silencer in civilian hands has to be registered in the National Firearms Registration and Transfer Record. Possessing an unregistered one is a federal felony.
The big recent change came from the One Big Beautiful Bill Act, signed on July 4, 2025. It reduced the NFA transfer and making tax from $200 to $0 for silencers, short-barreled rifles, short-barreled shotguns, and “any other weapons,” effective January 1, 2026.3Office of the Law Revision Counsel. 26 USC 5811 – Transfer Tax Machine guns and destructive devices still carry the $200 tax. Registration itself did not change. You still file ATF paperwork, submit fingerprints, and wait for approval.
Who Can Legally Own One
To buy a silencer from a licensed dealer in Texas, you have to be at least 21 years old, a U.S. resident, and legally eligible to possess firearms under federal and state law. The age floor drops to 18 for a private in-state transfer, inheritance, or if you manufacture your own on an approved ATF Form 1.
Federal law disqualifies several categories of people from possessing any firearm, silencers included:
- Anyone convicted of a crime punishable by more than one year in prison, whether or not they served time
- Anyone convicted of a misdemeanor domestic violence offense, or subject to a qualifying protective order involving an intimate partner
- Anyone found mentally incompetent by a court or involuntarily committed to a mental institution
- Anyone who is an unlawful user of or addicted to a controlled substance
- Most nonimmigrant aliens, though exceptions exist for people who entered without a visa (such as under the Visa Waiver Program) or who have established state residency4Bureau of Alcohol, Tobacco, Firearms and Explosives. Firearms Questions and Answers
Any of these will trigger a background check denial. For most, there is no waiver.
How to Buy a Silencer in Texas
The standard route goes through a dealer holding a Federal Firearms License with a Special Occupational Tax status, commonly called a Class 3 dealer. The steps:
- Pick the silencer at a dealer, or buy from an authorized online retailer who ships it to a local dealer
- Complete ATF Form 4, the transfer application, with personal information, a passport-style photo, and fingerprints; the electronic eForm 4 moves much faster than paper
- Wait for ATF approval, then pick up the silencer from the dealer
Wait times have shortened significantly. As of February 2026, ATF data shows eForm 4 applications for individuals averaging about 10 days, trust applications averaging 26 days, and paper submissions running roughly 21 to 24 days.5Bureau of Alcohol, Tobacco, Firearms and Explosives. Current Processing Times Multi-month waits are largely a thing of the past for electronic filings.
Should You Use an NFA Trust
Instead of registering the silencer to yourself as an individual, you can register it to an NFA trust. The trust holds the silencer, and any trustee can legally possess and use it. Under individual registration, only the person named on the Form 4 can handle the item. If your spouse pulls your suppressor out of the safe while you are out of state, that is technically a federal violation.
The tradeoff is more paperwork. Under ATF Rule 41F, every “responsible person” on the trust must submit a photograph, two fingerprint cards, and ATF Form 5320.23, and each undergoes a background check. A copy of the form also goes to the chief law enforcement officer in that person’s area.6Bureau of Alcohol, Tobacco, Firearms and Explosives. Background Checks for Responsible Persons (Final Rule 41F) Responsible persons include trustees, grantors, and any beneficiary with authority to direct the trust or handle its firearms.
Every trustee has to be legally eligible to possess firearms. Adding someone who is a prohibited person does not just disqualify that individual; it can jeopardize the whole trust. Verify eligibility before you list anyone.
Where and How You Can Use It in Texas
Once registered, Texas places essentially no extra restrictions on your suppressor. The Texas Parks and Wildlife Department confirms that suppressors may be used to take any wildlife resource, from whitetail deer to feral hogs to exotics, so long as all other hunting rules are followed.7Texas Parks & Wildlife Department. Hunting Means and Methods You can also use one at shooting ranges that allow them and on private property for target shooting.
Federal rules require you to keep proof of registration and produce it if an ATF officer asks. Under 27 CFR 479.101(e), a person possessing a registered firearm “shall retain proof of registration which shall be made available to any ATF officer upon request.”8eRegulations. 27 CFR Part 479 – Machine Guns, Destructive Devices, and Certain Other Firearms Your approved Form 4 is that proof. Most owners keep a digital copy on their phone and the original in a safe.
Crossing State Lines
Silencers are unusual among NFA items in that they do not require ATF pre-approval to move across state lines. Form 5320.20 covers interstate transport of machine guns, short-barreled rifles, short-barreled shotguns, and destructive devices, but not silencers.9Bureau of Alcohol, Tobacco, Firearms and Explosives. Application to Transport Interstate or to Temporarily Export Certain National Firearms Act Firearms
You still have to obey the laws of every state you enter. Eight states plus the District of Columbia ban civilian suppressor possession outright: California, Delaware, Hawaii, Illinois, Massachusetts, New Jersey, New York, and Rhode Island. Driving through any of them with a silencer can trigger state criminal charges even if your federal registration is perfect. Plan routes accordingly, and check destination and layover rules if you fly.
The Suppressor Freedom Act Is Not a Legal Shield
HB 957 also created the Texas Suppressor Freedom Act, which declared that silencers manufactured and kept in Texas are “not subject to federal law or federal regulation.”10Texas Legislature Online. Texas House of Representatives Bill Analysis – HB 957 Federal authorities have never accepted the theory behind it. The ATF maintains the NFA applies to all silencers regardless of where they were made, no federal court has ruled otherwise, and at least one Texas man has been federally prosecuted after relying on the state law. Treat this provision as a political statement. If you build or buy a silencer in Texas without federal registration, you are exposed to federal prosecution.
Homemade Silencers and Constructive Possession
You are allowed to make your own silencer, but only after ATF approval on Form 1 (Form 5320.1). The making tax under 26 USC 5821 also dropped to $0 for silencers on January 1, 2026. Approval has to come first. Assembling a silencer before your Form 1 clears is a federal felony with the same penalties as any other unregistered NFA item.
There is a related trap called constructive possession. Federal courts have held that you do not need a fully assembled silencer to face charges. If you possess all or most of the parts to build one, and there is no legitimate alternative use for that combination, prosecutors can argue you constructively possess an unregistered silencer. This comes up most often with solvent traps whose end caps can be drilled out to work as suppressor baffles. A solvent trap plus a threaded adapter and no approved Form 1 is the fact pattern the ATF looks for. The safe rule: do not acquire silencer parts or kits until you already hold an approved Form 1 for the item you plan to build.
Penalties If You Skip Registration
Federal NFA violations are serious. Under 26 USC 5861, it is illegal to possess an unregistered NFA firearm, receive one transferred or made unlawfully, or move an unregistered one in interstate commerce.11Office of the Law Revision Counsel. 26 USC 5861 – Prohibited Acts The penalty is up to 10 years in federal prison and a fine of up to $10,000.12Office of the Law Revision Counsel. 26 USC 5871 – Penalties
The ATF can also seize and forfeit any NFA item involved in a violation. Miss the forfeiture notice deadline and the government keeps the item without a hearing. A conviction turns you into a prohibited person, so you lose the right to possess any firearm going forward.
The $200 tax was the most common reason people put off going through the process. That barrier is gone. Registration itself, and the consequences for skipping it, are exactly the same as before.