Yes. Owning a firearm silencer, commonly called a suppressor, is generally legal in Texas, but federal law continues to regulate silencers. Texas removed silencers from its list of prohibited weapons in 2021 and separately created rules for certain suppressors manufactured and remaining within Texas. However, federal National Firearms Act (NFA) requirements remain important for most suppressors.
Does Texas Law Prohibit Silencers?
Texas does not generally prohibit the possession of firearm suppressors. Before 2021, Texas Penal Code §46.05 prohibited possession, manufacture, transportation, repair, or sale of a firearm silencer unless the conduct complied with federal law or another statutory exception applied.
House Bill 957, effective September 1, 2021, removed firearm silencers from the prohibited-weapons list. The legislation also eliminated the former Penal Code definition of “firearm silencer” and created a separate statutory framework concerning firearm suppressors manufactured in Texas.
Therefore, simply owning a suppressor is not generally a Texas criminal offense.
What Is a Firearm Suppressor?
Texas Government Code §2.001 defines a “firearm suppressor” as a device designed, made, or adapted to muffle the report of a firearm. The statute also establishes a legal framework for suppressors manufactured within Texas.
Federal law uses similar terminology. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) explains that the federal definition can include devices designed to silence, muffle, or diminish the report of a portable firearm, as well as certain combinations of parts intended to assemble a silencer.
Does Federal Law Still Apply?
Yes. This is one of the most important points for Texas residents.
Federal law continues to classify silencers as NFA firearms. The ATF identifies “any silencer” as an item regulated under the National Firearms Act. Federal requirements concerning registration and approved transfers therefore remain relevant even though Texas no longer generally bans suppressors.
A Texas resident should not assume that the repeal of the state prohibition eliminated federal regulation.
Is the $200 Suppressor Tax Still Required?
The federal tax treatment changed in 2026. Under the federal legislation enacted in 2025, the NFA tax for making or transferring a silencer was reduced to $0, effective for the applicable calendar quarters beginning more than 90 days after enactment. ATF subsequently amended its regulations to reflect the statutory change.
However, the elimination of the tax does not automatically eliminate other federal NFA requirements. Congressional Research Service analysis explains that the 2026 change reduced the tax to zero for silencers but did not eliminate other NFA requirements, including registration.
What About Registration?
Registration remains a major federal consideration. ATF states that NFA firearms, including silencers, are subject to registration requirements. The approved application serves as evidence of registration for an NFA firearm.
A person should therefore verify that a suppressor has been lawfully registered and that any transfer or manufacture has received the required federal approval before taking possession.
What About Suppressors Made in Texas?
Texas law provides a special framework for a firearm suppressor manufactured in Texas from basic materials and remaining in Texas. Government Code Chapter 2 states that qualifying suppressors manufactured and remaining in the state are not subject to federal law or regulation under the Texas statutory framework.
This provision has significant legal implications, but it should not automatically be interpreted as overriding federal law in every circumstance. Federal jurisdiction and constitutional questions can be complex, particularly if a suppressor involves interstate commerce or federally regulated components.
Can You Use a Suppressor for Hunting?
Owning a suppressor and using one while hunting are separate legal questions. Texas hunting regulations govern lawful methods of take, seasons, species, and other hunting requirements. A person should verify the current Texas Parks and Wildlife rules applicable to the particular hunt rather than assuming that lawful possession makes every use lawful.
Can a Suppressor Be Taken Across State Lines?
Interstate transportation can introduce additional legal considerations because both federal law and the laws of the destination state may apply. A suppressor that is lawful in Texas may be subject to different rules elsewhere.
Anyone transporting an NFA-regulated item across state lines should verify the applicable federal and state requirements before traveling.
Conclusion
It is generally legal to own a silencer in Texas. Texas removed firearm silencers from its prohibited-weapons list in 2021, and state law provides a specific framework for certain suppressors manufactured within Texas.
Nevertheless, federal law remains highly relevant. Silencers continue to fall within the NFA framework, and although the federal tax on silencer making and transfers became $0 in 2026, registration and other federal requirements were not generally eliminated.
