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Texas Suppressor Laws in 2026: Buying a Can in the Lone Star State

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Texas did the hard part years before Washington did. Since 2021, state law hasn't treated a suppressor as a prohibited weapon at all, so ATF's October 9, 2026 decision to stop enforcing NFA registration lands in Texas with no state-law catch. Here's what changed, what the "Made in Texas" law really did, and the rules for taking a can hunting.

Not legal advice. This page summarizes Texas statutes, agency rules and federal guidance as of the date above. Local rules, property restrictions and your own circumstances can matter. Check with your dealer or a Texas attorney if you're unsure.

The short answer

How Texas got here

Before 2021, Penal Code § 46.05 made it a crime to possess a firearm silencer unless it was a curio or relic or was possessed in compliance with federal law. That's the same kind of federal tie that is now causing headaches in Arizona, Ohio and Michigan.

HB 957 removed silencers from that list. The current text of § 46.05 covers explosive weapons, machine guns, armor-piercing ammunition, chemical dispensing devices, zip guns, tire deflation devices and improvised explosive devices. Suppressors aren't there. Short-barrel firearms aren't either: SB 1596 (89th Legislature) removed them effective September 1, 2025.

What the "Made in Texas" law did, and didn't do

HB 957 also added Chapter 2 to the Government Code, and that part gets misread. Section 2.052 declares that a suppressor "manufactured in this state and remains in this state is not subject to federal law or federal regulation, including registration," on the theory that Congress's commerce power doesn't reach a purely intrastate item. Section 2.053 requires such cans to be stamped "Made in Texas," and § 2.054 told the Attorney General to seek a declaratory judgment that the law was constitutional.

That lawsuit didn't produce the ruling Texans wanted. In Paxton v. Dettelbach, No. 23-10802 (June 21, 2024), the Fifth Circuit affirmed dismissal for lack of standing. It never upheld § 2.052, and a state statute can't exempt anyone from federal law on its own say-so. Until October 9, 2026, a Texas-made can still needed federal registration like any other.

The other half of Chapter 2 is more practical. Section 2.102 bars state agencies, cities, counties, sheriffs, police departments and district attorneys from enforcing any federal rule on suppressors that "imposes a prohibition, restriction, or other regulation that does not exist under the laws of this state." In plain terms, Texas and local police don't enforce federal suppressor rules that Texas law doesn't share.

How the federal October 9 change fits in

ATF's October 9, 2026 open letter says it will no longer require approval or registration to make or transfer suppressors, SBRs, SBSs and AOWs, for anyone. The tax has been $0 since January 1, 2026. In states with registration-tied laws, that creates a state-law question. In Texas it doesn't, because there's no state suppressor law left for registration to satisfy.

What still applies is federal Gun Control Act law:

ATF still accepts voluntary Form 4 and Form 1 filings. Texas law doesn't make you file one. Some owners will anyway, to document the acquisition in case federal enforcement policy changes, or before traveling with the can to a state whose law references registration.

Hunting with a suppressor in Texas

TPWD's Outdoor Annual, under the general means-and-methods rules, is short and clear: "Suppressors (aka 'silencers'): may be used to take any wildlife resource; however, all federal, state and local laws continue to apply." That covers game animals, game birds and nongame species, subject to the normal legal-firearm and ammunition rules for each species and season.

Two practical notes:

Traveling with a Texas can

ATF has stopped enforcing the NFA's interstate-transport rule for unregistered suppressors, but that doesn't make the can legal where you're going. The destination state's law controls. Every state on your route has its own statute, so check each one before you drive. SBRs and SBSs are different: ATF's fact sheet says that "For now," they still need an approved Form 20 to cross state lines.

Bottom line for Texas buyers

Texas is about as simple as it gets in 2026: pick a can, go to a Texas dealer, fill out the 4473 and pass NICS. Filing a voluntary Form 4 is your call, not the state's. Start with our new suppressors of 2026 list, and see the national suppressor buying guide for the federal details.

Frequently asked questions

Are suppressors legal in Texas without NFA registration?
Texas law doesn't regulate suppressors. HB 957 removed them from Penal Code 46.05 effective September 1, 2021. Since ATF's October 9, 2026 guidance, federal law as enforced doesn't require registration either, though a Form 4473 and background check still apply.
Does the Made in Texas suppressor law exempt Texas-made cans from federal law?
Not on its own. Government Code 2.052 claims that, but the Fifth Circuit dismissed Texas's suit for lack of standing in Paxton v. Dettelbach (2024) without upholding it. The practical change for Texans came from ATF's October 9, 2026 nonenforcement policy.
Can you hunt with a suppressor in Texas?
Yes. TPWD says suppressors may be used to take any wildlife resource, provided all federal, state and local laws are followed.
How old do you have to be to buy a suppressor in Texas?
21 from a licensed dealer, under federal law (18 U.S.C. 922(b)(1)).

Sources

  1. Texas Penal Code ch. 46, incl. § 46.05 (prohibited weapons)
  2. HB 957 (87R) bill analysis
  3. Texas Government Code ch. 2 (firearm suppressor regulation, §§ 2.052–2.102)
  4. SB 1596 (89R) enrolled text (short-barrel firearms)
  5. Paxton v. Dettelbach, No. 23-10802 (5th Cir. 2024)
  6. TPWD Outdoor Annual: means and methods (suppressors)
  7. ATF: Update to NFA Transfer Guidance and FAQ (page last updated Oct. 16, 2026)
  8. ATF Open Letter, Oct. 9, 2026 (PDF)
  9. ATF fact sheet: NFA Guidance: Liberty and Justice for All (PDF; undated, linked from the guidance page last updated Oct. 16, 2026)

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