ATF Says Made in Texas Silencer Law is Invalid
July 28, 2021
In a letter to all Texas-based FFL’s the ATF has stated that Texas House Bill 957 (HB957), regarding silencers and has an effective date of September 1, 2021, is invalid. The bill which passed in Texas exempted silencers made in the state from being registered with the ATF. However today the ATF said the law is invalid. In the letter they state:
“HB957 directly conflicts with federal firearms laws and regulations, federal law supersedes HB957. In summary, all provisions of the Gun Control Act (GCA) and the
National Firearms Act (NFA), including their corresponding regulations, continue to apply to FFLs and other persons in Texas.”
Basically, you still have to follow federal law and purchase a tax stamp if you intend to own a silencer in Texas. The full letter can be read below or click the link here.
OPEN LETTER TO ALL TEXAS FEDERAL FIREARMS LICENSEES
The purpose of this letter is to provide guidance on your obligations as a federal firearms licensee (FFL) in Texas. The following guidance is intended to assist you in accomplishing this goal. This letter does not impose any new obligations. It merely confirms the continuing applicability of existing federal obligations.
The passage of Texas House Bill 957 (HB957), with an effective date of September 1, 2021, has generated questions from industry members as to how this state law may affect them while engaged in a firearms business activity. HB957 claims to exempt silencers (also known as suppressors) that are manufactured in Texas, and which remain in Texas, from Federal firearms laws and regulations, including the federal registration requirements. However, because HB957 directly conflicts with federal firearms laws and regulations, federal law supersedes HB957. In summary, all provisions of the Gun Control Act (GCA) and the
National Firearms Act (NFA), including their corresponding regulations, continue to apply to FFLs and other persons in Texas.
As you know, 18 U.S.C. § 923 requires a license to engage in the business of manufacturing or dealing in firearms, even if the firearms remain within the same state. All firearms
manufactured by a licensee must be properly marked. Additionally, pursuant to 27 CFR § 478.123, each licensee must record the type, model, caliber or gauge, and serial number of each firearm manufactured or otherwise acquired, and the date such manufacture or other acquisition was made. The required information must be recorded in the licensee’s records not later than the seventh day following the date such manufacture or other acquisition was made.
In addition to possessing a license under the GCA, 26 U.S.C. § 5801 requires an FFL
engaged in the business of manufacturing or dealing in NFA firearms, including silencers, to pay a special occupational tax. Furthermore, an approved ATF Fo rm 4 and Firearms
Transaction Record (ATF Form 4473) is required prior to the disposition of an NFA firearm (which under the NFA expressly includes a silencer) to an unlicensed person. The approved Form 4 indicates registration of the firearm/silencer to the transferee in the National Firearms Registration and Transfer Record. These federal requirements apply regardless of whether the NFA firearm/silencer has crossed state lines.
If you have any questions regarding the federal firearms laws and regulations, please contact your local ATF office. ATF works closely with the firearms industry and appreciates the important role the industry plays in combating violent crime.
A listing of ATF office phone numbers can be found at https://www.atf.gov/contact/atf-field- divisions.
Alphonso Hughes Assistant Director
Enforcement Programs and Services
Jeremy Mallette is co-founder of International Sportsman. An avid hunter and outdoorsman, he has spent more than a decade in the outdoor industry, from hiking and camping to silencers and hunting. His father taught him to shoot at age six, and he received his first firearm at age eight — a 1942 Colt Commando .38 special revolver. He enjoys yearly trips to Kansas for pheasant hunting, spending time with his children at the deer lease, and collecting unique firearms.