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The L and L Law Group team·Frisco, Texas

Texas unlawful silencer possession — Penal Code § 46.05

Texas unlawful silencer possession is a criminal offense under Penal Code § 46.05. Base conduct is classified as a third-degree felony; enhancements and aggravators can move the punishment range higher. Below: the controlling statute text, the full punishment range, common defense theories, and what to do if you have been charged in Collin, Dallas, Denton, or Tarrant County.

Published 2026-05-15 · Reviewed by Reggie London and Njeri London, Co-Founding Partners · Last reviewed: 2026-05-15
Controlling statute: Texas § 46.05(a)(6)
Classification: Third-degree felony (possession of unregistered silencer)
Punishment range: Third-degree felony: 2–10 years TDCJ and up to $10,000 fine. Concurrent federal charges under 26 U.S.C. § 5861(d) carry up to 10 years federal time and a $250,000 fine; the BATFE typically prosecutes when state declines.

The controlling statute

A firearm silencer (suppressor) is a prohibited weapon under Texas Penal Code § 46.05(a)(6) unless registered with ATF on Form 4 with the $200 tax stamp paid. The Texas statute incorporates the federal NFA definition by reference. Possession of a homemade "solvent trap," 3D-printed suppressor, or oil filter adapted to muffle a firearm — even one that has never been used — is a third-degree felony. Texas's 2021 Suppressor Freedom Act (HB 957) has been blocked by federal injunction.

Classification & punishment range

ElementDetail
StatuteTexas § 46.05(a)(6)
ClusterWeapons
ClassificationThird-degree felony (possession of unregistered silencer)
RangeThird-degree felony: 2–10 years TDCJ and up to $10,000 fine. Concurrent federal charges under 26 U.S.C. § 5861(d) carry up to 10 years federal time and a $250,000 fine; the BATFE typically prosecutes when state declines.
Last reviewed2026-05-15

Elements the State must prove

To convict on a Texas § 46.05(a)(6) charge, the State must prove every element beyond a reasonable doubt:

  1. Defendant intentionally or knowingly possessed a firearm silencer
  2. The device meets the statutory definition under 18 U.S.C. § 921(a)(24) and Penal Code § 46.01(4)
  3. Defendant lacked NFA registration (Form 4 approval) for the device
  4. Defendant knew or should have known the item was a silencer

Defense strategies

L and L Law Group, PLLC develops the following defense strategies on every Unlawful Silencer Possession case:

Enhancements & collateral consequences

Concurrent federal prosecution under the National Firearms Act (26 U.S.C. § 5861(d)) is common. Use of an unregistered suppressor during a drug-trafficking or violent crime triggers 18 U.S.C. § 924(c), adding a mandatory 30-year consecutive federal sentence. Manufacturing for sale elevates state exposure under § 46.05 to a second-degree felony in some circumstances.

Key Legal Terms

Silencer / Suppressor (§ 46.01(4))
Any device for silencing, muffling, or diminishing the report of a portable firearm; statutory definition incorporates 18 U.S.C. § 921(a)(24).
Form 4 Registration
ATF transfer-tax application required for civilian acquisition of an NFA item; includes $200 tax stamp, FBI background check, fingerprints, and CLEO notification.
NFA Gun Trust
Legal trust that holds NFA items and authorizes named trustees to possess and use them; common structure for suppressors and short-barrel firearms shared within a household.

Frequently Asked Questions

Are suppressors legal to own in Texas?
Yes, but only with federal NFA registration. The defendant must submit ATF Form 4, pay a $200 tax stamp, pass enhanced background screening, and wait for ATF approval (currently 4–9 months). Once approved, possession is fully legal under both state and federal law, with the tax stamp serving as a complete defense.
Is a solvent trap a suppressor in Texas?
A solvent trap kit — marketed as a firearm cleaning device — is legal to possess in its unmodified form. Drilling out the baffles, removing end caps, or threading the device for a firearm barrel converts it into a silencer and triggers § 46.05 felony exposure. ATF and Texas DPS both prosecute the conversion.
Does HB 957 (Suppressor Freedom Act) let me make my own suppressor in Texas?
No. HB 957 (2021) attempted to exempt Texas-made suppressors from federal regulation, but federal courts in U.S. v. Paxton enjoined enforcement. Federal NFA registration remains mandatory under both state and federal law. Texas-made suppressors without ATF approval are felonies in Texas and federally.
Can my spouse or children use my registered suppressor?
Only if the suppressor is held in an NFA Gun Trust naming the additional users as trustees. Direct individual registration limits possession to the registrant alone. Letting an unauthorized person possess or use a registered NFA item is constructive transfer and a federal felony under 26 U.S.C. § 5861(b).
What if I bought a suppressor in a state where it's legal and brought it to Texas?
Suppressor laws are governed by federal NFA registration, not state of purchase. If the suppressor is ATF-registered to you under Form 4, you may bring it to Texas. Unregistered suppressors are illegal in all 50 states under federal law and remain prohibited weapons under Texas § 46.05.

References & Authoritative Sources

  1. Texas § 46.05(a)(6)
  2. Texas CCP Chapter 42A — Community Supervision
  3. Texas Courts
  4. Texas Department of Public Safety
  5. Texas State Law Library

About the Authors

Reggie London

Co-Founding Partner · Texas Bar No. 24043514

Reggie London co-founded L and L Law Group with a focus on federal criminal defense, complex felony defense, and TEA/SBEC matters. Licensed in Texas, admitted to TXND and TXED.

Njeri London

Co-Founding Partner · Texas Bar No. 24043266

Njeri London co-founded L and L Law Group with a focus on DWI defense, family violence cases, and juvenile defense. Licensed in Texas, admitted to TXND and TXED.

Charged with Unlawful Silencer Possession? Talk to L and L Law Group.

Co-founding partners Reggie London and Njeri London personally handle every case. Free consultation. Frisco, Texas.

Call (972) 370-5060

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L&L Law Group represents clients across North Texas counties for DWI, assault, drug crimes, juvenile defense, outstanding warrants, bond reduction, and expunction matters.

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