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 Form 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.

So basically the state law is worthless.

Yes. Some of us have been saying that all along.

Just like the states that legalize weed. Federal law says it’s illegal but feds allow it so we are where we are now. Question is do ya really think feds would allow it to go unchecked?
Uh no

Any volunteers to test it?

It is worthless...unless Texas goes to court over it and wins. Then it won't be worthless.

Yes it is and I said it was from the day it was introduced.

Go ahead and send me one.

State resources and personnel will not be used to enforce the federal law but....the feds are going to have all the information the need to come knock on your door if they so decide to.

Exactly. And nothing prevents them from enforcing federal law.

So, the state legislation changed nothing. It was just symbolic.

Texas can't win that fight. It's been clear for 200 years that federal law supercedes state.

From what I have read, worthless or not, this type of law operates on the legal premise that an item made in state, and kept in state is exempt from the Feds because of the Interstate Commerce Clause. However, I read of court cases that stretched the concept by saying, well, you bought this item which kept you from buying one that is regulated by interstate commerce (which is under the purview of the feds), so by proxy you somehow engaged in interstate commerce by avoiding it. I am not a lawyer, nor do I play one on TV, but I like researching the legal arguments on certain things.

Of course the ATF would send out an email like that. They want to keep their control, even if it means bluffing until someone is brave enough to call them on it.

This video reiterates what I was talking about. However, this guy actually is a lawyer and got hired on by FPC not long ago.

Anybody who thinks this will work needs to ask a few dealers in Wyoming. When their state passed a law stating that no federal laws need to be obeyed if a firearm was built in the state and purchased by a resident.
Several got in deep trouble quick.

Texas set it up differently than the other states. What they are doing and what they made provision for in the bill is for someone who wants to make a suppressor to reach out the the state AG so they can file a case in federal court to get a court to rule on the validity of the Texas law. Even the state is advising not to run afoul of federal law until the court has a chance to weigh in.

So, HB 957 was step one. Litigation at the Federal level is step two.