Short answer (checked 21 October 2026): suppressors are legal for civilians to own in 42 states. They are banned in California, Delaware, Hawaii, Illinois, Massachusetts, New Jersey, New York and Rhode Island (statutes below). Since October 9, 2026, ATF no longer enforces federal NFA registration for suppressors, but ATF says that does not override state law: a ban state is still a ban state, and some legal states only allow suppressors that are lawful or registered under federal law.
General information, not legal advice. Check your state's current law and any local rules.
Suppressor legality by state
| State | Status | Statute |
|---|---|---|
| California | Banned (felony to possess) | Penal Code 33410 |
| Delaware | Banned (destructive weapon) | 11 Del. C. 1444(a)(3) |
| Hawaii | Banned | HRS 134-8(a) |
| Illinois | Banned | 720 ILCS 5/24-1(a)(6) |
| Massachusetts | Banned, including parts | G.L. c.269 s.10A |
| New Jersey | Banned | N.J.S. 2C:39-3(c) |
| New York | Banned | Penal Law 265.02(2) |
| Rhode Island | Banned | R.I. Gen. Laws 11-47-20 |
| The other 42 states | Legal to own | Check for state registration or federal-compliance wording |
Statute text was read on each state's official code site (Justia for New Jersey) on 21 October 2026. The count of 42 states is the American Suppressor Association's. Law-enforcement and licensed-manufacturer exceptions exist in several of these statutes.
Why are suppressors illegal in some states?
Federal law has regulated suppressors since the National Firearms Act of 1934, which taxed and registered them. The eight ban states go further and prohibit civilian possession outright in their own criminal codes: California makes it a felony, and Massachusetts extended its ban in 2024 to parts intended to build one. Other states have moved the other way: Texas removed silencers from its prohibited-weapons law in 2021, and the ASA counts 19 states that have legalized suppressor hunting since 2011.
What the October 2026 ATF change means for your state
ATF stopped enforcing NFA approval and registration for suppressors on October 9, 2026, after the tax was cut to $0 and a federal court ruled in Silencer Shop Foundation v. ATF. Two things follow:
- Ban states are unchanged. ATF says its guidance does not supersede state and local laws.
- Some legal states tie legality to federal law. Where a state allows a suppressor only if it is registered or lawfully possessed under federal law, registering it with ATF (still accepted, at $0) is the safe choice. See how to buy a suppressor in 2026 and ATF's guidance.
Is a suppressor legal in Texas?
Yes. Texas removed the firearm silencer definition from its Penal Code weapons chapter in 2021 (HB 957), and silencers no longer appear among its prohibited weapons. Federal rules and dealer background checks still apply.
For how a suppressor works and what one costs, see how suppressors work and compare suppressors.
Legal where you live? Compare the best 5.56 suppressors for your AR-15.
Frequently asked questions
Which states ban suppressors?
California, Delaware, Hawaii, Illinois, Massachusetts, New Jersey, New York and Rhode Island, as of 21 October 2026.
How many states allow suppressors?
42, according to the American Suppressor Association.
Are suppressors legal in Texas?
Yes. Texas removed silencers from its prohibited-weapons law in 2021.
Did the October 2026 ATF change make suppressors legal everywhere?
No. It stopped federal NFA enforcement, but state bans still apply, and ATF says its guidance does not supersede state law.
Why are suppressors illegal in some states?
Those states ban civilian possession in their own criminal codes, separate from the federal NFA.
Can I hunt with a suppressor?
In many states that allow ownership, yes; the ASA counts 19 states that legalized suppressor hunting since 2011. Check your state's hunting rules.
