Acquiring a suppressor, commonly known as a silencer, legally involves navigating a series of specific procedures and regulations, primarily set by the federal government in the United States. This guide will detail the steps you need to follow to purchase and own a suppressor while staying compliant with the law.
Understanding the National Firearms Act (NFA)
The possession and transfer of suppressors are regulated under the National Firearms Act (NFA) of 1934. This act is enforced by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Here are the key points you need to know:
- Class 3 Firearm Classification: Suppressors are classified as Class 3 firearms.
- Tax Stamp: You need to pay a one-time tax of $200 for the approval to transfer a suppressor.
- Background Check: An in-depth background check is required, facilitated through the NFA application process.
Steps to Legally Acquire a Suppressor
-
Determine Your Eligibility
First, ensure you are legally allowed to own firearms:
- Be at least 21 years of age.
- Not be a prohibited person (e.g., felon, illegal immigrant, etc.).
-
Choose the Type of Trust or Individual
Decide whether you want to purchase the suppressor as an individual or set up an NFA Trust:
- Individual: Simplest but only you can possess the suppressor.
- NFA Trust: More complicated but allows for multiple trustees to lawfully possess the suppressor.
-
Find a Dealer
Locate a Class 3 firearms dealer or gun shop that deals in NFA items:
- Ensure they are legally licensed to sell suppressors.
-
Choose Your Suppressor
Select the suppressor that fits your needs regarding caliber, size, and sound reduction:
- Most dealers provide a range of suppressors for different firearms.
-
Submit Form 4
Complete and submit ATF Form 4 (Application for Tax Paid Transfer and Registration of Firearm):
- Individual: You will need to provide fingerprints, photos, and chief law enforcement officer (CLEO) notification.
- NFA Trust: Generally, only trustees need to submit fingerprints and photos, but no CLEO notification is required.
-
Pay the Tax
Submit the $200 tax payment along with Form 4:
- The payment must be in the form of a check or money order.
-
Wait for Approval
After submission, wait for the ATF to process your application:
- This can take several months due to the detailed background check.
- Once approved, the approval is known as the "tax stamp".
-
Take Possession
Upon receiving your approved tax stamp, take possession of your suppressor:
- Ensure all local and state laws are also followed regarding suppressor ownership.
Additional Considerations
- Legal Compliance: Understand and comply with all local, state, and federal laws concerning suppressors.
- Manufacture and NFA Weapons: Manufacturing a suppressor also falls under NFA regulations, requiring the same process.
- Interstate Commerce: Transferring a suppressor across state lines requires both parties to adhere to the NFA and state laws.
⚠️ Note: Remember that owning and using a suppressor can be a felony if not done legally.
Final Thoughts
Acquiring a suppressor is a process that demands patience and careful adherence to the law. From understanding the NFA to correctly completing and submitting forms, every step is crucial to ensure legal possession. Keeping abreast of any changes in legislation and maintaining compliance with all firearms-related regulations are key to enjoying the benefits of a suppressor without legal repercussions.
Can I buy a suppressor in any state?
+
While federal law allows suppressor ownership with NFA compliance, several states have additional regulations or outright bans. Always check your local laws before attempting to buy or possess a suppressor.
How long does the approval process usually take?
+
The wait time can vary, often taking anywhere from 6 to 12 months, depending on ATF workload and the complexity of your background check.
Can I transfer ownership of a suppressor?
+Yes, but it requires another Form 4 transfer and the new owner must also go through the approval process, including paying the tax stamp fee.
What happens if my application is denied?
+Your application could be denied for various reasons like incomplete information or an unfavorable background check. You will receive a notice from the ATF explaining the denial.
