Ever wondered how to legally acquire a gun silencer or suppressor in the United States? While silencers often conjure up images from spy movies or action thrillers, they're actually practical accessories with a growing interest among gun owners for recreational shooting, hunting, or simply for noise reduction at shooting ranges. Here’s a comprehensive guide on how to buy a gun silencer legally, ensuring you're always on the right side of the law.
1. Understanding the Legal Framework
Before embarking on the purchase of a gun silencer, it’s essential to understand the National Firearms Act (NFA) of 1934. This act, along with subsequent legislation like the Gun Control Act (GCA) of 1968 and the Firearms Owners’ Protection Act (FOPA), governs the ownership of suppressors.
- NFA Items: Silencers, along with short-barreled rifles, short-barreled shotguns, machine guns, and destructive devices, are classified as NFA items.
- Tax Stamps: A $200 tax stamp is required for each silencer owned, paid once for each device.
- States Laws: While federal law allows for suppressors, several states have their own regulations, some prohibiting their use entirely.
2. Eligibility Requirements
To legally own a silencer, you need to meet certain criteria:
- Age: You must be at least 21 years old to apply for a silencer.
- Background Check: You’ll need to pass an FBI background check through the National Instant Criminal Background Check System (NICS).
- No Criminal Record: Individuals with felony convictions or domestic violence convictions are not eligible.
- Residency: Non-residents may not own NFA items, though some exceptions exist for visitors with a CBP Form 4457.
⚠️ Note: Certain states or local jurisdictions might have additional restrictions or requirements for NFA items.
3. The Legal Process
Acquiring a gun silencer involves a meticulous process:
- Finding a Dealer: Locate a Class 3 Federal Firearms Licensee (FFL) or Special Occupational Taxpayer (SOT) who can handle NFA transfers.
- Application: Fill out Form 4 (ATF Form 5320.4) with the necessary information, including the silencer’s details and your personal information.
- Pay the Tax: Submit the $200 tax stamp along with your application.
- ATF Approval: Wait for the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to process your application, which typically takes 6-12 months or longer.
- Engraving: Once approved, the silencer must be engraved with your name and the city and state where you live.
4. Registration and Ownership
Upon receiving ATF approval, you must:
- Register: The silencer will be registered in your name with the ATF.
- Secure Storage: Ensure the silencer is stored securely to prevent unauthorized access.
- Transport: Understand federal and state laws on transporting suppressors across state lines.
5. Buying Used Suppressors
The process for buying a used suppressor is similar, but involves:
- Form 4 Transfer: The new owner must also fill out and submit Form 4.
- New Tax Stamp: You’ll still need to pay the $200 tax, even if the silencer has already been registered to someone else.
- Dealer Involvement: Both parties will need to interact with an FFL dealer for the transfer.
Acquiring a gun silencer is not just a purchase but a journey through legal requirements. Understanding federal and state laws, ensuring eligibility, and following the registration process meticulously are key to legally owning this noise-reducing accessory. By approaching this with patience, knowledge, and compliance, you can enjoy your shooting activities with added safety and comfort, keeping in line with the spirit of responsible gun ownership.
Is it legal to own a silencer in all states?
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No, several states have laws prohibiting the ownership of silencers, including California, Delaware, Hawaii, Illinois, Massachusetts, New Jersey, New York, Rhode Island, and Washington, D.C.
How long does it take to get approved for a silencer?
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Approval times for Form 4 applications can range from 6 to 12 months or more, depending on the backlog at the ATF and the accuracy of your application.
Can I sell or transfer my silencer to someone else?
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Yes, but you must follow the same process as purchasing a new silencer, including submitting Form 4 and obtaining ATF approval for the new owner. The new owner will need to pay a new $200 tax stamp.
What are the benefits of using a silencer?
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Benefits include reduced noise (important for hearing protection and noise pollution), reduced recoil, and less muzzle flash, making shooting more comfortable and less startling to game animals when hunting.
Can I use my silencer on different firearms?
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Yes, provided the silencer is compatible with the firearm. Ensure that the use of the silencer does not cause the firearm to be considered a short-barreled rifle or shotgun, which has its own set of regulations.
