The Firearm Suppressor Laws in the US

The sharp crack of a gunshot is an unmistakable sound, often dramatized in Hollywood films. Equally dramatic is the quiet 'pfft' of a silenced pistol, used by movie spies and assassins to dispatch foes without alerting a soul. But like many things in Hollywood, the reality of firearm suppressors is far different. Often called 'silencers' or 'cans,' these devices don't eliminate the sound of a gunshot; they reduce it. Think of it less like a magical mute button and more like a car's muffler for your firearm. Owning one is legal for most Americans, but it involves navigating a web of federal and state firearm suppressor laws established by the National Firearms Act (NFA). This guide will demystify the process, explaining exactly what it takes to legally buy, own, and sell a suppressor in the United States, making sure you have all the information you need before looking at guns for sale.

What Exactly is a Firearm Suppressor?

A firearm suppressor is a muzzle device that reduces the sound intensity and muzzle flash of a gunshot. It works by trapping and slowing the high-velocity propellant gases that exit the barrel behind the bullet. This controlled release of gas lowers the sound pressure, making the shot significantly quieter. However, the term 'silencer,' which was patented by Hiram Percy Maxim in the early 1900s, is a misnomer. A suppressor does not silence a firearm. The sound of a gunshot is composed of two main elements: the muzzle blast (gases escaping) and the sonic boom of the bullet breaking the sound barrier. A suppressor only affects the muzzle blast. For a truly quiet shot, one must use subsonic ammunition, which travels below the speed of sound and thus does not create a sonic boom. Even then, the mechanical action of the firearm itself still produces noise.

"There is no evidence of a single crime committed with a legally owned suppressor."
– Knox Williams

The National Firearms Act (NFA) and Suppressors

The primary piece of legislation governing suppressors is the National Firearms Act of 1934. The NFA was enacted to regulate specific categories of firearms and devices, including machine guns, short-barreled rifles (SBRs), short-barreled shotguns (SBSs), and suppressors. The law doesn't prohibit ownership but instead requires a rigorous application process and registration with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). This includes a thorough background check and the payment of a one-time $200 tax stamp for the transfer of the device. This tax has remained unchanged since 1934, when $200 was a prohibitive amount for most people, equivalent to over $4,000 today. The NFA's strict regulations are a major topic of debate, with many gun rights advocates arguing that these rules are outdated and infringe on Second Amendment rights. We explore this topic more in our article, Dismantling the NFA: A Bold Step for Gun Rights.

Step-by-Step Guide: How to Legally Buy a Suppressor

Buying a suppressor is a straightforward, albeit lengthy, process. It requires patience and attention to detail. Here is a breakdown of the steps involved:

Step 1: Find a Class 3 Dealer (SOT)

First, you need to find a firearms dealer who holds a Special Occupational Tax (SOT) status, often referred to as a Class 3 dealer. These are the only dealers legally authorized to handle the transfer of NFA items like suppressors. You can find a local SOT dealer through online directories or by asking at your local gun store. American Gun Trader's FFL dealer finder can be an invaluable tool for this. Understanding the different types of federal licenses can be helpful, which is why we wrote The 5 FFL License Types You Need To Know.

Step 2: Choose Your Suppressor

Once you've located a dealer, you can choose the suppressor that fits your needs. Consider factors like the caliber of your firearm, the mounting system, the materials, and the level of sound reduction. You can purchase a suppressor directly from your dealer's inventory or order one online and have it shipped to your local SOT dealer for the transfer process.

Step 3: The ATF Form 4

This is the most critical part of the process. You and your dealer will complete an ATF Form 4, Application for Tax Paid Transfer and Registration of Firearm. This form can be submitted electronically via the ATF's eForms portal or by mail. The eForms system is generally faster. You will need to provide:

• Your personal information (name, address, etc.)
• A recent passport-style photograph
• A set of fingerprints (can be done electronically or with traditional ink cards)
• Information about the suppressor (serial number, manufacturer, etc.)

Step 4: The NFA Tax Stamp

Along with your Form 4, you must pay the $200 tax stamp fee. This payment is made directly to the ATF. Once your application is approved, you will receive your tax stamp, which is proof of your legal registration of the suppressor.

Step 5: The Waiting Game

After submitting your Form 4 and payment, the waiting begins. ATF processing times for Form 4 applications can vary significantly, from a few months to over a year. You can check current wait times on the ATF's website or through various online forums. During this period, the suppressor remains in the possession of your SOT dealer. Once your application is approved and the tax stamp is issued, your dealer will notify you, and you can finally pick up your suppressor.

Buying as an Individual vs. a Trust

When filling out your Form 4, you have the option to register the suppressor to yourself as an individual or to a legal entity like a gun trust. Each has its advantages:

• Individual Ownership: This is the simplest method. Only you can legally possess and use the suppressor. No one else, not even a spouse or family member, can have it in their possession without you being present.
• Gun Trust: A gun trust allows you to add multiple 'trustees' (responsible persons) who can legally possess and use the NFA items owned by the trust. This is a popular option for families or groups who want to share access to the suppressor. Each trustee must still submit fingerprints and a photograph and undergo a background check.

Where is it Legal to Own a Suppressor?

While suppressors are legal under federal law, some states have their own restrictions. It's crucial to know your state and local laws before starting the purchasing process.

States Where Suppressors are Legal

Currently, 42 states permit the private ownership of suppressors. These states are: AL, AK, AZ, AR, CO, CT, FL, GA, ID, IN, IA, KS, KY, LA, ME, MD, MI, MN, MS, MO, MT, NE, NV, NH, NM, NC, ND, OH, OK, OR, PA, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY.

States Where Suppressors are Illegal

The following states and districts prohibit private ownership of suppressors:

• California
• Delaware
• Hawaii
• Illinois
• Massachusetts
• New Jersey
• New York
• Rhode Island
• District of Columbia

Using Your Suppressor: Where and How

Once you legally own a suppressor, you can use it for any lawful purpose, including target shooting and hunting. Most states that allow suppressor ownership also permit their use for hunting. Using a suppressor while hunting helps protect the shooter's hearing without the need for bulky ear protection, reduces noise pollution, and can make the hunting experience more enjoyable. For more information on hunting regulations, you can check with organizations like the American Suppressor Association.

Selling a Suppressor: The Legal Process

If you decide to sell your suppressor, you must follow a legal transfer process similar to the one you followed to buy it. The process of how to sell a gun, especially an NFA item, is strict. You cannot simply hand it over to another person. The transfer must be processed through the ATF.

• To an Individual in Your State: The buyer must complete a Form 4, submit fingerprints and photos, pay the $200 tax stamp, and wait for ATF approval before you can transfer the suppressor to them.
• To an Individual in Another State: The transfer must first go to an SOT dealer in the buyer's state on a tax-free Form 4. The buyer then completes another Form 4 with their local dealer and pays the $200 tax.
• To a Dealer: You can sell or transfer your suppressor to an SOT dealer using a Form 4. This is often the simplest way to sell an NFA item.

Conclusion: Are Suppressors Worth the Hassle?

The process of buying a suppressor involves paperwork, a fee, and a long wait. However, for many firearm enthusiasts, the benefits are well worth it. Suppressors make shooting a more pleasant and safer experience by protecting hearing, reducing recoil, and improving accuracy. They are valuable tools for hunting, training, and home defense. While the process might seem daunting, don't let the paperwork be a gun-trader-stopper. By understanding the laws and following the steps correctly, you can legally and safely enjoy the benefits of shooting with a suppressor. Ready to start the process? Use the tools at American Gun Trader to find a local FFL dealer and explore the wide world of firearms and accessories. For dealers, becoming a verified FFL vendor on our platform unlocks premium features like listing items as 'New' and showcasing your shipping and return policies, building trust with buyers nationwide.