Yes, Silencers Are Legal.
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HISTORY
“STUDY THE PAST IF YOU WOULD DEFINE THE FUTURE.” - CONFUCIUS
Hiram P. Maxim was born into a family of innovators. Both his father and uncle were well-known inventors, credited with many technological advances in the late 1800s and early 1900s. This spirit of progress and improvement on ideas took hold in young Hiram, and he pursued mechanical engineering at the Massachusetts Institute of Technology (MIT). He became a pioneer in ham radio components and automobiles through his work in several other industries before developing the technology for which he would come to be best known.
An avid outdoorsman, Hiram particularly enjoyed shooting and hunting. Often shooting in close proximity to neighbors and feeling sensitive to the nuisance he was creating, he contemplated the idea of applying the scientific principles of an automotive muffler to reduce the sound signature of a firearm. His iconic product was hugely successful and sold in hardware stores for $3.25. While Maxim himself called the product a “silencer,” it did not silence the firearm, only suppressed the sound of its report. Continued on next page.
OWNERSHIP Yes, Silencers Are Legal — And They Are Easy To Obtain Through Proper Channels. No, you do not need a license to purchase a silencer, but you do have to pay a one-time $200 tax for each silencer you purchase. You also must: • Be at least 21 years of age to purchase a silencer from a dealer • Be at least 18 years of age to purchase a silencer from an individual on a Form 4 to Form 4 transfer (contingent on state laws) • Be at least 18 years of age to possess a silencer as a beneficiary of a trust or as a member of a corporation • Be a resident of the United States • Be legally eligible to purchase a firearm • Pass a BATFE background check with a typical process time of 60-120 days • Reside in one of the 39 states that currently allow civilian ownership of silencers
Determine Whether or Not Your State Allows Silencer Ownership Silencers are legal but are regulated by federal law and on a state-by-state basis. The National Firearms Act (NFA) branch of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) ultimately controls any transfers; this branch registers all silencers. Individuals, corporations, and trusts can legally purchase and possess silencers in 39 states. However, if you are an FFL dealer, manufacturer, peace officer, or member of a law enforcement agency or other government agency, there are additional states where you can own a silencer. Refer to the map on the next page to see if suppressors are legal in your state.
39 STATES PERMIT SILENCER OWNERSHIP
LEGAL FOR HUNTING LEGAL FOR HUNTING VARMINT LEGAL FOR CITIZEN USE NOT LEGAL
HOW TO PURCHASE OVERVIEW
1.
Purchase a silencer from a dealer
2.
Submit the required paperwork and pay $200 tax stamp
3.
Wait for ATF approval
4.
Pick up your silencer
SilencerCo sells a $129.99 EasyTrust. For more information on how an NFA trust can help you #FightTheNoise, go to SilencerCo.com/EasyTrust.
INDIVIDUAL:
TRUST OR ENTITY:
1. Check or money order made payable to the Bureau of Alcohol, Tobacco, Firearms, and Explosives*
1. Check or money order made payable to the Bureau of Alcohol, Tobacco, Firearms, and Explosives*
2. Both copies of the completed Form 4’s
2. Both copies of the completed Form 4’s
3. Two fingerprint cards
3. A copy of your Trust’s Articles of Incorporation
4. CLEO Signature 5. Two passport photos 6. Completed Form 5330.20
*We recommend sending a check instead of a money order. When your check clears, you’ll know that your paperwork has been received and is in process.
According to the US Department of Defense, hearing damage is the #1 disability claimed by veterans, with claims totaling $2.26 billion annually.
BENEFITS
SUPPRESSORS MAKE EVERY ASPECT OF THE SHOOTING EXPERIENCE MORE ENJOYABLE.
Continued on next page.
Q&A Are Silencers Legal?
In most states, yes. Individuals, corporations, and trusts can legally own silencers in the following states: AL, AK, AZ, AR, CO, CT, FL, GA, ID, IN, KS, KY, LA, ME, MD, MI, MS, MO, MT, NE, NV, NH, NM, NC, ND, OH, OK, OR, PA, SC, SD, TN, TX, UT, VA, WA, WV, WI, and WY. For a complete and up-to-date listing of states where silencers are legal, visit: AMERICANSUPPRESSORASSOCIATION.COM
Is It Difficult to Obtain The Necessary Paperwork To Legally Own A Silencer?
No. It is a relatively simple process to submit Form 4 applications to own a silencer. Typically, it is no more involved than obtaining a concealed firearm permit in most U.S. states. The usual process includes submitting two Form 4’s, two sets of fingerprint cards, two passport photos, a citizenship declaration form, and a
signature from a chief law enforcement officer in your home jurisdiction. Check with your local SilencerCo dealer for more information or regional information. To locate a dealer, visit: WWW.SILENCERCO.COM/FIND-A-DEALER
My Local Chief Law Enforcement Officer Won’t Sign My Form 4. What Can I Do?
You can process a Form 4 without a chief law enforcement officer’s signature by means of an NFA Trust. There are many attorneys who have vast experience with this type of trust, and it is a relatively simple process. In fact, SilencerCo sells a 50-state legal EasyTrust for $129.99. For more information, go to: WWW.SILENCERCO.COM/EASYTRUST.
Do I Give Up Any Rights By Owning The Silencer, Such As Search And Seizure Rights?
No, you do not give up your guaranteed rights. You are simply the registered owner of an NFA item.
You will be the “registered owner” of that silencer, which is recorded on a “list.” But remember – Social Security Numbers, voter registration, and income taxes are all lists. From your birth, the government has had ways of identifying you. So relax, take a deep breath, and exercise your right to buy a silencer.
other place where he or she may lawfully possess it, if the firearm is unloaded and locked out of reach. In vehicles without a trunk, the unloaded firearm shall be in a locked container other than the glove compartment or console. Ammunition that is either locked out of reach in the trunk or in a locked container other than the glove compartment or console is also covered. FOPA also provides for necessary stops, like gasoline and rest. Other BATFE regulations require a temporary permit for machine guns or short barrel rifles to travel across state lines.
Can I Sell My Silencer After I Buy It, Or Am I Stuck With It Forever?
How Long Does It Take To Do The Paperwork?
Does Owning A Silencer Put Me On A Government “List?”
Yes. You can sell it, but the transfer must be done in accordance with all regulations.
Can I Take My Silencer Across State Lines?
Under The Firearms Owners Protection Act, notwithstanding any state or local law, a person is entitled to transport a firearm from any place where he or she may lawfully possess such firearm to any
It varies based on BATFE NFA branch workload, but it can take as long as 9-12 months. It also tends to move quicker if you are applying using a trust.
How Much Is The Tax Stamp? $200 for each suppressor.
Are There Any Recurring Fees? No. You pay a one-time $200 tax.
CONTACT If you have any further questions about the legality of silencers or how to purchase, please contact us: SILENCERCO, LLC 5511 SOUTH 6055 WEST WEST VALLEY CITY, UT 84118 801.417.5384 INFO@SILENCERCO.COM
We’re at the outset of a major movement. #FightTheNoise gives us all a chance to speak out against the oppression of a burdensome system, and a public that accepts an inherent falsehood. Guns do not in fact need to be loud, and those that enjoy that right have the responsibility to stand up and call for decreased regulation and increased protection. Visit WWW.SILENCERCO.COM to find out how you can join us as we #FightTheNoise.
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