Modern Rifle Suppressors — What You Need to Know
In our recent story on the 2010 Steel Safari in New Mexico we included photos of tactical rifles fitted with suppressors (sound moderators). Whenever we show photos of suppressor-equipped rifles, some readers ask: “Why did you show silencers in that article — aren’t they illegal?”
J. Holdsworth ranges a target at the 2010 Steel Safari. Holdsworth finished 3rd overall in the main match.
In fact, sound moderators, also known as “suppressors”, “silencers”, or “cans”, are legal to own in most of the fifty U.S. States. You have to pay a special tax, fill out some official paperwork, and submit fingerprints. And the suppressor must be transferred through a Class III SOT Federal Firearms License-holder (FFL). In this article, tactical shooter Zak Smith explains the basic regulations concerning suppressors. Zak, whose company Thunder Beast Arms Corp., makes a line of advanced sound moderators, also explains the many benefits of modern suppressors.
What You Need to Know about Suppressors
by Zak Smith
Despite common perceptions, silencers are not illegal in the United States. That is, unless you live in CA, DE, HI, MA, MI, MN, MO*, NJ, NY, RI, or VT. If you live in one of those states you’re out of luck. Sorry! Try to elect better politicians.
For the rest of us in the Free United States, sound suppressors — also called silencers — can be owned legally by private citizens provided a little extra paperwork is filled out and approved by the ATF. Silencers (and other NFA items) are transferred to individuals on an ATF Form 4, which requires a $200 stamp tax, a chief law enforcement sign-off, and a set of fingerprints to be submitted to the ATF. In some cases a “corporate” transfer can be done that bypasses the requirements for fingerprints and the local chief law-enforcement sign-off. It usually takes between 3 and 6 months for a Form 4 to be approved by the ATF. At that point you can take possession of your shiny new suppressor. The suppressor itself is the NFA item; you can place it on any firearm (that is otherwise legal to own in your jurisdiction).
Silencers, along with other National Firearms Act (NFA) items, must be transferred only by Class 3 SOT (Special Occupation Tax) license holders, which is an additional license on top of a regular FFL. To buy a suppressor, you can choose one your local Class 3 dealer has in stock, or you can have him order it for you from the manufacturer. A manufacturer-to-dealer transfer is done on an ATF Form 3, and typically takes 10 days to 3 weeks.
“But I don’t plan to be a sniper so why would I want a silencer anyway?” If you hear a shooter say that, you can bet your beer money that they haven’t shot a modern suppressor. Modern suppressors allow the use of full-power ammunition, do not reduce the muzzle velocity, do not contact the bullet during flight, and often aid accuracy. On high-power rifles, a suppressor acts like a muzzle brake and reduces recoil, and of course, the “ka-BOOM” report of the shot is reduced 25-30 dB, yielding a sound not unlike high-pressure gas escaping from an air hose being disconnected.
I have been shooting high-power, bolt-action rifles at long range in competition since 2004. The same year, I had the opportunity to try a modern suppressor on a long-range rifle and there was no going back. Since 2005, my long-range shooting is done almost exclusively suppressed — the only exceptions being F-class (which prohibits their use) and for comparative testing with brakes or bare muzzles.
If you take an accurate bolt-action rifle in .260 Remington or .308 Winchester and fit a suppressor, the recoil will be noticeably reduced and the report will be more similar to a .22 WMR. Most premium .30 caliber suppressors will reduce the report by 25-30 dB — a very substantial sound attenuation. While I do recommend wearing ear protection when using suppressors because hearing damage is subtle but cumulative, the entire experience is more pleasant with a suppressed rifle.
Modern Suppressors Are Superior to Older Designs — And May IMPROVE Your Accuracy
Historically, suppressors had rubber baffles that slowed down the bullets and ruined accuracy. Modern suppressors don’t have any of these drawbacks. While you’ll find competing viewpoints as to whether a suppressor-equipped rifle is more inherently accurate than a rifle with a bare muzzle (or muzzle brake), in practice many shooters shoot better with a suppressed rifle due to psychological and physiological factors — call it “shootability”. With less noise, less barrel hop, and less felt recoil — thanks to the suppressor — many shooters can achieve greater accuracy, shot after shot.
In the last few years, the use of suppressors by competitors has gone from an oddity to being commonplace. At recent matches such as the 2010 Steel Safari, as many as half of the top ten competitors used suppressors.
Suppressors from Thunder Beast Arms Corp.
Several years ago two fellow long-range shooters and I had the opportunity to start a suppressor manufacturing company. We all shared a passion for long-range shooting, had a history of competition, and were convinced that shooting suppressed was the way to go. Thunder Beast Arms Corp., based in Cheyenne, Wyoming, was formed to produce the best suppressors for practical long-range rifle shooting. Our “cans”, as they are sometimes called informally, are designed for accuracy, durability, and light weight, while maintaining best-in-class sound suppression levels. Many of our suppressors are made from Titanium for ultra-light weight and superior corrosion resistance.
Although I am proud of our products, there are many good brands of suppressors on the market right now. A suppressor buyer can dial in the performance, application, and amount he wants to pay very precisely — there will almost certainly be a suppressor on the market that meets his requirements. If you have a chance, see if you can get a suppressor demo lined up — I guarantee you’ll be impressed.
*In Missouri, suppressors may be legally acquired, but only by the military, by law enforcement personnel (acting officially), and by certain Federal Firearms License Holders (including C&R). See: http://www.moga.mo.gov/statutes/C500-599/5710000020.HTM .
Similar Posts:
- Intro to Suppressors — How Silencers Work
- Can-Can: Hunting with Suppressors Now Legal in Montana
- Suppressors and Silencers — Important Facts You Should Know
- Suppressor Sales Rise in United States
- Suppressor Basics — What You Need to Know
Tags: Can, Class 3, Class III, Moderator, Silencer, Sound, Steel Safari, Suppressor, Thunder Beast, Zak Smith
it has been legal to own a suppressor in mo. for almost two years. happened with our previous govenor[republican].
The current law in MO is more restrictive than federal law, namely only licensees (FFLs, including C&R) can get silencers– not non-licensed individuals (or corporations).
Kansas is also a NFA legal state.
I was curious as to the proper disposition of the rulings regarding ‘suppressors’ in Missouri. This is a fairly easy to read explanation with links at the bottom:
“With the exception of the armed forces, government law enforcement agencies or penal institutions acting in the performance of their official duties, it is ILLEGAL in the state of Missouri for an individual to possess, manufacture, transport, repair, or sell a firearm silencer UNLESS such person is an importer, manufacturer, dealer, or collector licensed by the Secretary of the Treasury pursuant to the Gun Control Act of 1968, U.S.C., Title 18, or unless such firearm is an antique firearm as defined in subsection 3 of section 571.080 (this is referring to a section of the Revised Missouri Statutes…I will provide a link at the bottom of the comment), or unless such firearm has been designated a collectors item by the Secretary of the Treasury pursuant to the U.S.C., Title 26, Section 5845(a)(8).
In respect to the second exception listed and in accordance with Missouri and federal law, a firearm silencer is ONLY defined as an antique firearm WHEN IT IS PURSUANT to U.S.C., Title 26, Section 5845(a)(8).
Outside of the aforementioned exceptions, knowingly possessing, manufacturing, transporting, repairing, or selling a firearm silencer in the state of Missouri is a class C Felony at the state level, with a prison term not to exceed seven years.
The same violation is also a federal felony (18 USC § 922(k), (o) & (v); 26 USC § 5861.). The statutory maximum sentence is 10 years, although the recommended sentence range under federal sentencing guidelines is 27 to 71 months. One of the harshest penalties in the federal system is a 30-year mandatory minimum sentence for possession of a firearm silencer during a “crime of violence” or drug trafficking.
For your own reference, I’ve included the following: The Official Revised Missorui Statutes related to Weapons Offenses and the section of United States Code (courtesy of The Cornell University Law School) that are referenced earlier in the post…”
http://www.moga.mo.gov/STATUTES/C571.HTM
http://www.law.cornell.edu/uscode/26/usc_sec_26_00005845—-000-.html
Do any states allow them for hunting?
Bill,
Short answer: yes, they are legal for hunting in some states. In some states, they are legal for big game hunting; in other only “non-game” animals; in others not at all.
-z
EDITOR: See our follow up comment. We believe the post below may not be fully informed. Consult a Michigan attorney before attempting to acquire a silencer in Michigan. It appears that this is NOT permitted given the current confusion surrounding state law.
I noticed Michigan was on the “no suppressor” list. It is legal to own a silencer in Michigan. You must purchase the tax stamp. However, you can not hunt with it. As soon as I have the money I will be getting one.
Could you cite clear authority for this. As far as we can determine the law is in a state of confusion in Michigan because the AG has not rendered an opinion authorizing silencer ownership by tax stamp payees. See: Michigan Penal Code Section 750.224
Michigan law says in part;
(1) A person shall not manufacture, sell, offer for sale, or possess any of the following:
(b) A muffler or silencer.
Here is a recent discussion: “You’ll find with careful study of Michigan’s suppressor law that they are not illegal (only non-C&R SBRs and SBSs are). They are covered under the same statute that covers machine guns, section 224 of the Michigan Penal Code, MCL 750.224. Awhile ago AG Mike Cox issued an opinion (Opinion No. 7183) that said under the statute, a tax stamp from the ATF qualified as a “license” to own NFA items under Michigan law. Volia, machine guns are legal if ATF approval is granted.
Now you would think that this would apply to all the other items listed under machine guns in the statute. There is a whole list of things that needs a license to posses that opinion 7183 seems to grant/recognize. It doesn’t. In Cox’s opinion, he edited the wording in the opinion so that it only included machine guns. A logical person would read the opinion, and assume that he was talking about the whole statute, not just the part about machine guns. The ATF disagrees with logic (once again!). Their official opinion is that since Cox did not specifically spell out that silencers were covered in the opinion, they are not permissible by state law. The ATF will not green light applications for items that would be illegal under state law. Under the twisted logic of the ATF, silencers are not legal in Michigan, and thus no Michigan Form 4s for silencers are valid.
Silencers [should be] legal in Michigan with a tax stamp from the ATF. Problem is, the ATF will not issue a tax stamp to a Michigan resident until Cox or his successor writes an opinion exactly the same as 7183, but replacing “machine gun” with “silencer.”
Where we are today: There has been much effort from people on arf.com and migunowners.com (http://www.migunowners.org/forum/showthread.php?t=13504) to try to get Cox to issue an opinion on this. He caught a lot of flack for the machine gun opinion. He is running for governor to replace Jenny-o, and methinks that the Freep and Detroit News would love to print opinions saying Mike Cox is arming assassins and gangbangers with silencers and machine guns.
The good news is that if elected governor, he is fairly pro-2a. But I think we will not see an opinion out of him on this issue before the election. So if you want a silencer, pay attention in 2010 to who is running for governor and almost more importantly, who is running for AG
I’m glad that more and more people are realizing that firearm suppressors are not illegal.
If I purchase a suppressor legally in my state, can I transport and/or use in those states that prohibit the private possession of suppressors?
Supressors are legal in Missouri since around August of ’08. Gov. Matt Blunt was in office.
I should add that you need ffl’s or Curio and relics lic., for clarification purposes.
“Historically, suppressors had rubber baffles that slowed down the bullets and ruined accuracy.”
I have heard about rubber baffles before but Maxim didn’t seem to used them back in the day. AAC has posted an old Maxim brochure on its blog:
http://www.aacblog.com/?p=542
“As the hole in the Silencer is much larger than the bullet the latter does not touch anything in passing through and consequently accuracy of flight is just the same whether the Silencer is off or on.”