LAW INFO: How to Properly Acquire and Register a Suppressor

So you’re thinking of buying a suppressor (aka “moderator”, “silencer”). You can’t just get one off the shelf at Walmart. Acquiring a suppressor requires filling out paperwork and paying a Federal $200 Tax Stamp. Plus there is typically a pretty long wait. However, the good news is that suppressor ownership is now legal in 42 of the 50 American states — that’s 84%! For most American adults, getting a suppressor is legal, provided the buyer passes the required background checks (explained below). The 42 “suppressor-friendly” states are shown as RED in the illustration below.

States Where Suppressor Ownership is Allowed
These 42 states allow private ownership of suppressors: 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. Note: Even if you live in one of the states listed, you should still verify that owning a suppressor is legal in your area. Some states may have municipal- or county-based restrictions.

“Suppressor ownership [has] boomed in the 21st century. Thanks in part to companies like Silencer Central that streamline the purchasing process, the number of registered suppressors has grown from 285,000 in 2010 to over 2.6 million in 2020.” — GunsAmerica Digest

States Which Prohibit Suppressor Ownership
The eight states which prohibit suppressor ownership are: California, Delaware, Hawaii, Illinois, Massachusetts, New Jersey, New York, and Rhode Island. These states are shown in GRAY in the map.

Qualifications to Obtain a Suppressor

To legally obtain a suppressor, you must fill out Federal Forms and pay a $200 fee to the ATF. You must also pass BATFE background checks and otherwise comply with Federal and state laws. States can regulate suppressor ownership or use, so be sure to check the laws in your area. On the federal level, the process to acquire a suppressor is regulated under the National Firearms Act of 1934. According to the American Suppressor Association, to own a suppressor in the United States you must:

1. Be at least 21 years of age to purchase a suppressor from a dealer.
2. Be at least 18 years of age to purchase a suppressor from an individual on a Form 4 to Form 4 transfer (contingent on state laws).
3. Be at least 18 years of age to possess a suppressor as a beneficiary of a trust or as a member of a corporation (contingent on state laws).
4. Be a resident of the United States.
5. Be legally eligible to purchase a firearm.
6. Pass a BATFE background check with a typical process time of 8 to 10 months.
7. Pay a one time $200 Transfer Tax.

That fifth requirement, “be legally eligible to purchase a firearm”, involves a list of factors. The prohibitions are set forth in the “prohibited person” list found on ATF Form 4473.*

PURCHASING TIP: ATF Announces New e-Form 4 Platform for Suppressor Registration

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Tags: BATFE, National Firearms Act, Silencer, Silencer Central, SilencerCo, Suppressor, Thunder Beast Arms