How to Acquire a Suppressor — $200 NFA Tax Eliminated in 2026

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.
Good News — Suppressor Tax Will Be Eliminated Next Year
The suppressor transfer tax has not been eliminated yet, but it will be reduced to $0 (zero) starting January 1, 2026. This law change was effectuated by recent Federal legislation through Congress and signed by President Trump. The “One Big Beautiful Bill”, passed by Congress and signed into law by President Trump on July 4, 2025, includes a provision reducing the NFA tax stamp on suppressors and short-barreled firearms to $0. The Silenco Video below from 8/4/2025 explains the new law changes.Current Status: As of today, August 10, 2025, the $200 tax stamp is still required for the purchase of suppressors and other NFA items.
Effective Date: This change to a $0 tax stamp will take effect on January 1, 2026.
Interim Period (August 2025 – December 2025): Some retailers, like Silencer Central, are offering promotions to cover the $200 tax stamp fee on select suppressors purchased before the $0 tax stamp becomes effective, according to Silencer Central.NFA Regulations Still Apply: Even after the tax stamp is eliminated in 2026, suppressors will still be regulated under the National Firearms Act (NFA). This means you’ll still need to go through the ATF process, including fingerprinting and background checks, to acquire a suppressor.
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. NOTE: This tax will be eliminated as of 1/1/2026.
*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.
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