There is an informative article on the NRA’s American Hunter website regarding suppressor use for hunting. The article, What Hunters Need to Know About Suppressors, answers common questions about licensing, tax stamps, and suppressor types. The article explains the history of the $200 tax stamp which must be paid when acquiring a suppressor:
“Why the Tax? In 1934 … the federal government, while battling gangsters such as Al Capone, heavily restricted silencers with passage of the first National Firearms Act. Hoping to gain an advantage on criminals that often had better weapons than cops, the Feds placed a mandatory ‘sin’ tax on silencers that was so high it would effectively ban their purchase by all but the wealthiest individuals. In 1934, $200 was the equivalent of $3,500 today. The $200 tax still stands despite no evidence that a simple metal tube is capable of causing crime.” — American Hunter
The American Hunter article also discusses how well suppressors actually reduce noise. User should be aware that the sound level of a large, centerfire hunting cartridge will still exceed 130 decibels (dB) on average, even with a typical suppressor (silencer) in place. For that reason, we recommend that hunters continue to wear ear protection even when they shoot suppressed.
For example, Thunder Beast Arms says its latest Ultra 9 Suppressor will reduce the report of a .308 Win to 132-134 dB: “The ULTRA 9 will suppress a typical .308 bolt-action rifle down to approx. 132-134 dB. It also has very little or no ‘first round pop’ (FRP) in most applications.” NOTE: These dB levels are measured in accordance with MIL-STD-1474D using BK 2209 SLM offset one meter from muzzle.
How Loud Are Unsuppressed Rifles?
Firearms Are Loud — 140 dB to 175 dB. Audiology group ASHA explains: “Almost all firearms create noise that is over the 140-dB level. Exposure to noise greater than 140 dB can permanently damage hearing. A small .22-caliber rifle can produce noise around 140 dB, while big-bore rifles and pistols can produce sound over 175 dB. Firing guns in a place where sounds can reverberate, or bounce off walls and other structures, can make noises louder and increase the risk of hearing loss. Also, adding muzzle brakes or other modifications can make the firearm louder. People who do not wear hearing protection while shooting can suffer a severe hearing loss with as little as one shot[.] Audiologists see this often, especially during hunting season when hunters and bystanders may be exposed to rapid fire from big-bore rifles, shotguns, or pistols.” Source: ASHA, Recreational Firearm Noise Exposure.
How Much Does a Good Suppressor Really Reduce Firearm Sound Levels?
That depends on the rifle, the cartridge, and the effectiveness of the suppressor. The American Hunter article explains: “Suppressors retard the speed of propellant gases from the cartridge that rapidly expand and rush out of the barrel. It’s these gases that produce the loud boom that’s heard for miles. A suppressor’s series of internal baffles slows these gases so they are not all released at once, thereby muffling the sound.” Many good commercial suppressors can achieve 30-35 dB sound suppression. However, Zak Smith of Thunder Beast Arms says: “There are a bunch of manufacturers who publish values that are not reproducible, or use an ad-hoc test instead of a mil-spec test. In many cases we’ve tested the exact same suppressors they’ve advertised with 30-40 dB reductions and found they are actually in the high 20s instead.”
Again, for this reason, we recommend that hunters use ear protection, such as electronic muffs, even when shooting suppressed.
Choosing a Suppressor for Hunting Use
The American Hunter article explains that there are many types of suppressors on the market. Bigger suppressors are heavier, but they normally are more effective. You also have a choice in muzzle attachments:
“For most hunting applications, direct thread is the best choice. If you intend to buy only one suppressor yet you have multiple guns, it’s advantageous to buy a model sized and rated for the largest caliber you intend to use. While a suppressor made specifically for a .223 Rem. will reduce the sound of that round slightly better than a model made for .30 caliber, for example, you can use a .30-caliber can for smaller calibers — but not vice-versa. In general, the bigger the can, the more it reduces sound. Smaller suppressors, however, are easier to carry in the woods.” — American Hunter
States Where Suppressor Ownership is Allowed
Currently, the following 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: Suppressors are legal in Connecticut, but hunting with silencers is not allowed in Connecticut.
How to Apply for a Suppressor
To acquire a quality suppressor, you’ll first need to shop around, comparing verified performance. Unfortunately some manufacturer’s dB claims are exaggerated. Give due consideration to size, weight, and durability. When you’ve selected a brand and model, find a Class 3 dealer authorized by the ATF to sell suppressors. You must fill out ATF Form 4, get fingerprinted, and pass a background check. Along with two completed copies of Form 4, submit your fingerprint card, passport photo and a check for $200 to the ATF. Then you wait for the ATF to process your application. American Hunter says the average ATF suppressor processing wait time is now nine months.
BENEFITS OF SILENCERS
NOISE REDUCTION
According to OSHA, the threshold for a hearing safe impulse noise is 140 dB. Without hearing protection, exposure to any impulse noise over 140 dB causes varying degrees of permanent noise-induced hearing loss, which can also lead to tinnitus. Most well-engineered silencers take the dB level of their host firearm well below 140 dB, making those silencers effective primary hearing safety devices. You should always still wear hearing protection (muffs or plugs) when using suppressors.
RECOIL REDUCTION
By containing the explosion at the muzzle, suppressors significantly reduce perceived recoil energy, reduce the rifle’s rearward movement on recoil, and reduce rifle torquing and muzzle flip. The reduction of recoil (and rifle torquing/hopping) lessens shooter fatigue and helps the shooter get his sight picture back on target rapidly after firing. With smaller calibers, a suppressor may enable the shooter to maintain a nearly-continuous sight picture, following the shot into the target. In addition, by reducing felt recoil (and muzzle blast), a suppressor can help inexperienced shooters avoid flinching.
The Legal Brief is a feature of TheGuncollective.com that focuses on firearms rules and regulations. In this Legal Brief video, Attorney Adam Kraut explains key State and Federal regulations governing firearms, and explains how to ensure compliance with all applicable laws.
This five-minute video explains barrel length rules for rifles and shotguns, and also explains the best (and most fool-proof) methods to measure your barrel. In addition, the video explains how to measure firearm overall length. A rifle or shotgun which is less than 26 inches overall can also be classified as a “Short-barreled” rifle/shotgun subject to the NFA. NOTE: Under federal law “If the rifle or shotgun has a collapsible stock, the overall length is measured with the stock EXTENDED”.
Highlights of LEGAL BRIEF Discussion of Barrel Length and Firearm Overall Length
The ATF procedure to measure the length of a barrel is to measure from the closed bolt or breech face to the furthest end of the barrel or permanently attached muzzle device. ATF considers a muzzle device that has been permanently attached to be part of the barrel and therefore counts towards the length.
How to Measure Barrel Length: Drop [a] dowel or rod into the barrel until it touches the bolt or breech face, which has to be closed. Mark the outside of the rod at the end of the muzzle crown (if you don’t have a permanently attached muzzle device) or at the end of the muzzle device if it is permanently attached. Remove the rod and measure from the mark to the end of the rod. That is your barrel length[.]
Remember, if the barrel length is less than 16 inches, it is possible that the firearm could be a short barrel rifle (if you are building a rifle or it is already on a rifle) and if the barrel length is less than 18 inches, it is possible the firearm could be a short barrel shotgun (again if you are building a shotgun or it is already a shotgun). Both of these firearms would be subject to the purview of the National Firearms Act and would require the firearm to be registered accordingly.
How to Measure Overall Length:The overall length of your rifle or shotgun may also classify it as a Short Barrel Rifle or Short Barrel Shotgun. The overall length of a firearm is the distance between the muzzle of the barrel and the rearmost portion of the weapon measured on a line parallel to the axis of the bore. … If the rifle has a permanently attached muzzle device, that is part of the overall length. … If the rifle or shotgun has a collapsible stock, the overall length is measured with the stock extended.
U.S. Supreme Court Invalidates ATF Rule Classifying Bump Stock Rifles as Machineguns
In the Garland v. Cargill case, the U.S. Supreme Court has ruled 6-3 that a semiautomatic rifle equipped with a bump stock is NOT a machinegun, and that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) exceeded its authority by issuing a rule that classified the device as a machinegun. Accordingly the Supreme Court has determined the ATF’s bump stock rule to be void and invalid.
SAF Hails U.S. Supreme Court Ruling on Bump Stocks: “ATF Can’t Rewrite Law”
“This is a significant victory for gun owners because it reminds the ATF it simply cannot rewrite federal law,” said Second Amendment Foundation (SAF) Executive VP Alan M. Gottlieb. “The agency has just been reminded that it can only enforce the law, not usurp the authority of Congress.”
Writing for the majority, Associate Justice Clarence Thomas observed, “We hold that a semiautomatic rifle equipped with a bump stock is not a ‘machinegun’ because it cannot fire more than one shot ‘by a single function of the trigger.’ And, even if it could, it would not do so ‘automatically’ ATF therefore exceeded its statutory authority by issuing a Rule that classifies bump stocks as machineguns.”
For many years, the court ruling notes, ATF “took the position that semiautomatic rifles equipped with bump stocks were not machineguns” under the law. The agency “abruptly reversed course” in response to the mass shooting in Las Vegas in October 2017. The agency subsequently ordered bump stock owners to surrender them or destroy them within 90 days.
“Today’s Supreme Court decision demonstrates that it is impermissible for executive agencies to rewrite the law,” said SAF Executive Director Adam Kraut. “ATF exceeded its statutory authority by issuing a rule that was logically inconsistent with the plain text of the statute and cut into the prerogative of Congress. As the executive branch has continued to use ATF to implement its will and circumvent congressional authority, we are optimistic that today’s decision will send a message that such actions will not be tolerated and that the courts will strike down more regulations inconsistent with the law as Congress wrote.”
About the Second Amendment Foundation
The Second Amendment Foundation (SAF.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, SAF has grown to more than 720,000 members.
Thank to efforts by the NSSF, and the ATF adopting eForms, you can now get a suppressor purchase authorization with a far shorter wait time. NSSF began working to improve ATF NFA form processing in 2013 when it pressed the agency to institute electronic form processing, or eForms. This has had significant positive effects in reducing NFA wait times. As a result you can pay the required Federal $200 tax and obtain suppressor purchase authorization much more quickly.
Suppressors are now legal in 42 U.S. States. There are certain legal requirements for obtaining a suppressor, including paying a $200 Tax Stamp. To own a suppressor you must be legally eligible to purchase a firearm, pass a BATFE background check, pay a one time $200 Transfer Tax, and satisfy age requirements. The process for paying the $200 requires submitting an ATF Form 4 for each suppressor that you purchase. You can submit either electronically or via paper. The Form 4 authorizes transfer of the suppressor from the dealer or manufacturer to you. MORE INFO HERE.
A significant drop in processing wait times on submitted National Firearms Act (NFA) forms is shown in a new Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) report. The ATF has revealed that the average wait time on a paper NFA Form 4 — the most popular NFA form submitted — dropped to an average of 245 days for processing, while average processing times for electronic eForm 4s dropped to 53 days. Previously, wait times on Form 4s were near 280 days for paper form processing and between 90 and 190 days for electronic processing. NSSF has learned that in some cases fully electronic Form 4s were processed in as few as four days and in some cases on the same day.
Form 3 processing times also dropped with reports of of them being processed in as few as four days. Form 5 processing wait times for the tax-exempt transfer and registration of firearms dropped down to 19 days for paper forms and an average of one day for the electronic form.
OPINION: Suppressors Should Not Be Subject to NFA Regulation
NSSF continues to support the Hearing Protection Act and other proposed legislation that would remove silencers, commonly called suppressors, from the National Firearms Act. Suppressors are devices that provide hearing protection for hunters and target shooters. They are legal to own in 43 states and to hunt with in 42 states. Removing suppressors from the NFA would free up considerable ATF resources unnecessarily spent processing paperwork.
Due to statutory requirements set forth in both the NICS Denial Notification Act and the Bipartisan Safer Community Act (BSCA), the ATF Form 4473 was revised in December of 2022. Incorporating industry member suggestions made during the recent 60 and 30-day Notice and Comment periods, ATF has further revised the form and now that newest version (August 2023) has been approved by the Office of Management and Budget for implementation. The new form becomes mandatory on 2/1/2024, but the ATF recommends using the updated Forum 4473 now.
The ATF encourages all federal firearms licensees (FFLs) to begin using the Revised Form immediately. The Revised Form is available on the ATF website, and can be downloaded and printed for immediate use. Note that the entire Form, including instructions, must be printed, and stored together. Hard copies of the Revised Form will be available through the ATF Distribution Center beginning November 1, 2023. The ATF eForm 4473 application is also being revised and notification will be sent when it is ready for use.
The Revised Form will become mandatory for use on February 1, 2024. Please contact your local ATF Industry Operations office should you have any questions regarding the changes to the form.
“Since the beginning of the Biden administration, the number of Federal Firearms Licensees (FFLs) has gone down by [over] 1,600.” — America’s 1st Freedom
The Biden Administration, acting through the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is aggressively working to shut down gun stores and FFL businesses throughout the country. According to the NRA America’s 1st Freedom site, some 1619 FFLs have gone out of business since 2020 when Joe Biden took office. That is a major change, reflecting extremely hostile and aggressive policies now being pushed by the anti-gun Biden administration.
“The Biden administration said that they would use the ATF as a bludgeon against the industry, and that’s in fact what they are trying to do. They are turning the agency that is charged with regulating the firearm industry — the manufacturers, the distributors, the retailers — and using the levers of that regulatory agency as a means to shut down and deny people their Second Amendment rights.” – Mark Oliva, NSSF Director for Public Affairs
We recommend our readers consult a recent, detailed article on Americas1stFreedom.org that explains the ATF’s aggressive campaigns against gun dealers and small-business FFLs. That article explains how the aggressive Biden policies have resulted in a huge number of gun shops and FFLs shutting down: “What’s the result of Biden’s constant drumbeat of propaganda and executive actions against America’s firearms retailers? According to ATF figures, as of April 2023, there were 1,619 fewer licensed firearms dealers than there were when Biden took office in January 2021.”
Additionally, ATF records indicate licensee revocations jumped sharply after Biden’s directives to the ATF: “In January 2022, out of 470 FLL audits performed, there were only three license revocations. A year later, there were 678 (44% more) inspections and 17 revocations — six times the number of revocations from the previous January.”
“What [Biden’s] latest Executive Order actually did was direct various federal agencies to make life as difficult as possible for firearms dealers, as Biden knows that making it more difficult for retailers to sell guns makes it more difficult for law-abiding Americans … to buy them.” — America’s 1st Freedom
Along with the aggressive actions of the ATF, President Biden wants to ban certain types of firearms through Executive Order. This is rule by fiat, without Legislative approval, which is not what the Constitution intended. Laws are to be made by Congress, not by a dictator.
The Legal Brief is a feature of TheGuncollective.com that focuses on firearms rules and regulations. In this Legal Brief video, Attorney Adam Kraut explains key State and Federal regulations governing firearms, and explains how to ensure compliance with all applicable laws.
This five-minute video explains barrel length rules for rifles and shotguns, and also explains the best (and most fool-proof) methods to measure your barrel. In addition, the video explains how to measure firearm overall length. A rifle or shotgun which is less than 26 inches overall can also be classified as a “Short-barreled” rifle/shotgun subject to the NFA. NOTE: Under federal law “If the rifle or shotgun has a collapsible stock, the overall length is measured with the stock EXTENDED”.
Highlights of LEGAL BRIEF Discussion of Barrel Length and Firearm Overall Length
The ATF procedure to measure the length of a barrel is to measure from the closed bolt or breech face to the furthest end of the barrel or permanently attached muzzle device. ATF considers a muzzle device that has been permanently attached to be part of the barrel and therefore counts towards the length.
How to Measure Barrel Length: Drop [a] dowel or rod into the barrel until it touches the bolt or breech face, which has to be closed. Mark the outside of the rod at the end of the muzzle crown (if you don’t have a permanently attached muzzle device) or at the end of the muzzle device if it is permanently attached. Remove the rod and measure from the mark to the end of the rod. That is your barrel length[.]
Remember, if the barrel length is less than 16 inches, it is possible that the firearm could be a short barrel rifle (if you are building a rifle or it is already on a rifle) and if the barrel length is less than 18 inches, it is possible the firearm could be a short barrel shotgun (again if you are building a shotgun or it is already a shotgun). Both of these firearms would be subject to the purview of the National Firearms Act and would require the firearm to be registered accordingly.
How to Measure Overall Length:The overall length of your rifle or shotgun may also classify it as a Short Barrel Rifle or Short Barrel Shotgun. The overall length of a firearm is the distance between the muzzle of the barrel and the rearmost portion of the weapon measured on a line parallel to the axis of the bore. … If the rifle has a permanently attached muzzle device, that is part of the overall length. … If the rifle or shotgun has a collapsible stock, the overall length is measured with the stock extended.
In this video, Larry Keane, NSSF Sr. VP and General Counsel, talks with Montana State Attorney General Austin Knudsen. The two men met in the SHOT Show TV Studio to discuss Second Amendment issues, and the firearm industry. Keane noted that Atty. Gen. Knudsen is a recognized leader — among all state elected officials — in protecting the Second Amendment. Knudsen “leads the charge among all Republican AGs” on gun rights issues. Knudsen has filed legal actions to safeguard Second Amendment rights, and he recently spear-headed an investigation of UPS and FedEx Sharing of Gun Owner Info with Federal Agencies.
Montana Attorney General Knudsen Leads 18-State Effort Calling On UPS And FedEx To Clarify Gun-Purchase Tracking Polices
Seventeen state Attorneys General joined Montana Attorney General Austin Knudsen today in asking major shipping companies to clarify new policies that allow them to track firearm sales with unprecedented specificity and bypass warrant requirements to share that information with federal agencies.
Reports from Montana federal firearm license (FFL) holders made to Attorney General Knudsen’s office indicate that UPS and FedEx are now burdening them by requiring them to ship separately and track firearms, firearms parts, and firearm products so gun purchases can be tracked.
Knudsen and the coalition of attorneys general sent letters on November 29, 2022 to leadership at both companies requesting additional information on their new policies and the possibility that the effort was coordinated in part with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
“These demands, in tandem, allow [UPS/FedEx] to create a database of American gun purchasers and determine exactly what items they purchased… In doing so you, perhaps inadvertently, give federal agencies a workaround to normal warrant requirements. This allows [UPS/FedEx] to provide information at will or upon request to federal agencies—information detailing which Americans are buying what guns,” Attorney General Knudsen’s letters state.”
In addition to requesting updated FFL-related shipping policies from the two companies, Attorney General Knudsen asked them to clarify the following:
Did UPS/FedEx enact these policies with the goal of information sharing with the ATF or any other federal agency;
Did UPS/FedEx enact these policies at the request of officials in ATF, a different federal agency, or on its own initiative;
If UPS/FedEx implemented these policies at the request of a federal agency, please identify that agency, the officials who made that request, the nature of that communication, and any legal authorization cited by those officials;
If UPS/FedEx changed its policies on its own initiative, please explain why it made those changes;
Did UPS/FedEx communicate or coordinate with each other in making these changes;
Did ATF or other federal agency employees help draft the updated shipping agreements?
Based on discussions with ATF representatives at SHOT Show 2023, it appears there are now over 3,600,000 registered suppressors (silencers), in the USA. Gun Journalist Dean Weingarten reports: “The total number of silencer tax stamps in existence in the USA as of 2019 was 2,042,719. The total number of silencer tax stamps existent in the USA as of 2020 was 2,664,774. The increase was 622,055 from 2019 to 2020. The number of legal silencers in the United States has not been updated since 2020. It is now 2023. When this correspondent asked representatives at the briefing if the numbers presented represented about a one million increase in legal silencers from 2020 to the end of 2022, they stated the number was reasonably correct.” That would mean the number of legal silencers/suppressors in the United States now exceeds 3.6 million in year 2023.
Procedure for Obtaining a Suppressor
Suppressors are now legal in 42 U.S. States. There are certain legal requirements for obtaining a suppressor, including paying a $200 Tax Stamp. To own a suppressor you must be legally eligible to purchase a firearm, pass a BATFE background check, pay a one time $200 Transfer Tax, and satisfy age requirements. (SEE ALL Requirements). In most (but not all) of those states you can use a suppressor for hunting. The eight (mostly blue) states which still prohibit civilian suppressor ownership are: California, Delaware, Hawaii, Illinois, Massachusetts, New Jersey, New York, and Rhode Island. READ FULL ARTICLE on GunsAmerica Digest.
Expect Delays on Form 4 Request for Suppressor Permits
An ATF presentation at SHOT Show showed how many NFA applications were processed in the last three fiscal years up to September 30, 2022. The vast majority of these applications were for suppressors, using ATF Form 4.
This huge increase in NFA Form 4 applications for suppressors means that suppressor applicants can expect very significant delays in processing. An ATF slide show indicated that the ATF’s Form 4 processing now takes an average of 270 days for the eForm, and a full 315 days for paper forms. That’s over 10 months!
Dean Weingarten observed: “The presentation made a good case the NFA division of the ATF is overwhelmed with NFA applications, leading to significant wait times to process those applications. The NFA division is experiencing considerable stress in processing NFA forms expeditiously, especially Form 4s. The ATF does not receive the $200 tax for NFA applications. The money goes directly to the general fund. Therefore, the NFA cannot hire more people to process more forms.”
Montana Attorney General Knudsen Leads 18-State Effort Calling On UPS And FedEx To Clarify Gun-Purchase Tracking Polices
Seventeen state Attorneys General joined Montana Attorney General Austin Knudsen today in asking major shipping companies to clarify new policies that allow them to track firearm sales with unprecedented specificity and bypass warrant requirements to share that information with federal agencies.
Reports from Montana federal firearm license (FFL) holders made to Attorney General Knudsen’s office indicate that UPS and FedEx are now burdening them by requiring them to ship separately and track firearms, firearms parts, and firearm products so gun purchases can be tracked and retain documents about what specific items those shipments contain and make that information available to the companies upon request.
Knudsen and the coalition of attorneys general sent letters on November 29, 2022 to leadership at both companies requesting additional information on their new policies and the possibility that the effort was coordinated in part with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
“These demands, in tandem, allow [UPS/FedEx] to create a database of American gun purchasers and determine exactly what items they purchased… In doing so you, perhaps inadvertently, give federal agencies a workaround to normal warrant requirements. This allows [UPS/FedEx] to provide information at will or upon request to federal agencies—information detailing which Americans are buying what guns,” Attorney General Knudsen’s letters state. “Additionally, we recommend that you consider taking actions to limit potential liability moving forward, including the immediate cessation of any existing warrantless information sharing with federal agencies about gun shipments.”
In addition to requesting updated FFL-related shipping policies from the two companies, Attorney General Knudsen asked them to clarify the following:
Did UPS/FedEx enact these policies with the goal of information sharing with the ATF or any other federal agency;
Did UPS/FedEx enact these policies at the request of officials in ATF, a different federal agency, or on its own initiative;
If UPS/FedEx implemented these policies at the request of a federal agency, please identify that agency, the officials who made that request, the nature of that communication, and any legal authorization cited by those officials;
If UPS/FedEx changed its policies on its own initiative, please explain why it made those changes;
Did UPS/FedEx communicate or coordinate with each other in making these changes;
Did ATF or other federal agency employees help draft the updated shipping agreements?
Montana Attorney General Austin Knudsen led the effort. In addition, Attorneys General from Alabama, Alaska, Arkansas, Florida, Indiana, Kansas, Kentucky, Louisiana, Mississippi, New Hampshire, Ohio, Oklahoma, South Carolina, Texas, Utah, West Virginia, and Wyoming signed one or both letters.
We recommend our readers consult a recent, detailed article on 
