Many of us would like to outfit one (or more) of our rifles with a suppressor, but the cost and red tape involved can be daunting. Some states prohibit private individuals from owning suppressors. However, most U.S. states DO allow suppressor ownership. That’s the good news. On the other hand, suppressors are not inexpensive and the process of obtaining governmental approval is time-consuming. Then there is the cost of the tax stamp itself — $200.00 for each silencer you own.
Nonetheless, suppressors are fun, and they serve an important function. Along with protecting your hearing, suppressors can tame recoil and dramatically reduce muzzle flash. Noise reduction of up to 35 decibels is possible with a .223 Rem. When shooting any firearm, you should still wear hearing protection of course, but suppressors can help reduce the risk of permanent hearing damage.
Benefits of a Suppressor — Why Suppressors Make Sense:
Is It Legal For You To Own A Silencer?
The vast majority of the 50 states permit citizens to own silencers. Currently, the following states allow private ownership of suppressors: AL, AR, AK, AZ, CO, CT, FL, GA, ID, IN, KS, KY, LA, ME, MD, MI, MO, MS, MT, ND, NE, NV, NH, NM, NC, OH, OK, OR, PA, SC, SD, TN, TX, UT, VA, WA, WI, WV, and WY. Even if you live in one of these states, you should verify that owning a suppressor is legal in your city/county.
If you live in a state where suppressor ownership is legal, and you can legally own a firearm, then you can buy a suppressor. However, you need to obtain ATF permission and pay a tax.
If you are interested in getting a suppressor, thankfully there is a source that can help you select the right product, and fill out all the paperwork required. The Silencer Shop specializes in sound moderators for pistols, rimfire rifles, centerfire rifles, and yes, even shotguns. The Silencer Shop maintains a large selection of suppressors for sale, and the shop can guide you through the NFA permitting process from start to finish.
How to Buy a Silencer, Part One:
Based on hundreds of successful applications for its customers, the Silencer Shop has streamlined the National Firearms Act (NFA) Registration process for suppressor ownership. Having submitted more silencer NFA Forms than any other dealer, these guys know the ropes: “We’re at the leading edge of making the NFA process as fast and easy as possible. From our famous ‘Black Packets’ to the latest electronic submissions and Silencer Shop Direct, we have a history of innovation in this area”. The Silencer Shop also works with knowledgeable attorneys who can help you set up an NFA trust to own suppressors and other NFA items. CLICK HERE to Learn How to Register a Suppressor to a Trust.
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“How do silencers work?” We hear that question often. Now, thanks to Silencerco.com, we can answer that question. Here’s a helpful infographic that illustrates the features of a suppressor (aka “silencer”, “can”, or “sound moderator”). Silencers reduce gunshot noise by providing a contained space where hot gases can dissipate and cool before exiting. Silencers are typically divided into multiple, internal expansion chambers. A quality suppressor can reduce gunshot noise by 30 decibels (db) or more. See the chart for comparative firearm noise levels (suppressed vs. un-suppressed).
In the United States, suppressors have become much more popular in recent years. In fact, the number of licensed silencers has doubled since 2011. Over 571,750 suppressors are now lawfully registered in the USA. Firearm sound moderators can now be purchased legally in 39 states, provided one obtains the requisite Federal tax stamp. (Texas is the leading suppressor state.) Seven European countries also allow suppressor ownership.
Suppressors Featured in Modern Shooter
Legal for private ownership in 39 states, suppressors are more popular than ever (though many gun owners are still not aware that silencers can be acquired without much difficulty). The Fall 2014 issue of Modern Shooter focuses on the popularity of today’s suppressors and sound-moderating technology available for handguns, rifles, and shotguns. This entire issue is dedicated to suppressors and their benefits. This comprehensive guide explains how suppressors work and how gun owners can easily (and lawfully) purchase them. The issue includes a detailed history of the suppressor, which was first patented in 1909 by the son of the inventor of the machine gun. There is also a feature story on hunting with suppressors in Europe. Modern Shooter is available on newsstands and as a digital download at GunDigestStore.com.
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On the NRA’s American Rifleman website you’ll find a helpful article that provides basic tips on avoiding legal entanglements when traveling from state to state with firearms in your vehicle. The basic advice is to plan out your trip in advance, researching all state and local laws that will apply. This can be a daunting task, but a Federal law, the Firearms Owners’ Protection Act (FOPA) does provide some protection for travelers.
According to the NRA: “FOPA shields you from local restrictions if you’re transporting firearms for lawful purposes. Under FOPA, notwithstanding any state or local law, a person is entitled to transport a firearm from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry it, if the firearm is unloaded and locked out of reach. In vehicles without a trunk, the unloaded firearm must be in a locked container other than the glove compartment or console.”
The NRA cautions that: “Laws vary place-to-place, and if you do anything other than pass through a state, you must obey all local laws. This is especially true when you are carrying a loaded firearm in your vehicle or on your person. There’s no shortcut here. You need to map out your trip state-by-state to be sure you stay legal during your trip.”
Resources for Travelers
The American Rifleman article also lists useful print and online resources you can consult to learn more about laws that apply when traveling with firearms:
When does a gunsmith become a “firearms manufacturer”? That’s an important legal question that professional gunsmiths need to consider. Normally, a gunsmith (with an FFL) can receive firearms, chamber/fit barrels, do bedding jobs, and install stocks without requiring a firearms manufacturer’s license. However, other gunsmithing tasks may spill over into “manufacturing activities”. Sometimes the distinctions are not so obvious. Consider these three examples provided by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF):
Surplus Rifle Sales Version 1: A gunsmith purchases surplus firearms, cleans the firearms, then offers them for sale to the public.
ATF Verdict: The company does NOT need to be licensed as a manufacturer.
But consider this…
Surplus Rifle Sales Verson 2: A gunsmith buys surplus military rifles or pistols and removes the stocks, adds new stocks or pistol grips, cleans the firearms, then sends the firearms to a separate contractor for bluing. These firearms are then sold to the public.
ATF Verdict: This would be considered manufacturing of firearms and the gunsmith should be licensed as a manufacturer.
And “Sporterizing” an old military rifle can be considered “manufacturing” as well:
Surplus Rifle Sales Version 3: A gunsmith buys surplus military rifles, bends the bolts to accept a scope, and then drills the receivers for a scope base. The gunsmith offers these firearms for sale.
ATF Verdict: This would be considered the manufacturing of firearms and the gunsmith should be licensed as a manufacturer.
These three examples provided by the ATF suggest that gunsmiths need to study the law, and be mindful that the more a firearm is altered and modified (with the objective of resale), the greater the possibility that a manufacturer’s license would be required.
ATF Guidelines for Gunsmiths
On its Manufacturers FAQ Page, the ATF has provided some guidelines to help gunsmiths and FFL-holders determine when a manufacturing license is required:
“Generally, a person engaged in gunsmithing requires only a dealer’s license (type 01). However, there are circumstances in which a gunsmith might require a manufacturing license. Generally, a person should obtain a license as a manufacturer of firearms if the person is:
1. Performing operations which create firearms or alter firearms (in the case of alterations, the work is not being performed at the request of customers, rather the person who is altering the firearms is purchasing them, making the changes, and then reselling them), 2. is performing the operations as a regular course of business or trade, and 3. is performing the operations for the purpose of sale or distribution of the firearms.”
ATF Examples Showing When Manufacturer License Is or Is Not Required
Below are examples of gunsmithing operations with guidance as to whether or not such operations would be considered manufacturing under the Gun Control Act (GCA). A key factor is whether the “operations performed on the firearms were… for the purpose of sale or distribution”. (NOTE: These examples do not address the question of whether the operations are considered manufacturing for purposes of determining excise tax.) View ATF Manufacturer FAQ Page for more details.
Example 1: Completing Rifle on Customer-Supplied Action.
A company receives firearm frames from individual customers, attaches stocks and barrels, and returns the firearms to the customers for the customers’ personal use.
ATF Verdict: Manufacturer License NOT Required.
The operations performed on the firearms were not for the purpose of sale or distribution. The company should be licensed as a dealer or gunsmith, not as a manufacturer of firearms.
Example 2: Barrel-Making. A company produces barrels for firearms and sells the barrels to another company that assembles and sells complete firearms.
ATF Verdict: Manufacturer License NOT Required.
Because barrels are not firearms, the company that manufactures the barrels is not a manufacturer of firearms. [However], the company that assembles and sells the firearms should be licensed as a manufacturer of firearms.
Example 3: Single Gun Project. A company acquires one receiver, assembles one firearm, and sells the firearm.
ATF Verdict: Manufacturer License NOT Required.
The company is not manufacturing firearms as a regular course of trade or business and is not engaged in the business of manufacturing firearms. This company does not need to be licensed as a manufacturer.
Example 4: Production of actions or frames for direct sale. A company produces a quantity of firearm frames or receivers for sale to customers who will assemble firearms.
ATF Verdict: Manufacturer License IS Required.
The company is engaged in the business of manufacturing firearms and should be licensed as a manufacturer of firearms.
Example 5: Production of actions as parts suppliers. A company produces frames or receivers for another company that assembles and sells the firearms.
ATF Verdict: Manufacturer License IS Required
BOTH companies are engaged in the business of manufacturing firearms and each should be licensed as a manufacturer of firearms.
Example 6: Modification of Pistols. A gunsmith buys government model pistols and installs “drop-in” precision trigger parts or other “drop-in parts” for the purpose of resale.
ATF Verdict: Manufacturer License IS Required.
This would be considered the manufacturing of firearms, as the gunsmith is purchasing the firearms, modifying the firearms and selling them. The gunsmith should be licensed as a manufacturer.
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If you have a Federal Firearms License, or work with an FFL-holder, please read this story — there is an important change in the way the Bureau of Alcohol, Tobacco, Firearms & Explosives (BATFE) will handle forms. It appears the the BATFE’s eform system was not ready for prime time, so it is being shelved for the time being. This means that import forms, NFA forms, and AFMER reports must now be submitted via paper “hard copies”.
In early April, BATFE took its troubled eForms program offline. A BATFE notice stated that: “The eForms software is not performing to our expectations. As a result, we are taking the eForms system down until further notice. We apologize for any inconvenience and appreciate your patience as we work with our industry partners to deliver a quality product. Any eForm (already) submitted will continue to be processed. The finalized forms will be sent to the user via email. Until the eForms system is returned to service for the industry, all imports forms (Forms 6 Part I and 6A), NFA forms (1, 2, 3, 4, 5, 9 and 10), and AFMER reports (Form 5300.11) must be submitted via paper, including any eForms in draft status.” Questions should be directed to eForms.admin [at] atf.gov.
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The Bureau of Alcohol, Tobacco, Firearms and Explosives, (ATF) Enforcement Programs and Services (EPS) Division has posted a new chart for its form-processing times, and the latest information is not good. NFA Forms 1 and 4 are now taking 10 months to process.
The ATF’s NFA Form 4, is one of the forms required to legally purchase a suppressor (sound moderator). The National Shooting Sports Foundation (NSSF) is working to get additional resources committed to EPS through the Congressional appropriations process. NSSF Senior VP and General Counsel Lawrence G. Keane stated: “The delays and lack of timely customer service, which grows worse every month, is significantly interfering with the ability of members of our industry to engage in the lawful commerce and grow their businesses[.] It also infringes on the ability of law-abiding citizens to exercise their Second Amendment rights in a timely manner, and a right delayed is a right denied.”
Many of our readers travel far and wide during summer months, both on family vacations and to participate in shooting matches. When transporting firearms across state lines, it is vital to understand the laws and regulations that apply in each jurisdiction. Moreover, all of us need to stay informed about gun laws in our home states, since new laws are passed every year.
Indiana attorney Brian Ciyou has created an outstanding resource, Gun Laws by State (2013 Ed.) (GLBS), that explains firearms laws in all 50 states. Ciyou’s gun law treatise, available in both book and online (web) formats, covers state laws as well as key federal laws that apply in federal buildings, airports, National Parks, and school zones. There is a handy Reciprocity Map showing which states recognize concealed weapon permits issued in other jurisdictions. GLBS covers Reciprocal Carry for all 50 states, Constitutional Law, Federal Statutory Law, Use of Force, Criminal Provisions, Civil and Criminal Liability, Preemption, Federal Property Rules, and Interstate Transportation.
Amazingly, you can access all this important legal information for FREE on the GLBS website. Click on an interactive map to quickly review gun laws in any state. Navigation links provide quick access to particular topics, such as rules for Airline Travel, Amtrak, National Parks, and Federal properties. The web version of Gun Laws by State is updated regularly, and Ciyou even provides a GLBS Gun Laws Blog with current “news and views” on gun regulations nationwide. This Editor regularly references the Gun Laws by State website. I suggest readers bookmark the site, and consider buying the book if you frequently travel with firearms outside your home state. The printed book version costs $19.95, while a digital eBook is $9.95. Click here to purchase GLBS books and eBooks.
WATCH Gun Laws by State Introduction Video
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The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), receives hundreds of telephone and electronic inquiries every day. In an effort to provide individuals with the most up-to-date information, ATF has compiled a list of the Top 10 Most Frequently Asked Questions. ATF has provided these questions, along with official ATF-sourced answers, in a 4-page PDF file you can download.
The #1 most commonly asked question is whether a person barred by law from possessing a “firearm” can legally own a black-powder muzzle-loading gun. The answer to that question is quite lengthy, so we can’t include it here. But we have reprinted below the second, third, and fourth most-asked questions, along with the ATF answers. Download the PDF file to read the remaining questions and answers.
2. May I lawfully transfer a firearm to a friend who resides in a different State?
Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual who does not reside in the State where the transferee resides. Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a Federal Firearms Licensee (FFL) within the recipient’s State of residence. He or she may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check. More information can be obtained on the ATF website at www.atf.gov and www.atf.gov/firearms/faq/unlicensed-persons.html. The GCA provides an exception from this prohibition for temporary loans or rentals of firearms for lawful sporting purposes. Thus, … a friend visiting you may borrow a firearm from you to go hunting. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent. See 18 U.S.C. 922(a)(5).
3. May I lawfully transfer a firearm to a resident of the same State in which I reside?
Any person may sell a firearm to an unlicensed resident of the State where he resides as long as he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. There may be State laws that regulate interstate firearm transactions. Any person considering acquiring a firearm should contact his or her State Attorney General’s Office to inquire about the laws and possible State or local restrictions. A list of State Attorney General contact numbers may be found at www.naag.org.
4. How do I register my firearm or remove my name from a firearms registration?
There is no Federal registration requirement for most conventional sporting firearms. Only those firearms subject to the National Firearms Act (NFA) (e.g., machineguns, short-barrel firearms, silencers, destructive devices, any other weapons) must be registered with ATF. For information on the registration and transfer provisions of the National Firearms Act, please refer to the ATF NFA Handbook at www.atf.gov/publications/firearms/nfa-handbook/ or contact the ATF NFA Branch at 304-616-4500. Firearms registration may be required by State or local law. Any person considering acquiring a firearm should contact his or her State Attorney General’s Office to inquire about the laws and possible State or local restrictions. A list of State Attorney General contact numbers may be found at www.naag.org.
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Gun owners who live or do business in California should strongly consider purchasing this 320-page book. California gun laws are complex and confusing. There are over 800 California state statutes regulating the manufacture, distribution, sale, possession, and use of firearms. There are thousands of overlapping federal laws regulating firearms that apply in California. And there are hundreds of administrative regulations, local ordinances, and California Department Justice Firearms Bureau written and unwritten policies that also apply.
On top of the already byzantine regulatory scheme, on January 1, 2012 California firearm laws were completely reorganized and re-numbered. Because of the complexity of the laws, and the recent statute number changes, inadvertent gun law violations by well-intentioned citizens are increasingly common. In the politicized legal environment of California “gun-control” laws, the consequences of even an inadvertent violation can be severe.
With all the overlapping regulations, it’s no wonder that confusion runs rampant among California gun owners, as well as among police, prosecutors, and judges. To protect yourself, you need to know the law. This book will help. California Gun Laws tells you how to legally buy, own, transport and possess firearms, and explains how you get your firearms or firearm rights back if they are taken away. The book warns about common legal “traps” that may ensnare California firearm owners.
Author Profile:C.D. (Chuck) Michel is an attorney with 20 years of experience representing the National Rifle Association (NRA) and California Rifle & Pistol Association (CRPA), as well as firearm manufacturers, wholesalers, retailers, and gun owners, Michel has been litigating civil and criminal firearm cases since 1991, many of which were high profile and attracted state and national media attention.
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In preparation for Hurricane Sandy and other natural disasters, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) urges federal firearms licensees (FFLs) and federal explosives licensees and permittees (FEL/Ps) to be prepared, and stand ready to protect their merchandise and facilities. ATF has prepared guidance (available online) regarding how to plan ahead before disasters strike. First, FEL/Ps should review the PDF brochure, Voluntary Steps to Prepare for a Pending Natural Disaster, (ATF Publication 5400.16, March 2011).
Additionally, a hurricane preparedness brochure and a video are available on ATF’s website. The brochure, Disaster Preparedness for Federal Firearms Licensees (ATF publication 3317.7) provides information regarding businesses that are affected by flooding or other natural disasters. The video, “Disaster Preparedness,” can be accessed on the ATF Online Education Seminars Page.
FEL/Ps that have additional questions concerning preparedness are urged to contact their local ATF field office or the Explosives Industry Programs Branch at 202-648-7120.
FFLs with additional questions, should contact their local ATF field office or the ATF Firearms Industry Programs Branch at 202-648-7190. For other useful information on planning for a natural disaster, please visit www.ready.gov. Further information about ATF is available at www.atf.gov.
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The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has released its 2011 interim Annual Firearms Manufacturers and Export Report (AFMER). The report shows U.S. firearms production in 2011 totaled 6,398,854 units, a 17.2% increase over 2010.
Rifle production showed a big gain, with 2,293,247 rifles produced in 2011 vs. 1,830,556 in 2010, a 25.3% increase. We think the large increase in rifle production is a good sign for the shooting sports, as the buyers of many of these long guns may join the ranks of competitive shooters.
Compared to the previous year, in 2011 large increases were seen in the production of 9mm pistols (up 33.3%) and large-caliber (.40 to .50 Cal) pistols (up 32.9%). On the other hand, production of most classes of centerfire revolvers declined. Overall production of centerfire revolvers (.23 to .50 caliber) dropped 1.9%, with the biggest decline in the small (.32 cal and under) revolvers. Production of these smaller wheelguns dropped 39.8%, probably due to the stagnation of the Cowboy Action market. But production of big-bore (.45 to .50 cal) revolvers did rise 29.2%. Americans like big wheelguns, and the manufacturers ramped up 2011 production to fill the demand.
FFL-holders take note. The ATF has revised Form 4473 for over-the-counter transactions. As of July 9, 2012, for all transactions requiring a 4473, use of the NEW REVISED FORM is MANDATORY. You need to start using the new form right now. ATF mailed new Form 4473 packets to FFL-holders. If you have not received the new Form 4473, CLICK HERE to Download New Revised Form 4473.
If you are an FFL and have not received a supply from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), contact your local ATF office immediately. To obtain the forms, call the ATF Forms Distribution Center, 301-583-4696, or order online at www.atf.gov.
UPDATE: If you have not received a packet of the revised ATF Form 4473, April 2012 Edition. To ensure that you are utilizing the correct version of the form, you may print the revised ATF Form 4473 at http://www.atf.gov/forms/download/atf-f-4473-1.pdf. Please be sure to copy all six pages of the form and staple them together if you elect to use a printed or photocopied version of the form.
The impetus for the revisions resulted from two opinions issued by the Department of Justice (DOJ) relating to aliens’ ability to receive and possess firearms. In response to DOJ’s concerns, questions ll.l and 12, and corresponding instructions, have been modified. See "Open Letter to All Federal Firearms Licensees" for a more detailed explanation and a copy of the revised form, along with "notices, instructions and definitions."