GunsAmerica Digest has a new Suppressor Academy webpage that provides host of helpful information about suppressors (aka “silencers” and “cans”). The Suppressor Academy online resource page features in-depth articles with important information for anyone considering acquiring a suppressor. The articles explain the key benefits of suppressors, how to choose a suppressor, and how to comply with Federal and state laws regulating suppressors. Below we link to four Suppressor Academy articles. Click the title for each topic to read the full-length article.
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.
Suppressors serve one main purposes — to reduce the sound levels produced when firing pistol or rifle rounds. But GunsAmerica Digest editor True Pearce notes there are many other reasons to own a suppressor. A suppressor can reduce muzzle blast and felt recoil. The suppressor may prevent hearing damage that occurs through bone conduction better than earplugs and muffs because it reduces the noise energy at the source. When hunting, the reduced shot noise can help avoid spooking game. Having a suppressor also makes it easier to communicate when working as a team on a hunt. And, when compared to a muzzle BRAKE, suppressors are much less likely to kick up dust, dirt, sand, and snow when you shoot prone. READ FULL ARTICLE on GunsAmerica Digest.
There is some confusion surrounding the laws concerning suppressors, which are now legal in 42 U.S. States. In most jurisdictions that allow suppressor ownership, no additional state permit or license is required. But you do have to comply with Federal requirements when acquiring the suppressor. You may wish to create a trust to own the suppressor — there are some important practical advantages to having a suppressor trust. The Traditional NFA Gun Trust allows multiple responsible parties, i.e. “trustees”, to legally have possession of the suppressor. Each trustee must be verified and for each suppressor owned by the trust there will be a $200 Tax Stamp. READ FULL ARTICLE on GunsAmerica Digest.
When shopping for a suppressor there are many factors to consider: price, build quality, materials, sound level reduction effectiveness, weight, ease of mounting, and ease of cleaning and maintenance. We recommend that all suppressor buyers research the options. Check the manufacturer’s reputation, check diagrams for disassembly and maintenance. There are always trade-offs. Shorter suppressors may save some weight, but if they don’t cut the decibels as well you may be disappointed. You also need to consider the caliber — will your suppressor be used on multiple firearms? If so then get one that fits the largest caliber you will shoot. READ FULL ARTICLE on GunsAmerica Digest.
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NSSF Comments Against Biden Administration’s Proposed ‘Engaged in the Business’ Rule
NSSF, The Firearm Industry Trade Association, submitted a 28-page comprehensive public comment letter detailing the pitfalls of the Biden administration’s proposed “Engaged in the Business” rule that would create criminal law through executive fiat. The proposed Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) rule, published 9/8/2023, would redefine individuals considered to be “engaged in the business” of selling firearms, requiring nearly any individual selling more than one firearm to obtain a federal firearms license (FFL) and move the United States toward universal background checks, which was rejected by Congress.
“Respectfully, ATF lacks the legal authority to do so,” wrote Lawrence G. Keane, NSSF’s Senior Vice President and General Counsel in the public comment letter.
“The Proposed Rule exceeds ATF’s limited authority to adopt regulations. In enacting the Gun Control Act of 1968, Congress rejected making a violation of a regulation a crime,” the letter reads. “In enacting the Firearm Owner’s Protection Act of 1986, Congress further reduced ATF’s regulatory power. The specificity of authorized regulations negates a broad power.”
Keane added, “ATF has no authority to ‘improve’ on what Congress enacted or to create new crimes not enacted by Congress. An agency may not re-write statutory terms or fill in what the agency considers to be ‘gaps’ or ‘loopholes’ in the statute. The GCA is a criminal statute, and ATF’s reading is not entitled to any deference. Given that the GCA is a criminal statute with the same meaning in a civil context, ATF may not create presumptions thereon for civil or administrative purposes.”
Biden Administration Aggressively Targets FFLs
The Biden Administration, acting through the 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.
NSSF warns ATF in the public comment letter that the Proposed Rule would invite unintended consequences that would be detrimental to the ATF’s law enforcement and regulatory missions. The Proposed Rule would create an untold number of licensees, divert ATF resources away from providing necessary industry services, distract ATF from bona fide criminal investigations and harm both the legitimate firearm industry and ATF operations.
NSSF has been critical of Final Rules enacted by the Biden administration that have bypassed Congress to create criminal law through Executive overreach, including the ATF’s Final Rules on Frames and Receivers and Stabilizing Pistol Braces. Those rules are under legal scrutiny by U.S. Courts of Appeal.
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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.*
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.
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.
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.”
It appears that, under pressure from Democratic politicians and anti-gun lobbying groups, FedEx and UPS are now providing confidential information to the ATF and other Federal government organizations. There are suggestions that FedEx and UPS are recording shipping data, and also may be monitoring the contents of shipping packages. UPS has adopted rules that require gun stores to provide customer data and even make invoices. Likewise FedEx is asking gun shops to retain customer/content descriptions. The result of the these policy changes could be to “create a database of American gun purchasers”. That is a de facto gun registry, something that is forbidden under Federal Law.
Watch this video for details of new FedEx and UPS gun shipping policies:
The anti-gun polices were, apparently adopted in responses to threatening letters from Democratic Party U.S. Senators including Edward Markey, Dick Blumenthal, Cory Booker, Dianne Feinstein, and Chris Murphy.
“UPS has since adopted new regulations that require gun companies to turn over customer data and allow UPS access to review and examine the shipper’s books and records and provide UPS with invoices for any firearms-related products. All coincidental, of course. This new policy gives UPS the unlimited power and discretion to examine and review any customer documents related to firearms sales.
FedEx now apparently demands that gun store owners retain documents about what specific items those shipments contain and make that information available to FedEx upon request. This would allow these companies to create a database of American gun purchasers and determine exactly what items they purchased.
Recently reported by AmmoLand News, UPS changed its policy surrounding unfinished frames and receivers and even told customers that if it found any packages containing the targeted items, or what the Biden Administration calls ‘ghost guns’, their accounts would be canceled, and the items destroyed.”
18 State Attorneys General Challenge New FedEx and UPS Policies
To counter these policy changes by FedEx, 18 state Attorneys General have sent letters to FedEx and UPS top executives. The letter from the Montana A.G. Austin Knudsen to FedEx asks whether information about gun owners is being provided to Federal agencies:
“FedEx now apparently demands that gun store owners retain documents about what specific items those shipments contain and make that information available to FedEx upon request. These demands, in tandem, allow FedEx to create a database of American gun purchasers and determine exactly what items they purchased.
Perhaps most concerning, your policies allegedly allow FedEx to ‘comply with …requests from applicable law enforcement or other governmental authorities’ even when those requests are ‘inconsistent or contrary to any applicable law, rule, regulation, or order’. In doing so you — perhaps inadvertently — give federal agencies a workaround to federal law, which has long prevented federal agencies from using gun sales to create gun registries.”
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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.
GunsAmerica Digest has a new Suppressor Academy webpage that provides host of helpful information about suppressors (aka “silencers” and “cans”). The Suppressor Academy online resource page features in-depth articles with important information for anyone considering acquiring a suppressor. The articles explain the key benefits of suppressors, how to choose a suppressor, and how to comply with Federal and state laws regulating suppressors. Below we link to four Suppressor Academy articles. Click the title for each topic to read the full-length article.
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.
Suppressors serve one main purposes — to reduce the sound levels produced when firing pistol or rifle rounds. But GunsAmerica Digest editor True Pearce notes there are many other reasons to own a suppressor. A suppressor can reduce muzzle blast and felt recoil. The suppressor may prevent hearing damage that occurs through bone conduction better than earplugs and muffs because it reduces the noise energy at the source. When hunting, the reduced shot noise can help avoid spooking game. Having a suppressor also makes it easier to communicate when working as a team on a hunt. And, when compared to a muzzle BRAKE, suppressors are much less likely to kick up dust, dirt, sand, and snow when you shoot prone. READ FULL ARTICLE on GunsAmerica Digest.
There is some confusion surrounding the laws concerning suppressors, which are now legal in 42 U.S. States. In most jurisdictions that allow suppressor ownership, no additional state permit or license is required. But you do have to comply with Federal requirements when acquiring the suppressor. You may wish to create a trust to own the suppressor — there are some important practical advantages to having a suppressor trust. The Traditional NFA Gun Trust allows multiple responsible parties, i.e. “trustees”, to legally have possession of the suppressor. Each trustee must be verified and for each suppressor owned by the trust there will be a $200 Tax Stamp. READ FULL ARTICLE on GunsAmerica Digest.
When shopping for a suppressor there are many factors to consider: price, build quality, materials, sound level reduction effectiveness, weight, ease of mounting, and ease of cleaning and maintenance. We recommend that all suppressor buyers research the options. Check the manufacturer’s reputation, check diagrams for disassembly and maintenance. There are always trade-offs. Shorter suppressors may save some weight, but if they don’t cut the decibels as well you may be disappointed. You also need to consider the caliber — will your suppressor be used on multiple firearms? If so then get one that fits the largest caliber you will shoot. READ FULL ARTICLE on GunsAmerica Digest.
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On April 11, the Biden Administration nominated Steven Dettelbach as the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), subject to Senate confirmation. With Dettelbach’s nomination, President Biden revealed his intent to put an aggressive gun control advocate in charge of the agency responsible for regulating America’s firearms industry.
David Chipman, Biden’s first ATF Director nominee, failed to achieve enough support in the Senate to be confirmed. After Chipman’s shortcomings were exposed in Senate hearings, the Biden Administration withdrew Chipman’s nomination. Chipman had worked for anti-gun lobbying groups and advocated widespread banning of popular current firearms types and even supported confiscation of modern sporting rifles. When it was clear Chipman would not win Senate confirmation, Biden withdrew the nomination.
Now Biden has nominated a second ATF Director candidate who is equally objectionable.
NRA-ILA Says Dettlebach Supports Radical Restrictions on Gun Rights
The NRA-ILA states: “Like Chipman, Dettelbach is a dedicated gun controller with a background that proves he would be neither fair nor objective as head of ATF. When running for Ohio Attorney General in 2018, Dettelbach endorsed gun bans, restrictions on lawful firearm transfers, and further expansion of prohibitions on who can lawfully possess a firearm. In short, it’s unclear what gun control measures Dettelbach doesn’t support.
This led NRA-PVF to award Dettelbach an ‘F’ for his positions on the right to keep and bear arms. Notably, Michael Bloomberg’s … gun control group Everytown for Gun Safety (David Chipman’s former employer) endorsed Dettelbach in his bid to become Ohio’s Attorney General.
Ohio voters wisely rejected Dettelbach and his gun control promises in 2018. But, Dettelbach’s unpopular views on the Second Amendment put him in line with the most anti-gun presidential administration in American history.
It will once again be up to gun owners to make clear that a failed anti-gun politician has no more place at the head of the ATF than a failed anti-gun lobbyist. Please contact your U.S. Senators… and respectfully encourage them to oppose Dettelbach’s nomination.”
Dettlebach Supports Ban on Modern Sporting Rifles
The National Shooting Sports Foundation added: “NSSF is committed to a thorough examination of Dettelbach’s record and qualifications. Dettelbach has previously stated support for bans on Modern Sporting Rifles (MSRs), or AR-15 semiautomatic rifles, universal background checks, which are unworkable without a national firearm registry that is already forbidden by federal law, and extreme-risk protection orders, or so-called ‘red flag’ laws, without protections for Due Process considerations.
Dettelbach … a recent partisan candidate for public office, supported gun control during his campaign [and was] endorsed by the gun control group Everytown for Gun Safety, for his support for policies restricting Second Amendment rights.”
COMMENTARY: Dettlebach is a Staunch Enemy of the Second Amendment
We concur that Dettlebach is not a candidate who respects the Second Amendment. If appointed to head the ATF, Dettlebach can be expected to push for policies that will negatively affect the rights of all American gun owners. Dettlebach will likely seek to impose a de facto national gun registry (a digital database of gun owners), make background checks more difficult, and put more restrictions on semi-auto pistols and rifles.
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Through Executive action, without new Federal legislation, the Biden Administration, acting through the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is moving to ban the direct sale of unfinished firearm frames and receivers which could be built into functional guns with some additional work and components. (Top photo from GunsAmerica Digest.)
This week, the Biden administration announced the final ruling for ATF 2021R-05, “Definition of ‘Frame or Receiver’ and Identification of Firearms”. Among its provisions, the ruling will effectively eliminate the distribution of “80% Kits” and require FFLs and gunsmiths to serialize such kits upon acquisition. The rule will go into effect 120 days from the date of publication in the Federal Register.
“This ruling will have significant regulatory and operational impacts on FFLs, gun owners and the entire firearms industry,” said Phil Milks, Orchid LLC VP and FFL Law Lead Attorney. “It’s imperative firearm manufacturers and retailers review the ruling in detail and evaluate their manufacturing, serialization and recordkeeping processes to ensure compliance when the new regulations go into effect. We urge FFLs to contact Orchid to learn more about this ruling and how it may affect their firearms business.”
New ATF Ruling Covered at Upcoming 2022 Firearm Industry Conference
The ATF’s new policies on unfinished receivers will be the focus of a seminar at the 2022 Firearms Industry Conference (FIC), April 26-27 in Atlanta, Georgia. At the FIC seminar/discussion, ATF executives will review the new ruling and take questions. Agency personnel will also be available during scheduled breakout sessions and private FFL/ATF meetings. The seminar/discussion will be hosted by Orchid LLC and the Williams Mullen Firearms Industry Group.
“With ATF executives in attendance, we believed it was important for attendees to have an opportunity to hear from and engage with their leadership in open dialogue,” said Orchid CEO, Jon Rydberg.
Over 20 ATF executives will attend FIC 2022, including:
– Marvin Richardson, Acting Director, ATF
– Tom Chittum, Acting Associate Deputy Director, ATF
– Alphonso Hughes, Asst. Director, Office of Enforcement Programs & Services
– Andy Graham, Deputy Asst. Director, Office of Enforcement Programs & Services
– Marianna Mitchem, Chief, Firearms & Explosive Industry Division
– Curtis Gilbert, Deputy Asst. Director (Industry Operations), Office of Field Operations
– Andrew Lange, Chief, Office of Regulatory Affairs
“The Firearms Industry Conference is critically important, especially this year, to the firearms industry”, said Chuck James of the Williams Mullen Firearms Industry Group. Held April 21–27, FIC 2022 features virtual and in-person sessions led by Federal agency personnel, firearms industry leaders, and subject matter experts. Sessions are broken intro three tracks: Firearms Industry Law & Finance, FFL Compliance, and FFL Technology. FIC On-Air™ will be held online April 21–22, followed by FIC Workshops on April 25, with the main FIC event on April 26–27 in Atlanta. To register for FIC 2022, visit orchidadvisors.com/FIC.
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.*
Some 39 of the 42 states that allow suppressors also permit the use of suppressors when hunting. However, three states which allow suppressor ownership DO prohibit the use of suppressors while hunting or shooting game. These states, all in the Northeast, are: Connecticut, Maryland, and Vermont.
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.
Persons prohibited from acquiring a firearm, under Federal law, are those who fall into on or more of categories listed below. Prohibited individuals include any PERSON:
— Who was convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
— Who is a fugitive from justice;
— Who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act, codified at 21 U.S.C. § 802);
— Who has been adjudicated as a mental defective or has been committed to any mental institution;
— Who is an illegal alien;
— Who has been discharged from the Armed Forces under dishonorable conditions;
— Who has renounced his or her United States citizenship;
— Who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner; or
— Who has been convicted of a misdemeanor crime of domestic violence.
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