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.*
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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Do you own an AR-platform pistol, or are you considering purchasing one? Then you should read the Special Notice issued on 12/18/2020 by the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) concerning features of these firearms. Basically, the ATF is considering reclassifying many of these guns as “short-barreled rifles” because the attached braces effectively function like a rifle buttstock. For decades short-barreled rifles have been a registered item under ATF rules requiring an application and tax stamp. The ATF is now looking at multiple factors to consider the status of AR Pistols. These factors are listed in the ATF’s recent Special Notice: Objective Factors for Classifying Weapons with “Stabilizing Braces”.
Here is text taken from the ATF’s notice in the Federal Register. Take heed — this is only a partial section of the document. You should read theFULL DOCUMENT (PDF Version).
ATF has observed that the development and production of firearms with arm braces has become more prevalent in the firearms industry and, relatedly, that requests for classifications for this kind of firearm design have also increased. Therefore, ATF is publishing this notice to aid the firearms industry and public in understanding the objective design features that FATD (Firearms and Ammunition Technology Division) considers when evaluating firearm samples submitted with a stabilizing brace or similar attachment.
The objective design features ATF considers in determining whether a weapon with an attached “stabilizing brace” has been “designed or redesigned, made or remade, and intended to be fired from the shoulder” include, but are not limited to:
Type and Caliber. The type and caliber of firearm to which the stabilizing brace or similar item is installed. A large caliber firearm that is impractical to fire with one hand because of recoil or other factors, even with an arm brace, is likely to be considered a rifle or shotgun. Weight and Length. The weight and length of the firearm used with the stabilizing brace. A firearm that is so heavy that it is impractical to fire or aim with one hand, or so long that it is difficult to balance the firearm to fire with one hand, is likely to be considered a rifle or shotgun. Length of Pull. The “length of pull” refers to the distance from the trigger to the point at which a stock meets the shoulder. This is a measurement for rifles and shotguns used to accommodate shooters of different sizes. Because an arm brace need only reach the forearm, the distance between the trigger and the back of the brace is generally expected to be shorter than the distance between the trigger and the back of a stock on a weapon designed and intended to be fired from the shoulder. This measurement is not necessarily determinative of the intent of the manufacturer but is used in making an evaluation of the firearm. If a brace is of a length that makes it impractical to attach to the shooter’s wrist or forearm, then that may demonstrate that it is not designed as brace but rather for shoulder fire. Attachment Method. The method of attachment of the stabilizing brace, to include modified stock attachments, extended receiver extensions, and the use of spacers. These items extend the distance between the trigger and the part of the weapon that contacts the shooter, whether it is a stock or stabilizing brace. Use of these items indicates that the weapon is designed and intended to be fired from the shoulder because they extend a stabilizing brace beyond a point that is useful for something other than shoulder support. Stabilizing Brace Design Features. The objective design features of the attached stabilizing brace itself are relevant to the classification of the assembled weapon, and include:
— The comparative function of the attachment when utilized as a stabilizing brace compared to its alternate use as a shouldering device;
— The design of the stabilizing brace compared to known shoulder stock designs;
— The amount of rear contact surface area of the stabilizing brace that can be used in shouldering the weapon as compared to the surface area necessary for use as a stabilizing brace;
— The material used to make the attachment that indicates whether the brace is designed and intended to be pressed against the shoulder for support, or actually used on the arm;
— Any shared or interchangeable parts with known shoulder stocks; and
— Any other feature of the brace that improves the weapon’s effectiveness from the shoulder-firing position without providing a corresponding benefit to the effectiveness of the stability and support provided by the brace’s use on the arm.
Aim Point. Appropriate aim point when utilizing the attachment as a stabilizing brace. If the aim point when using the arm brace attachment results in an upward or downward trajectory that could not accurately hit a target, this may indicate the attachment was not designed as a stabilizing brace. Secondary Grip. The presence of a secondary grip may indicate that the weapon is not a “pistol” because it is not designed to be held and fired by one hand. Sights and Scopes. Incorporation of sights or scopes that possess eye relief incompatible with one-handed firing may indicate that the weapon is not a “pistol” because they are designed to be used from a shoulder-fire position and are incompatible for the single-handed shooting that arm braces are designed and intended. Peripheral Accessories. Installation of peripheral accessories commonly found on rifles or shotguns that may indicate that the firearm is not designed and intended to be held and fired with one hand. This includes, but is not limited to, the installation of bipods/monopods that improve the accuracy of heavy weapons designed and intended to be fired from the shoulder; or the inclusion of a magazine or drum that accepts so many cartridges that it increases the overall weight of the firearm to a degree that it is impractical to fire the weapon with one hand even with the assistance of a stabilizing brace.
The ATF concludes: “These factors are based on known stabilizing braces and similar attachments. No single factor or combination of factors is necessarily dispositive, and FATD examines each weapon holistically on a case-by-case basis. …. Moreover, in addition to the objective design features of a submitted sample, FATD also considers the marketing of both the item and the firearm to which it is attached, compared to the manufacturer’s stated intent when submitting an item.”
AR-Platform Pistols — Current Options on the Market
If you are interested in learning more about AR-platform pistols with short barrels, PewPewTactical.com has published a useful article entitled: Six Best AR-15 Pistols [2020 Complete & Build List]. That article quickly covers the legal status of such firearms, at least before the recent ATF Guidance document:
So, what exactly is an AR pistol? If you want the complex legal definition of a pistol Check ATF’s Website.
“The short version is: An AR Pistol is an AR-15 that was built from the start to be a pistol — it also has a barrel less than 16 inches in length and does not have a stock. Generally, an AR-15 Pistol will have a stabilizing brace instead of a stock, but that isn’t required.”
ATF Changes May be Coming — And You Must Consider State Laws As Well
However, PewPewTActical notes that: “The ATF is reevaluating its stance on stabilizing braces. Pew Pew Tactical is monitoring the situation and will update our readers if there are any legal changes in the future.” And… the article further cautions: “Double check your state law before embarking on this kind of build, what federally qualifies as a ‘firearm’ or ‘pistol’ might be an ‘assault pistol’ in your state.” SOURCE: PewPewTactical.com
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