Approximately 27,000 suppressors, also called “silencers” or “sound moderators”, are sold in the United States every year. That may surprise you because the main-stream media often incorrectly report that suppressors are illegal. In fact, suppressors are legal to own in 39 states, provided that the devices are acquired in compliance with federal and state laws (which are explained below). In most of those 39 states, owners of legally-acquired suppressors may use their “cans” for hunting. The American Silencer Institute (ASA) has created a graphic showing where suppressors are legal to own, and where they may be used for hunting. Take a look:
SILENCER LEGALITY AND OWNERSHIP
Silencers are regulated under the National Firearms Act (NFA) of 1934, under the oversight of the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE). To legally purchase/possess a silencer you must:
Be at least 21 years of age to purchase a silencer from a dealer.
Be at least 18 years of age to purchase a silencer from an individual on a Form 4 to Form 4 transfer (contingent on state laws).
Be at least 18 years of age to possess a silencer as a beneficiary of a trust or as a member of a corporation (contingent on state laws).
Be a resident of the United States.
Be legally eligible to purchase a firearm.
Pass a BATFE background check with a typical process time of 60-120 days.
Pay a one-time $200 Transfer Tax.
Reside in one of the 39 states that currently allows civilian ownership of silencers.
NOTE: In addition to these basic Federal rules regarding silencers, particular states may have additional registration requirements or other regulations. Check with a knowledgeable firearms attorney in your jurisdiction before beginning the process of buying a suppressor.
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 140dB 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.
On August 29, 2013, the Obama administration announced two Executive Orders that will restrict the importation and domestic transfers of certain classes of firearms. These two Executive Orders operate as law by fiat, not subject to Congressional concurrence.
One Executive Order bans the re-importation of surplus U.S.-made rifles, including M1 Garands and M1 Carbines. Such rifles are used in Civilian Marksmanship Program (CMP) competitions. For decades the CMP has sold M1 Garands and M1 Carbines, many re-imported from arsenals overseas, to qualified American shooters. The White House stated: “Today, the Administration is announcing a new policy of denying requests to bring military-grade firearms back into the United States to private entities, with only a few exceptions such as for museums.”
It is unclear how this Executive Order will enhance public safety, since FBI crime statistics show that such vintage arms are virtually never employed in the commission of crimes. Professor John R. Lott Jr., former chief economist at the United States Sentencing Commission, observes: “Despite the scary rhetoric, the White House is leaving out one important point: it isn’t pointing to any cases where imported U.S.-made military weapons have been used in a crime. And the reason is obvious: there probably aren’t any.”
The second Executive Order changes the rules on acquisition and transfers of National Fireams Act (NFA) firearms (such as machine guns) and other NFA items (such as sound moderators) through Corporations and Firearms Trusts. When sold to individuals, such items do require background checks. However, the White House claimed: “At present, when the weapon is registered to a trust or corporation, no background check is run. ATF reports that last year alone, it received more than 39,000 requests for transfers of these restricted firearms to trusts or corporations.” It is the intent of this Executive Order to block a significant number of NFA transfers to Firearms Trusts and Corporations. Again, it is unclear how the new restrictions on NFA transfers will reduce crime. In fact, BearingArms.com asserts that: “Only two [registered] NFA machine guns — neither of which were acquired via gun trusts — have been used in murders in 79 years.”
Professor Lott challenges the need for changes to the NFA Laws as they pertain to corporations: “Again, the Obama administration doesn’t provide examples of people using a corporation to register handguns or semi-automatic rifles as a way to bypass criminal background checks. More importantly, it fails to point to any cases where such guns have been used in crimes. Yes, when registered to a corporation, any officer is allowed to possess the machine gun, but [the transfer] still requires a NICS check for the person actually picking up the gun.” READ Lott Commentary.
Thoughts On Executive Orders — by Tony Chow It’s important to realize that the anti-gun people aren’t interested in gun control as a practical measure to combat “gun violence” or achieve “gun safety”. They are animated above all by a reflexive dislike of guns, and an abhorrence of the very notion of an armed citizenry. Their motives are ideological, rather than practical. To them, it doesn’t matter whether a type of firearm is used in crimes or not; the only good gun is a banned gun. This explains why the efforts in the 70s and 80s to restrict handguns, which still account for the vast majority of gun crimes, were abandoned in favor of an assault on “assault weapons”, .50-caliber rifles, and now, vintage “military-style” rifles and already heavily-restricted NFA weapons — firearms that, though used infrequently or not at all in crimes, are easy to describe in scary terms to the general public.
Tony Chow is a target shooter who competes in smallbore and 300-meter disciplines.
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This week on Gun Talk Television, it’s all about NFA firearms and accessories, including machine guns and silencers. In 1934, Congress passed the National Firearms Act, enacting a tax and registry on many different firearms and accessories, including machine guns, short barrel rifles, and silencers.
Gun Talk’s Tom Gresham goes on an NFA tour in this week’s episode and visits Sig Sauer Academy to view and shoot Sig’s new line of suppressors. Tom also checks out a suppressed Ruger 10/22 rifle, and takes Kel-Tec’s SU16-D9 short barrel rifle to an indoor range. Gresham also meets with gun collector John Long, who shows off his extensive collection of machine guns, sub-machine guns, and silencers.
Preview Gun Talk TV NFA Episode on YouTube
Gun Talk Television airs on the Pursuit Channel on Mondays at 8:00 a.m. ET, Wednesdays at 12:30 p.m. Eastern, Fridays at 9:30 p.m. ET and Sundays at 1:00 a.m. ET. Check your local listings for additional broadcast times. Get the latest news and access Gun Talk’s video library at GunTalk.tv. You’ll also find a large selection of videos on GunTalk’s YouTube Page
NFA (Title II) Firearms are guns and other items regulated by the National Firearms Act (NFA). These firearms or weapons are commonly referred to as “Class 3″ items, referring to the class of Federal Firearms License (FFL) a dealer must hold to sell or transfer these items. The NFA regulates the sale, use, possession, and transfer of machine guns, short-barreled shotguns and rifles (SBS and SBR), silencers, destructive devices, and any other weapon (AOW – any firearm that is not explicitly addressed by the NFA such as cane guns and pen guns and including, but not limited to, firearms such as smooth bore pistols and revolvers that fire shotgun shells and have barrels less than 18 inches long).
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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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Are you bored with your “whimpy” .50 BMG? Looking for something with a little more punch? Well J.D. Jones and his team at SSK Industries have created a truly big boomer — the .950 JDJ. As its name implies, rifles chambered for the cartridge have a bore diameter of 0.950″ (24.13 mm). This would normally make such rifles “destructive devices” under the 1934 National Firearms Act (NFA). However, SSK obtained a “Sporting Use” exemption allowing the rifles to be sold without special restrictions as destructive devices. CLICK HERE to watch .950 JDJ being fired.
.950 JDJ Specifications
Rifle Cost: $8000.00
Ammunition Cost: $40.00 per round
Projectile Weight: 3,600 grains (more than half a pound)
Rifle Weight: Between 80 and 120 pounds
Muzzle Energy: 38,685 ft/lbs (52,450 Joules)
Momentum: 154.1 Newton-seconds
As crafted by SSK Industries, .950 JDJ rifles use McMillan stocks and very large-diameter Krieger barrels fitted with a massive 18.2-lb muzzle brakes. The ammo produced by SSK features solid 3,600 grain bullets and CNC-machined cartridge brass. It is also possible (through a lot of work), to use a 20mm cannon casing shortened and necked-down.The primer pocket is swaged out to accept a .50 cal machine gun primer. That 3,600 grain bullet is just massive — it weighs more than half a pound. The cartridge propels its 3,600 grain bullet at approximately 2,200 fps. This yields a muzzle energy of 38,685 ft-lbs and a momentum of 154.1 Newton-seconds. The energy on target (knock-down power) is comparable to WWI-era tank rounds.
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