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April 13th, 2014

FFLs Take Note — BATFE Shuts Down eForms System

Bureau of Alcohol, Tobacco, Firearms & Explosives ATF BATFE

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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September 5th, 2013

Silencer Facts: 39 States Now Allow Sound Suppressor Ownership

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 Jurisdictions Hunting map

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.

Map Graphic by American Silencer Association.
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October 28th, 2010

Suppressor Sales Rise in United States

Reflecting increased awareness among shooters of the benefits of firearms noise reduction, suppressor sales in the USA rose 9% in the past year (10/1/2009-9/30/2010) compared to the previous 12 months. This is based on BATFE records of NFA transfer stamps issued through state Form 4s. According to a report from the National Shooting Sports Foundation, suppressors (also called silencers, sound moderators, or ‘cans’) are becoming increasingly popular as more shooters learn the proper procedures for lawful suppressor ownership.

Texas is #1 in Suppressor Ownership
The three top states for BATFE-approved suppressor sales are Texas (3,621 sales), Florida (2,053 sales) and Georgia (1,153 sales). Ironically, in some of the most “eco-conscious” states, such as California, suppressor ownership by regular citizens is still prohibited. But we may see further liberalization of state laws on suppressors, as the public perception of firearms sound moderators evolves.

Well-informed American legislators have taken note that suppressors are legal (and widely used) in many European countries. In fact, in some European nations, the use of a suppressor is mandatory if you want to shoot or hunt near populated areas. The Europeans understand that sound moderators provide important safety protection for shooters while reducing “noise pollution” affecting the general populace. For both shooters and non-shooters, the benefits of suppressors far outweigh the problems associated with the use of silencers by criminals. Unfortunately, there are still many states where anti-gun decision-makers continue to block private suppressor ownership, even where that conflicts with health and safety rules. Ammoland.com reports that: “In the states where [suppressors] are still illegal the Laws and Regulations on Noise Pollution, Health & Safety at Work etc. are in direct conflict with Firearms Legislation outlawing the use of Suppressors on Firearms.”

To learn more about suppressor design features and ownership requirements, we suggest you read ZaK Smith’s article: Modern Rifle Suppressors — What You Need to Know.

NSSF Approved Silencer Report for 2010

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