The Down Range Forum
Member Section => NFA Items => Topic started by: Marshal Halloway on December 30, 2011, 10:31:17 PM
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Updated: 12/31/11
Suppressors (silencers) are legal to own under federal law. At this time, the following states allow private ownership of silencers: 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.
CA, IA and MA allow Class 3 dealers and Class 2 manufacturers to possess silencers.
Silencers, like machine-guns, are regulated under the National Firearms Act (NFA) of 1934, and are regulated by the Bureau of Alcohol, Tobacco, and Firearms. The procedure is as follows.
To legally purchase a silencer or any item falling under the purview of the NFA, you must be at least 21 years of age, a resident of the United States, and have no felony record.
The first step is to locate a Class 3 dealer in your state who either has or will order the item you are interested in.
Once a product and price have been settled on, the Class 3 dealer will provide the prospective purchaser with duplicate ATF Form 4's and two sets of fingerprint cards.
The Form 4's must be filled out on both sides, with passport photos of the prospective buyer affixed to the backside of the form.
The buyer then has the Chief Law-Enforcement officer sign the rear of the Form 4's attesting the prospective purchaser does not possess a criminal record and is not wanted.
The two fingerprint cards must be completed and signed by a Law Enforcement agency. The completed paperwork is then sent to the Department of the Treasury with a check or money order for $200.00.
The $200.00 is known as a "transfer tax" because it must be paid whenever ownership of the silencer is "transferred" (in this case, the dealer to the prospective purchaser). As long as ownership remains with the same person, the tax need not be paid again. Only if the owner sells it will a new transfer tax need to be paid. An owner may will his silencer to a lawful heir with no tax incurred.
Once the paper work is submitted, it normally takes 60 to 120 days to receive the approved, stamped paperwork from the NFA Branch.
It is only upon the return of the approved paperwork that the dealer can allow the prospective purchaser to take possession of their new silencer.
A copy of the approved paperwork must accompany the silencer at all times (the original should be stored in a safe deposit box).
Silencers can be transported to other states that allow their ownership, but to transport a silencer into one of the states which prohibit private ownership can subject the owner to serious state felony charges.
According to Outdoor Wire's Rich Grassi (http://www.theoutdoorwire.com/archived/2011-12-05_tow.html), clearing the CLEO requirement off of Forms 1 and 4 has been approved by the DOJ. The revised Forms are being laid out and sent to Office of Management and Budget. They'll examine the proposed regulations and forms change and open the proceeding up for public comments. When that process is completed, they'll approve the printing run and disseminate the forms.
Manufacturers of Suppressors:
Advanced Armament (http://www.advanced-armament.com)
Silencerco (http://www.silencerco.com)
Surefire (http://http://www.surefire.com)
Updated: 12/31/11
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Great information! One correction, as of last August Missouri has removed the requirement for a FFl to possess a suppressor. Now, you only have to abide the federal laws regarding suppressors.
Brian
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Thank you Marshall that clears up a lot of "gray areas".
I need $200... ;D
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Thank you Marshall that clears up a lot of "gray areas".
I need $200... ;D
Dittos to Marshall.
And TW you need a lot more than that cause they're not cheap.
And as we've discussed before, the technically correct word for these are suppressor, but the legally correct word, as codified in federal law, is silencer.
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Michigan was also added to the states that allow ownership by private citizens. A couple of links:
http://www.michigan.gov/ag/0,4534,7-164--261765--,00.html (http://www.michigan.gov/ag/0,4534,7-164--261765--,00.html)
http://www.examiner.com/gun-rights-in-detroit/michigan-ag-ruling-now-allows-michigan-residents-to-own-firearm-silencers (http://www.examiner.com/gun-rights-in-detroit/michigan-ag-ruling-now-allows-michigan-residents-to-own-firearm-silencers)
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"The Outdoor Wire" announced that the CLEO requirement will be discontinued...
http://www.theoutdoorwire.com/archived/2011-12-05_tow.html (http://www.theoutdoorwire.com/archived/2011-12-05_tow.html)
Details are described in the "Feature" at the bottom of the mailing.
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Dittos to Marshall.
And TW you need a lot more than that cause they're not cheap.
And as we've discussed before, the technically correct word for these are suppressor, but the legally correct word, as codified in federal law, is silencer.
Meanwhile in every other mechanical application of the same device, (like your car, Motorcycle, or chainsaw ) it's called a MUFFLER.
;D
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Thanks for helping me keep the info updated. As soon as I get an alert on changes and it is confirmed, I will edit the post.
Last edit 12/31/12. (http://www.downrange.tv/forum/index.php?topic=18548.msg237685#msg237685)
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It says above:"Silencers can be transported to other states that allow their ownership, but to transport a silencer into one of the states which prohibit private ownership can subject the owner to serious state felony charges."
Based on what I have researched it does not appear to be the case that you can transport across State lines without authorization from our friends at the BATF&E. I am not a lawyer, but I would check that before crossing any lines. Feel free to enlighten me if I am incorrect or mis-informed.
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How does this work with a gun trust is that considered a person?
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How does this work with a gun trust is that considered a person?
A trust is a fictitious corporation so it is not a person. All NFA rules apply regardless of what means you use to acquire it; as a person or as the trust created by a person designed to own the NFA items. The primary difference in the buying experience is you do not need fingerprints, photo and a letter of approval from the Chief Law Enforcement Officer. The second difference is that all Trustees can possess the NFA item whereas an individual who buys is the only one who may legally possess the NFA items. After you die, the Trust can ensure a lawful transfer of the NFA items where it may be a little more dicey for the heirs of an individual to possess, keep or sell the NFA items.
FTR, Paraguy is a gun nut, NOT a lawyer. YMMV.
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My check has now been cashed by the BATF, now the waiting begins for my tax stamp. Took a couple of weeks for them to cash the check, now I am guessing it will be 6 months until she can come home with me;-)
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My stamp for my suppressor arrived 9.5 months after purchasing. I feel a little less infringed now;-)
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Hells Bells, babies don't take that long!
Richard
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Question on ownership. If i purchase a suppressor in a legal ownership state, take possession of the suppressor, and then move to non-legal state. Can I leave the suppressor at my permanent residence in the legal state, or does the suppressor have to be sold and transferred? Does one have to notify the ATF of address changes?
Thanks -
John
Hanover, MD
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That would be ok, but bring it to the state that has prohibition would get you in hot water.
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Thanks. I just wanted to ensure that it was legal to leave behind locked up. I knew I couldn't take it with me as I would be breaking state law. I didn't know if you had to notify the ATF every time you moved. it's a bummer that I'm likely moving to MA and they are illegal there as with several of my firearms. Last time I lived there I had to leave my firearms at my brother's house.
Regards,
john
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Check with MA on the guns you own. Because you're moving here, you may only have to register them. Unlike other states like CT, you can't buy certain guns here but I think you can move here and they're grandfathered in.
I'll ask my local PD and let you know. You're probably correct about the suppressor, though!
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Just spoke with the local licensing officer of my town here in MA and here's what he's told me...
The suppressor is absolutely not allowed in MA under any circumstances.
All of your other guns are perfectly legal to bring into the state as long as you get your LTC (License to Carry) in the required time frame after gaining residence. You will have to register ALL of your firearms, long guns, shot guns and handguns with the exception of muzzle loaders.
Your large capacity magazines are legal as well. It's perfectly legal to own a Glock 17 with a 33 round mag as long as it wasn't purchased here. Our firearms roster is what controls what DEALERS can sell, not what we can own.
I would advise strongly that you to check all of this yourself by either talking to the local PD where you're moving or call the Firearms Bureau directly @ (617) 660-4780 or the AG's office in Boston.
Be safe...
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I am not a lawyer, but if you leave your suppressor in that state, and someone lives there they could be in material possession of a Class III item. As such, they and you could unknowingly be breaking a law. This is where a Trust can address ownership, and whoever lives in your old residence where you left the suppressor would be able to possess it as a trustee. Best to check with a qualified attorney.
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You can leave an NFA item behind. But if it is individually owned by you, then it would need to be in a locked container that the person it is left with can't access it. Or in the ATF's words:
http://www.atf.gov/firearms/faq/national-firearms-act-firearms.html
Q: If an individual is changing his or her State of residence and the individual’s application to transport the NFA firearm cannot be approved because of a prohibition in the new State, what options does a lawful possessor have?
NFA firearms may be left in a safe deposit box in his or her former State of residence. Also, the firearm could be left or stored in the former State of residence at the house of a friend or relative in a locked room or container to which only the registered owner has a key. The friend or relative should be supplied with a copy of the registration forms and a letter from the owner authorizing storage of the firearm at that location.
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Also for going to MA as a gun owner the short answer is don't do it. I am saying this as a person who took a job in MA and moved to a home in southern NH. There are a number of things that are illegal for you to bring there. Silencers, post 94 assault weapons and post 94 high capacity magazines would top the list. There are other things like pre 94 assault weapons and magazines that you can have but you will need to get a license. Before deciding on a move you should understand both what is legal to own there and also the MA licensing rules.
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Also for going to MA as a gun owner the short answer is don't do it. I am saying this as a person who took a job in MA and moved to a home in southern NH. There are a number of things that are illegal for you to bring there. Silencers, post 94 assault weapons and post 94 high capacity magazines would top the list. There are other things like pre 94 assault weapons and magazines that you can have but you will need to get a license. Before deciding on a move you should understand both what is legal to own there and also the MA licensing rules.
I live in MA at present and for the next 8-10 years at least and I agree you should do your homework prior to making a decision. Yes, licensing is required for any gun ownership other than a muzzle loading firearm but I've been told by my local PD and a local SP that pre 94 guns are legal if brought in from out of state as are magazines bur you MUST gain a license within "X" amount of days after gaining residency!
Still, it's advisable to call the Firearms Bureau at the number I listed previously to get the latest and greatest encumbrances on our 2nd Amendment rights here in the Peoples Republic!
Firearms Bureau directly @ (617) 660-4780 or the AG's office in Boston.
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Property taxes in NH are lower,there's no state income tax or sales tax and in the original colonies Southern NH isn't THAT far from RI or Conn, never mind anyplace in Mass.
And NH gun laws are more lenient than any other state that requires a CCW .
(Granted, Ariz and Alaska have us on that one. ;D )