Are silencers or suppressors for firearms illegal?
I live in Colorado and there is a particular outdoor range I like to frequent from time to time to shoot my black powder rifle. I called them once to see what their hours of operations were due to a snow storm we had recently, and I got a recording. The recording said the usual stuff, you know "thank you for calling. we are open from 9am-7pm. " (Here’s the kicker)…"Coming April 2006 we will be allowing fully automatic and silenced firearms on our ranges."
It was my understanding that possessing a fully automatic weapon or a silencer for any type of firearm was only permitted for military Personnel and a select number of law enforcement agents, but totally against the law for any civilian to possess such items.
Can someone please clarify this point for me. Thanks
Posted in military firearms
February 11th, 2010 at 10:21 pm
Ranb40, I don’t know how to respond to your comment any other way except with my own post, so here goes:
In my county in Florida (Manatee), the sheriff has repeatedly gone on record as being unwilling to sign any Form 4s. As a result, I’ve entertained the idea of incorporating for the purpose of purchasing a restricted firearm as a corporate asset and bypassing the CLEO signoff. But I was told that in that case, I would be opening myself up to an unwarranted search. Is the rule any different if the NFA firearm is a corporate asset, rather than a personal firearm?
P.S. to answer the question, it’s a pain but entirely possible to purchase either a full auto firearm or a suppressor, or both. Easier to purchase the supressor, because they still make them for purchase. Civilians can’t purchase any select-fire weapon manufactured after 1986.
February 11th, 2010 at 10:21 pm
i would like to refer you to your local policing force they will now what is legal in your area also the local batf office will be able to provide assistance in this matter since they can change from time to time or area to area as i can only comment on where i live i would suggest you ask these resources they can also help you get started with any paperwork you may need to do
February 11th, 2010 at 10:21 pm
There are no federal laws banning silencers. However, civilians must have BATFE authorization to buy, sell, own or make silencers. This is routinely given to anyone who is 21 or older, not a felon, and otherwise allowed to own firearms. I have never heard of any ATF form 4’s (to buy, sell) or ATF form 1’s (to make) being rejected by the BATFE as long as they were filled out correctly by a person living in a state that allows civilians to own silencers..
Civilians in 36 states are allowed to own silencers. Some states (like Texas) require that the silencers be registered with the ATF, but this is required in the entire USA anyway.
There are no permits or licenses required to own, buy, sell or make a silencer, just the $200 tax stamp.
Silencers are actually title II weapons, the terms class 1/2/3 are for importer/manufacturer/dealer FFL/SOT’s.
Some people who lack brains like to claim that you give up your right to unreasonable searches if you buy or make a silencer. Nothing on the ATF form 1 or 4 requires that you give up this right. Dealers and other FFL/SOT’s are subjected to one unwarranted inspection each year during business hours only. A warrant is needed at all other times. As long as you do not become a felon in the future, no ATF officer will ever care that you own a silencer.
If you want to buy or make a silencer, check and see if your local sheriff is willing to sign the ATF form before you buy. If he/she is unwilling, then you can form a corporation or trust; this means you do not need to supply photos, fingerprint cards or the sheriffs signature, but the corp you own will actually be the owner of the silencer.
Manevitch, please e-mail at ranb40@yahoo.com
Ranb
February 11th, 2010 at 10:21 pm
In most states, especially the "Free States" down South and out West, any law abiding citizen can purchase and own suppressor equipped firearms and detachable devices, as well as full-automatic weapons, without special licenses or permit requirements in most locales.
As long as a citizen can pass a background check required by BATFE regs, and pay the $200 transfer tax stamp, he or she can possess a suppressor-equipped weapon and/or separate detachable device.
For local restrictions and other requirements, check with one’s local Class 3 dealer, or other firearms provider.
And, contrary to other answers given here, this procedure WILL NOT cause undue attention from Homeland Security, the FBI, BATFE, or any other agency, Federal, state, or local.
February 11th, 2010 at 10:21 pm
in the US a special license for sound suppressors is required. additionally, various states have their own regulations regarding suppressors.
February 11th, 2010 at 10:21 pm
Federal law regulates but does not ban the possession and discharge of automatic weapons and supppressors. However, state and local jurisdictions (counties and cities) may impose additional regulations including bans on such automatic weapons and suppressors. The smart thing to do is to check with your local police or sheriff.
February 11th, 2010 at 10:21 pm
Well, if you watched "DJ" you tube movie you will have to agree that Gunny has the world’s best job.
February 11th, 2010 at 10:21 pm
Quick answer, "Yes, they are illegal unless certain provisos are met." Check with your BATF office in Colorado. You are correct about ‘possession;’ even with the proper paperwork you may have a problem with possession of such other than at home or said gun range. Home land security & other authorities may be REAL interested in why you are at ‘other’ locations possessing a suppressed and/or weapon capable of full-automatic fire.
Good luck.
H
February 11th, 2010 at 10:21 pm
It is not against the law for United States citizens to own or possess fully automatic firearms or devices called silencers or supressors, as long as the special laws covering these devices are met.
This is a common misunderstanding and the news media and Hollywood perpetrate the myths around this.
They are referred to as NFA Class 3 devices and are regulated by special license and permits from the BATF.
February 11th, 2010 at 10:21 pm
You should know better then to ask such a question like that.
February 11th, 2010 at 10:21 pm
True, so those with the permits, will be the ones on the range improving "their" skills just like everyone else, also check with the Police.
February 11th, 2010 at 10:21 pm
not just military or law enforcement can own such items. it really depends on who you are. what level of society you are in. the money you have or make does not always count, because of back ground checks. you have to have a very clean back ground before you can own or even posses a fully automatic weapon or silencer. i would imagine some states do out law those items.
February 11th, 2010 at 10:21 pm
automatic weapons are legal if you posses the correct permit, either a class III FFL or a collector permit, the same applies for silenced weapons, however I’m not sure of the permit needed for a suppressor
February 11th, 2010 at 10:21 pm
you would still need to have a federal permit to have a silencers and fully automatic weapons. You would still need to check with your local law enforcement officials to check your local laws in that area