CIVILIAN
SILENCER OWNERSHIP INFORMATION
Contrary
to popular belief, silencers are and always have been 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, KY, LA, ME, MD, MT,
NE, NV, NH, NM, NC, OH, OK, OR, PA, SC, SD, TN, TX, UT, VA, WA, WI, and WY.
Of the fifteen states that do not allow civilian ownership, CA, IA, KS, MA,
MO, MS, and MI 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 for owning a silencer may seem daunting at first,
but actually requires less paperwork than buying an automobile.
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.
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