Florida: Ways to obtain a Silencer...HELP

Status
Not open for further replies.
P

presidente006

Member
Joined
Mar 22, 2008
Messages
42
Location
Miami, Florida
Hey everybody. Ive been looking into getting a silencer for my AR-15. I finally found a deal that I cannot pass up. Ive seen a few websites that sort of explain the process of geting one. Ive also gone to a few gun shops and one of them offered to do the "Trust" thing. Im kind of leaning towards going that way but the price they would charge for the trust seems kind of steep. I spoke to a law firm that does trusts for the same thing and their price was even worse. Ive also been told about the ATF Form 4 route. Obviously I would have to get my Chief of Police involved. Which Im hoping if I go that route he wont mind doing it, considering I went to school with his son.

Could anyone please explain the different routes one could take in obtaining a silencer? And what I could expect?

I already know about the $200 tax stamp. Thats not a problem. Its the stuff before that that Im real fuzzy on.

Thanks in advance.
 
Talk to an NFA dealer* in your area who would handle the transfer for you. They can advise on the likelihood of specific Chief law Enforcement Officers (CLEOs) in your jurisdiction who would or would not sign the Form 4 for you.

*An NFA dealer is one who can transfer NFA items (silencers, SBSs, SBRs, MGs) without paying an additional $200 tax. You will have to have one in your state of residence to conplete the transaction (unless the seller is an NFA dealer in your state). Either way, ask them.
 
You can set up a corporation too. Only problem with that is the recurring fees.

What'd they quote ya if you don't mind me asking?

I'd also think with the internet, you'd be able to do the trust thing yourself.
 
There are three basic alternatives for NFA ownership:
1) Individual. This alternative requires obtaining a CLEO (police chief, sheriff, etc.) signature, passport photos and fingerprints.
2) Trust. No need for a CLEO signature, passport photos or fingerprints.
3) LLC / Corporation. No need for a CLEO signature, passport photos or fingerprints.

IMO, the individual route is more hassle in the short run, but less hassle in the long run.
 
Bump that: consider going personal ownership first. If you can get the CLEO signoff, it's no big deal, and it's YOURS (not some virtual entity's that you have to pay periodically to maintain). Do the trust route only if CLEO signoff really is a problem (and there's a bunch of people who can do that: sheriff, judges, DA, etc.).

Yes, there's issues with each option. Accepting that, I'd rather know my NFA stuff is MINE. Your preferences may vary.
 
If you can actually get a sign-off from the CLEO in Miami-Dade, then congratulations and nice work. And you've probably saved several hundred dollars. But generally speaking, most CLEOs that I know of in Florida will refuse to sign, no matter *who* you are. I've heard rumors of agencies where the second-in-command wouldn't be given a sign-off.

Bite the bullet, and get the trust set up. I don't know whether it's safe to try to do it yourself, and having ATF come back to bite you would be a poor way to learn that you screwed something up. It may be pricey, but I'd trust a Real Lawyer rather than settling for Doctor Nick's Legal Advice (Hi, Dr. Nick!).
 
what do you do if there are no nfa dealers in your state?
Click to expand...
The suppressor could transfer to a regular dealer on a Form 4 ($200 transfer tax), then to you on a Form 4 (another $200 transfer tax).
 
+1 for find your local NFA dealer. They will be the most up to date on the local situation. There might be one official somewhere whom no one would normally think to go to who would sign a Form 4. If anybody would know about it, it would probably be them (all their other customers are getting forms through SOMEHOW).

Also, that's generally where your new toy will wait while YOU wait for the approved form to come back.
 
Since there are no nfa dealers in KS. can I avoid paying double taxes by making one myself? If so what does that process look like? Do I have to do all of the machining myself or can I farm part of it out? Thx.

I.C.
 
Just google "class 3 dealers kansas" and you'll find some.

ETA: A couple of Kansas class 3 dealers are listed here.
 
Last edited:
Wait for it. There will be some SOT 3 dealers in Kansas, as now it's legal to own NFA weapons in Kansas.

If you have the skills, you can file a Form 1 and make your own suppressor for the $200 tax. The only thing you can't Form 1 (except 1 exception) is a machine gun.
 
If you decide to go the trust route, you may want to look into authoring your own trust documents using Quicken Willmaker. It is $39.99 for the download and will print out the documents you need to have notarized to create your trust.

Yes it is that simple and it is legal. If you have family members that will be transporting, handling, or moving your suppressor, you may want to include them in the trust. If you move, you need to update your trust as well as comply with the ATF requirements for notification of a new address.

I don't have a suppressor yet, but have been looking into the process as well.
 
If you have family members that will be transporting, handling, or moving your suppressor, you may want to include them in the trust.
Click to expand...
I am not a lawyer, but I wouldn't be comfortable with a successor trustee* or a beneficiary being in control of NFA trust assets.

* not acting as trustee in office
 
Status
Not open for further replies.

Similar threads

D
  • Locked
Bayonet Help
Replies
7
Views
1K
Dimis
D
H
  • Locked
Homemade silencer, trust legal predicament
Replies
11
Views
2K
quilobo
Q
C
  • Locked
question for sporting clay folks-looking to buy gun
2
Replies
26
Views
1K
Dave McCracken
D
Q
  • Locked
Police Silencers in Minn.
2
Replies
25
Views
2K
earl_simmons
E
S
  • Locked
Newbie needs help getting started in Chicago
Replies
24
Views
749
Canuck-IL
C
Back
Top