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the law on sound suppressors

Discussion in 'Legal' started by kis2, May 4, 2007.

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  1. kis2

    kis2 Member

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    so up until recently i thought sound suppressors were illegal in any shape and size, then i saw some pics on THR, and once again proved how little i know.

    do states govern the legality of suppressors, or is it federal? i didnt think they were legal at all, and i know you can only get them for certain weapons and all, but where do you get them?

    im really just curious more than anything, i know none of my rifles are threaded for them.

    thanks guys
     
  2. Zach S

    Zach S Member

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    They're federally regulated, along with short barreled rifles, short barrel shotguns, and machineguns, AOWs. Theyre commonly called Class III firearms, however title II is the correct term. Class III refers to the type of license the dealer has to have to deal title II arms.

    Some states allow the transfer of title II arms, others dont. Even in states that do allow title II tranfers, obtaining one can be a pain.

    You can get a supressor for about anything. And since the can is the registered item, you can put it on whatever it will work on.
     
  3. righteousbarbarian

    righteousbarbarian Member

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    I'm no expert, but I was looking into the H&K USP Tactical for a long time with the long term goal of purchasing a silencer for it. What I found is that they were NOT legal in every state, and that there is a tax you have to pay of like $200 to the US Treasury in order to own one. I'm sure there are much more knowledgeable people about this sort of thing here, so I will concede to them.
     
  4. Oleg Volk

    Oleg Volk Moderator Emeritus

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  5. Jim K

    Jim K Member

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    Federal law considers suppressors to be "firearms" under the National Firearms Act (Title II of the GCA '68). That means they must be registered, can be made only by a specially licensed manufacturer, and transferred only after BATFE approval and payment of a $200 transfer tax. Interstate transfer must go through specially licensed dealers.

    Unlike machineguns, however, there has been no ban on new registrations, so suppressors can still be made and sold on the civilian market.

    Check state and local law, however, as some places actually ban ownership of suppressors.

    Jim
     
  6. ctdonath

    ctdonath Member

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    Federally legal with payment of $200 tax, background check, and signature of local "Chief Law Enforcement Officer".

    Your state/local laws may vary.

    The CLEO has no obligation to sign the line indicating he has no reason to believe you can't have one. Some are very cooperative, some are suspicious, some flatly refuse.
    If no CLEO (sheriff, judge, DA, etc.) will sign, you can form a corporation (not difficult) and have the business own the silencer/machinegun/etc. without the CLEO signoff.

    Unlike most NFA items, you can move silencers without BATFE permission.

    Examples:
    NY flatly bans silencers. Bad mojo if caught with one.
    GA has no problem, save a very few uncooperative sheriffs. Completely legal.
    WA lets you own one, but you can't use it. Legal to own, illegal to attach to a gun.

    Get one!
     
  7. Deavis

    Deavis Member

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  8. Sharps-shooter

    Sharps-shooter Member

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    I've noticed that some .22 rifles and handguns hve suppressors on them. Are those fake, or not regulated the same? Or are they subject to the same nfa rules and taxes?
     
  9. Soybomb

    Soybomb Member

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    If its a suppressor its subject to the same rules and laws as all other suppressors. If its a fake suppressor then its not ;)
     
  10. Lupinus

    Lupinus Member

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    Considering a shoestring is a machine gun I wouldnt be to sure of that :neener:
     
  11. Crunker1337

    Crunker1337 Member

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    If one would want to make an integrally suppressed gun on Form 1, would the receiver be the thing registered? Or the can itself?
     
  12. Gerald in Ga

    Gerald in Ga Member

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    Civilians can build a suppressor by filing what is called a "form 1" and submitting the right paperwork with it. Fingerprint, LEO signoff. Photos, and paying the $200.00 tax. Providing it is legal in your state.
    Also, if you file a form 1 you don't have to go through a dealer.
     
    Last edited: May 6, 2007
  13. rangermonroe

    rangermonroe Member

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    The living trust angle will keep you from having to ask for the CLEO's permission. Also let's you avoid getting fingerprinted.

    Faster turnaround time too!
     
  14. River Wraith

    River Wraith Member

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    Where can I find out more information on living trust? Would it be worth it if I were only buying one supressor?
     
  15. Gerald in Ga

    Gerald in Ga Member

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    River Wraith, You only think it will be for one. These title 2 weapons have a tendency to multiply.
     
  16. jr81452

    jr81452 Member

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    dito on wanting the info on living trust. the local sherif flat out refuses to sign for them even tho there is no law against them here. actualy a group of gun clubs here has started a class action suit against the sherif :) not sure how it will go :uhoh:
     
  17. rangermonroe

    rangermonroe Member

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    I will start a thread on what I did... Not gonna hijack.
     
  18. CDignition

    CDignition Member

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  19. Ratzinger_p38

    Ratzinger_p38 Member

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    Man the Sheriff here in Greene County Ohio apparently signs them with any hesitation....guess it really depends on where you live.
     
  20. ctdonath

    ctdonath Member

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    Fake suppressors do exist, and are not legally suppressors. They are just "crap hanging off the barrel".

    Note, however, that reducing the gun's noise level by just 3dB is enough to get it legally declared a "silencer".
     
  21. gezzer

    gezzer Member

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    The can itself will be the NFA item. Why dedicate it to that firearm you paid the $200 tax. If the gun breaks you can relace the Can/barrel on any other gun it will fit to.
     
  22. grndslm

    grndslm member

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    Cliff notes anyone?

    It will cost me about $400 for a suppressor, plus a $200 tax, plus basic FFL transfer fees.

    If I'm in a state, like Mississippi, that doesn't have a ban on suppressors... is there a "recurring tax" or recurring paperwork that would need to be registered??

    And let's say I decide to sell the suppressor... I'd need nothing more than a bill of sale, right?
     
  23. ctdonath

    ctdonath Member

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    $200 transfer tax, yes. If you sell it the buyer will have to do the same. No recurring tax otherwise.
     
  24. General Geoff

    General Geoff Member

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    Anyone you sell the suppressor to, needs to fill out the ATF paperwork and apply for a $200 tax. The only exception is if you die, and bequeath the suppressor to someone; that person does not need to pay the $200 tax, though they may still need to fill out some kind of paperwork.
     
  25. jrhines

    jrhines Member

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    reduce by "just" 3 dB...

    means you have cut the sound pressure level in half. Not bad, but still pretty "loud"!
     
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