Frequently asked Questions
Silencers are legal but are regulated by federal law and on a state-by-state basis by the Nation Firearm Act (NFA) branch of the Bureau of Alcohol, Tobacco, Firearms and Explosives (BAFTE). Private citizens can legally purchase and possess silencers in 42 states* without a permit. To purchase a silencer the following qualifications apply:
RESIDE IN ONE OF THE 42 STATES THAT CURRENTLY ALLOW CIVILIAN OWNERSHIP
- BE A RESIDENT OF THE UNITED STATES
- BE LEGALLY ELIGIBLE TO PURCHASE A FIREARM
- PASS A BATFE BACKGROUND CHECK
- BE A RESIDENT IN A STATE THAT ALLOWS OWNERSHIP
- BE AT LEAST 21 YEARS OF AGE TO PURCHASE FROM A DEALER
- BE AT LEAST 18 YEARS OF AGE TO PURCHASE FROM ANOTHER CITIZEN
*If you are an FFL dealer, manufacturer, peace officer, or member of a law enforcement agency or other government agency, there are additional states where you can own a silencer.
Do I need a special license to own a silencer? No! There are some rumors that you need to have a “Class 3” license to own a silencer; but, this simply isn’t true. You do have to pay for a “tax stamp” when you first buy the suppressor – but there are no ongoing fees or licenses required. This tax is similar to paying sales tax on a purchase, except that it goes to the federal instead of the state government.
Do I give up any rights when I buy a silencer? (Will the ATF start showing up to search my house?) Hell No! This often comes up because of the mistaken belief that a “Class 3″ license is required to purchase a suppressor. A “Class 3″ license is a dealer license – and the ATF absolutely can show up to search a dealer’s premises; but, silencer buyers don’t give up any rights at all.
Can I use one silencer for multiple firearms? Yes. As long as the firearms are threaded in a way that will accept the silencer, you shouldn’t have any problems.
Can I use one silencer for multiple calibers? You can use a larger caliber suppressor to suppress a smaller caliber firearm as long as you have the appropriate adapters. Using a larger caliber silencer is not as efficient as a silencer made for the specific caliber, but it will still be a significant sound reduction in most cases.
What is the difference between a suppressor and a silencer? There is no difference; these are just different words for the same thing. The word “Silencer” is the legal term; but, either “sound suppressor”, or just “suppressor”, is more technically accurate since they don’t actually silence the firearm. You can use either term with us and we’ll promise not to care.
How quiet is a suppressed firearm? This depends on the firearm and the suppressor. In most cases, the suppressed firearm will be at least as quiet as wearing a good pair of muffs.
How will a silencer attach to my firearm(s)? Once again, this depends on the firearm and the suppressor. The most popular methods include the following:
- Some silencers will thread directly onto a threaded barrel
- Some silencers require a quick-detach device (like a flash hider, muzzle brake or piston)
- Some silencers are built into the firearm itself, providing an integral suppressor
NFA Gun Trust
Benefits of Purchasing NFA Items Through a Trust
A More Simple Process Overall
No Chief Law Enforcement Officer Signoff
Multiple People Can Have Possession of Items
Clear Line of Inheritance for Items on Trust
File Form 1’s Electronically via eForm
File Form 4’s Electronically Once eForm 2.0 is Operational
Can existing items BE PUT into my Trust? Yes, but because ownership of the NFA item is being transferred from you, as an individual, to the trust, you must file a Form 4 and pay the $200 tax. Fortunately, since you are already the owner, you can maintain possession of the item while the transfer is processing.
Are there limitations as to who I can add as a trustee? Yes. If an individual is prohibited by federal, state, or local law from possessing a silencer due to age, felony convictions, or other reasons, they cannot be added as a trustee. Only individuals legally allowed to purchase and possess NFA items may be added to the trust.
What if I want to add my child to my trust? So long as he or she is of the legal age as defined by your state to possess a silencer and can sign and have their signature notarized, they can be added to your trust. If they are below the legal age for NFA item possession in your state, you may still add them as a beneficiary, not a trustee.
Can I add someone who lives out of state as a trustee? Yes. Once you have added them to the trust, the new trustee will need to sign and have the trust notarized, and then send a copy back to you for your records.
NOTE: Adding someone who lives in a non-NFA-friendly state to your trust does not make them eligible to possess NFA items in that state. They can, however, possess the items while they are in an NFA-friendly state. Local law supersedes federal law in this regard; obey all local laws.
I thought this trust was legal in 50 states? Yes, this is a 50-state-legal trust, meaning it fits within all federal guidelines pertaining to NFA trusts. With that said, some states and metropolitan areas have specific restrictions on NFA items that you will need to obey.
Is there a limit to the number of people I can add to my trust? Theoretically, no. Contact your Lawyer for more information.
How do I make an amendment to my Trust? At some point you will no doubt need to add an item, add a trustee, remove a trustee, or make other adjustments to your trust. To do so, type up the changes and label them accordingly (e.g. Amendment 1, Amendment 2, etc.). After each Amendment, note that “The trust continues from original date of creation” so that it is clear all preceding information is still relevant. We recommend that you then print out the trust and have each amendment notarized, however, specific notarization requirements vary by state.
What is this mention of one US dollar in the Schedule A? In order for a trust to be created, there must be something held by the trust (corpus). Since when you first purchase the trust you have not yet added any items to it, an arbitrary possession must be assigned – hence the mention of $1.
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