Suppressor Self-Manufacture: Legal Or Not?

In the United States, suppressor laws vary from state to state. While they are legal in 42 states, eight states prohibit civilian ownership of suppressors. These states include California, Delaware, Hawaii, Illinois, Massachusetts, New York, New Jersey, and Rhode Island. The District of Columbia, which is not a state, also prohibits suppressor ownership.

To manufacture a suppressor for personal use, individuals must obtain approval by submitting an ATF Form 1 and paying a $200 tax. This process allows for the creation of exactly one suppressor, with no spare parts or replacements permitted. For those interested in selling suppressors, an FFL manufacture license type 7 is required.

Requirements for manufacturing your own silencer

Silencers are regulated by the National Firearms Act (NFA) and on a state-by-state basis. They are legal in 42 states, but you must follow specific processes to manufacture your own.

Federal Requirements

According to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), silencers are classified as Title 2 weapons and require special permits, taxes, and approval. The ATF states that silencer manufacturers must submit an application for making and registering a new firearm, pay a $200 manufacture tax per firearm, and receive ATF approval before creation.

Individuals intending to make a silencer must meet these conditions and obtain permission to act as a Title 2 firearm manufacturer. The ATF provides a very well-defined and detailed process for how to stay compliant when making and registering a homemade silencer.

State Requirements

While silencers are legal in 42 states, each state has its own set of laws. For example, silencers are only legal under state law in 42 states, and only one of these states prohibits hunting with a silencer.

Registration Process

The ATF Form 1 is the crucial document for registering a homemade silencer. It is imperative to file and receive approval for this form before building your silencer. The process can be completed online through the ATF's eForms website, where you will need to provide personal information and details about the silencer, including caliber, length, make, model, and serial number.

Additional Requirements

In addition to the ATF Form 1, there are several other requirements to manufacture your own silencer:

• Submit basic information such as name, date of birth, race, and place of birth.
• Provide fingerprints, even if they are already on file elsewhere.
• Supply a photograph that meets specific requirements.
• Purchase a $200 tax stamp for each silencer, which is a one-time payment.
• Never attempt to repair a silencer, even one you built yourself, as only government-approved individuals may legally perform silencer repairs.

State-specific laws

The laws regarding the manufacture of suppressors vary from state to state in the US. Here is a breakdown of the specific laws in some states:

Washington State

Washington is one of the 37 states that allow civilians to own silencers without an FFL/SOT, but it is the only one of those states that bans their use. RCW 9.41.250(c) prohibits any kind of firearm noise suppression, even if it is not attached to a gun. However, in 2011, Bill 1016 was passed, which legalised the use of silencers in the state.

Texas

Texas technically bans possession, but registration is an affirmative defence to prosecution, so the ATF routinely approves their transfer.

California, Iowa, Massachusetts, and Michigan

These states allow only class 3 firearms dealers and class 2 firearms manufacturers, not individuals, to own silencers.

Maryland, Connecticut, and Vermont

These states allow suppressor ownership but prohibit their use in hunting.

Tennessee

Tennessee requires that the sheriff sign the forms for anyone who is allowed to own a firearm.

Alabama

To transport a suppressor from another state to Alabama via airplane, it is recommended to have the necessary paperwork and to transport the suppressor in a locked case inside checked baggage.

General Requirements

To manufacture a suppressor, individuals must submit an ATF Form 1, obtain approval, and pay a $200 manufacture tax per firearm. They must also be at least 18 years old and be legally eligible to purchase a firearm.

Federal laws

In the United States, the manufacture, sale, and purchase of silencers (also known as suppressors) are subject to federal laws and regulations. Here is an overview of the key federal laws pertaining to suppressors:

National Firearms Act (NFA):

The National Firearms Act of 1934 is the primary federal legislation regulating suppressors. The NFA established strict guidelines for the possession, transfer, and manufacture of certain firearms, including suppressors. One of its notable provisions is the imposition of a $200 tax on the manufacture and transfer of NFA firearms, including suppressors. This tax, known as the "NFA tax" or "tax stamp," must be paid to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) when an individual or entity manufactures or acquires a suppressor.

ATF Regulations:

The ATF is the federal agency responsible for enforcing firearms laws, including those related to suppressors. Here are some key ATF regulations regarding suppressors:

• Manufacturing: To manufacture a suppressor, an individual must first submit ATF Form 1 ("Application to Make and Register a Firearm") and obtain approval from the ATF. The Form 1 allows an individual to legally make one suppressor. If an individual wishes to manufacture suppressors for sale, they must obtain a Federal Firearms License (FFL) with a Special Occupational Taxpayer (SOT) classification.
• Registration and Transfer: Suppressors must be registered with the ATF, and transfers of ownership must go through a licensed dealer and be approved by the ATF. The transfer process typically involves submitting ATF Form 4 ("Application for Tax Paid Transfer and Registration of Firearm") and undergoing a background check.
• Marking and Serial Numbers: Suppressors must be marked with the manufacturer's name and location, as well as a serial number. The ATF strongly recommends that the serial number be placed on the exterior of the main tube for easy identification.
• Repairs and Modifications: Only government-approved and authorized individuals may legally repair suppressors. Minor repairs involving small, serial-numbered parts must use replacement parts with the same serial number. Major repairs, such as main tube replacement or recalibration to accommodate a different calibre bullet, are considered the creation of a new firearm and require a new ATF Form 1, a $200 tax payment, and ATF approval.

State Laws:

While federal laws provide a broad framework, it's important to note that state laws also play a significant role in regulating suppressors. Currently, suppressors are available for private ownership in 42 states, with varying degrees of restrictions. Eight states—California, Delaware, Hawaii, Illinois, Massachusetts, New York, New Jersey, and Rhode Island—prohibit civilian ownership of suppressors. The laws and regulations in your specific state should be carefully considered alongside federal laws.

Purchasing a silencer

Assuming you reside in a state where silencer ownership is legal, here is a step-by-step guide to purchasing a silencer:

• Select the silencer that's right for you: There are many different types of silencers available on the market, so it's important to do your research and choose the one that best suits your needs. Consider factors such as the type of firearm you will be using it with, the caliber of your weapon, and your budget.
• Decide on your registration method: You can register your silencer as an individual, through a trust, or as a corporation. Each method has its own nuances and requirements, so be sure to understand the process for each before making a decision.
• Purchase your silencer and tax stamp: When you buy your silencer, you will also need to purchase a tax stamp for it. The cost of the tax stamp is a one-time fee of $200.
• Complete the necessary paperwork: This may include filling out forms such as the BATFE Form 4, submitting passport photos, and providing fingerprints for an FBI background check. Work with a reputable dealer to ensure all the necessary paperwork is completed accurately and submitted to the ATF for approval.
• Wait for approval: The approval process for purchasing a silencer can take some time, so be prepared to wait. The typical background check process time is 8 to 10 months.
• Pick up your silencer: Once your Form 4 has been approved by the ATF, your dealer will notify you when your silencer is ready for pickup.

It's important to note that there are also specific requirements you must meet to be eligible to purchase a silencer. These requirements include:

• Being at least 21 years of age to purchase from a dealer or 18 years of age to purchase from another citizen
• Being a resident of the United States
• Being legally eligible to purchase a firearm
• Passing a BATFE background check

By following these steps and meeting the necessary requirements, you can legally purchase a silencer in one of the 42 states that allow private ownership.

Legal requirements for owning a silencer

Silencers, or suppressors, are legal to own in 42 US states. The eight states that prohibit civilian ownership are California, Delaware, Hawaii, Illinois, Massachusetts, New York, New Jersey, and Rhode Island. The District of Columbia, which isn't a state, also prohibits ownership.

To own a silencer in the United States, you must meet the following legal requirements:

• Be at least 21 years old to purchase from a dealer.
• Be at least 18 years old to purchase from another citizen or to possess a silencer as a beneficiary of a trust or as a member of a corporation (depending on state laws).
• Be a resident of the United States.
• Be legally eligible to purchase a firearm.
• Pass a BATFE background check with a typical process time of 8 to 10 months.
• Pay a one-time $200 Transfer Tax. (You need a separate stamp for each silencer.)

To be legally eligible to purchase a firearm, you must not be on the "prohibited person" list from Form 4473. This list includes anyone who:

• Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year.
• Is a fugitive from justice.
• Is an unlawful user of or addicted to any controlled substance.
• Has been adjudicated as a mental defective or has been committed to any mental institution.
• Is an illegal alien.
• Has been discharged from the Armed Forces under dishonorable conditions.
• Has renounced their United States citizenship.
• Is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner.
• Has been convicted of a misdemeanor crime of domestic violence.

In addition to these legal requirements, you must also follow the correct process to purchase a silencer, which includes filling out forms, providing passport photos, and getting fingerprints taken.

Frequently asked questions