Before I start this post, I want to make this
disclaimer clear:
Disclaimer!!! I am not a lawyer, nor do I play one on TV, the following is not legal advice nor is it intended to be, I strive to have the most accurate information possible however if you want/need legal advice you should contact an attorney who is well versed in the 2A/NFA world.
Also, a quick side note, I’ll refer to suppressors as silencers and cans as well as suppressors.
So, without further ado…
So you're a firearm owner and you want to take the next step, you want to shoot without disturbing everything in three mile radius, you want a suppressor.
Suppressors are legal in the following 42 states *Check your local laws, check your laws for hunting with a suppressor as well.
AL, AK, AZ, AR, CO, CT, FL, GA, ID, IN, IA, KS, KY, LA, ME, MD, MI, MN, MS, MO, MT, NE, NV, NH, NM, NC, ND, OH, OK, OR, PA, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY.
If you're in one of the 42 states you can proceed with the process.
First, you need to decide if you want to purchase as an individual or a trust.
If you purchase as an individual ONLY YOU CAN HAVE ACCESS TO THE SUPPRESSOR, if you are not at home but your suppressor is your family members cannot know the code to the safe in which it is stored, and you cannot leave it "loose" in the house if other people will have access to it.
If you are close enough to "be in control" of the suppressor then other people can use the suppressor, such as at a range, or if it's on your home defense weapon and your wife uses it while you're next to her.
If you purchase via a trust you can list responsible persons other than yourself (listed as the Grantor/Trustee) who are allowed to have possession of the suppressor.
Most trusts allow you to easily add and remove trustees.
With a trust you can also appoint a successor so
if you die and the other trustees are removed or die any items in the trust
will legally go to the successor without having to pay additional transfer fees.
$200 Tax stamp
The buying process:
The buying process really isn’t that different
than buying a firearm, it just has a longer wait and an extra step. Decide what
you want, who you're buying from (I personally recommend Silencershop), and
then begin the purchasing process.
When you purchase your suppressor you will have to submit Fingerprints, a passport size photo, and complete your information on a form (ATF Form 5320.4, commonly called Form 4), pay a $200 tax to the Federal Government , and then wait.
The ATF wait time varies, currently it is 8-12 months.
After the form comes back approved you will pick up your suppressor from the dealer, fill out a form 4473 (standard form when you buy a firearm from an FFL) and the transfer is complete.
Just so we're clear, there is no "class 3 license", you simply pay a $200 tax for EACH regulated item (I.E. Suppressor, Short barreled rifle, short barreled shotgun).
And contrary to popular belief the ATF CANNOT simply force entry into your home without a warrant to check on your item. They can however show up and request to check on the item.
When you purchase your suppressor you will have to submit Fingerprints, a passport size photo, and complete your information on a form (ATF Form 5320.4, commonly called Form 4), pay a $200 tax to the Federal Government , and then wait.
The ATF wait time varies, currently it is 8-12 months.
After the form comes back approved you will pick up your suppressor from the dealer, fill out a form 4473 (standard form when you buy a firearm from an FFL) and the transfer is complete.
Just so we're clear, there is no "class 3 license", you simply pay a $200 tax for EACH regulated item (I.E. Suppressor, Short barreled rifle, short barreled shotgun).
And contrary to popular belief the ATF CANNOT simply force entry into your home without a warrant to check on your item. They can however show up and request to check on the item.
There is a “maintenance” required on the paperwork side of owning suppressors, if you move or change addresses you must notify the ATF of the change of address via form 5320.20, and it’s a great idea to have miniature and/or digital copies of your approved form 4 with the suppressor as you’re using/transporting the suppressor.
For additional information I highly recommend watching this video from the NFA Review Channel
Choosing a suppressor.
First when choosing a suppressor you must decide on what you want to suppress, large bore (.338 or .46 caliber), 7.62 rifle (usually up to 300 Win Mag rated), 5.56 rifle, rimfire (usually .22 Mag rated, can be rated up to 5.7x28, or in the case of the Griffin Micro Optimus, up to 5.56), pistol calibers (usually rated for 9mm or .45) and lastly (and least common) shotgun.
7.62 Rifle cans
Generally the second purchase as a suppressor, (rimfire is generally the first) caliber ratings vary but generally at least .308 rated and usually rated up to 300 Win Mag, can be used on pretty much any caliber smaller than .30 cal, it gives great versatility for rifle use.
Generally they are between 7-10 inches in length, weigh between 15 and 22 ounces, and diameter can be from 1" to 1.7"
Most cans are full auto rated, manufacturers will state the rating/firing schedule on their website.
Typical cost $650-$900+ tax stamp
5.56 rifle cans
These cans are smaller than 7.62 cans, the smallest surefire cans are as small as 4" in length but the standard size cans are 6-8" in length, and weigh 12-18 ounces, diameter is typically 1.2-1.5".
Generally rated for 5.56 MM and designed to be run on the AR platform, most of the cans over 15 Ounces will be full auto rated.
Typically cost $600-$700+ tax stamp
Rimfire cans
The smallest, lightest, and cheapest version of the addiction, typically 1" in diameter, 3" to 7" in length, typically direct thread attachment, as light as 3 ounces, but average weight is about 6 ounces. Typically user serviceable so they can be taken apart and cleaned by the user, which is important with use on .22 LR because it's a very dirty round.
Average cost $300-$400 + tax stamp
Pistol cans
Generally these are 9mm or .45, .45 cans will shoot 9mm, .40, and .45 as well as other pistol calibers smaller than .45. 9mm cans typically are rated for 9mm and subsonic 300 BLK, some 9mm cans are rated for 300 BLK supersonic as well as 9mm. length is typically 6-8", and typically weigh 8-15 ounces.
And then we get to the "oddball" cans
Griffin Armament Optimus
https://www.griffinarmament.com/optimus-silencer/
Griffin Armament Bushwhacker .46
https://www.griffinarmament.com/bushwhacker-46-universal-sound-suppressor/
Silencerco hybrid
https://silencerco.com/silencers/hybrid/
And the silencerco Salvo 12 which is for 12 gauge shotguns.
https://silencerco.com/salvo-12
Smith and Wesson M&P with Griffin Optimus using a booster assembly
Mounting Systems
A suppressor is only as good as it is attached to your host firearm, a quality mount system will give you Point of impact (POI) repeatability despite mounting and unmounting the suppressor.
Direct thread
The lightest and only method that is standardized across ALL manufacturers, generally used on budget or precision suppressors, it has a tendency to walk (loosen) with use.
Quick attach
There are several versions of this, most notably the AAC ratchet system which is riddled with issues, Griffin armament has a system that has a fork that drops behind a muzzle device, I haven't heard much about this system and it's been around for a while, so it must work decently well.
Taper mount
Not a true quick attach system, while it has a more aggressive thread pitch than direct thread it's still typically several full turns until the suppressor is mounted, it has a shoulder on the muzzle device and a corresponding taper inside the suppressor, it has very high repeatability for POI (point of impact) shift for suppressed/unsuppressed use, the only one I have experience with is from Griffin Armament and I like it, it's a solid system.
3 Lug
Typically used for fixed barrel 9mm's (I.E. 9mm carbine), MP5 clones, Griffin Armament also has a 3 lug system for .40/10mm as well as one for their (now discontinued) .22 suppressor.
Piston/Neilson device
Used on most pistol cans, the piston assembly, also called the Neilson device, is necessary for use with browning tilt-barrel designs, it allows the suppressor to move forward as the gas behind the bullet expands, essentially making the suppressor weightless so it doesn't bind the system.
Fixed barrel spacer A fixed barrel spacer is a ring that goes inside the piston assembly that allows use of a piston with a fixed barrel design, they're inexpensive (~$30) and are a great way to allow use of your pistol suppressor on a 9mm carbine without a lot of hassle.
Griffin Armament Optimus setup to accept a taper mount muzzle device
What to expect with a suppressor
Pistol Calibers
9MM
I only have experience with 9mm in pistol calibers but this was my impression.
With subsonic ammo, shooting the Griffin Optimus with both my M&P 40 (with a 9mm silencerco barrel) and Polymer 80 glock 19 build, absolutely hearing safe, shooting at a stump 20 yards away the action of the pistol and bullet impact are about as loud as a handclap.
We were shooting about 5 yards away from a house in which a 2 year old was napping, he was not disturbed, his mom inside the house could barely hear us shooting.
Supersonic is a god bit louder, I have only shot a few rounds of supersonic so I'm going to wait to post about that.
*Note, you will get a "sprong" sound from the spring in the booster when you drop the slide from the locked open position.
Rifle Calibers
.308
Shot out of a Savage FCP-SR (bolt gun, 20" barrel) with the full size Optimus configuration, 150 grain Remington Core Lokt ammo (definitely supersonic) shooting at dirt about 80 yards out, I would say it was about as loud as unsuppressed .22LR, I would still throw in ear plugs for plinking but for hunting it's comfortable.
6.8 SPC
With a 16" barrel, AR platform, 90 grain soft point ammo, supersonic, full size Optimus configuration. It's a little bit quieter than the .308, but I would treat it the same (Ear plugs, fine for hunting, etcetera).
5.56
With an 11.5" barrel shooting Wolf and reloads, 55 grain, supersonic, full size Optimus configuration, .30 cal endcap. quieter than unsuppressed .22, more supersonic crack than anything else, I would still wear earplugs for a range day but I shot a 30 round mag without earplugs and had no discomfort.
Rimfire suppressors
.22LR
Subsonics are stupid quiet out of my Griffin Checkmate QD, host weapon either a S&W Victory .22 or Marlin XT-22 (bolt gun) shooting a steel plate at 80 yards with the rifle you hear the trigger springs, the striker falling, and then the "ting" of the bullet hitting steel.
The pistol is slightly louder due to the shorter barrel as well as the semi-auto action (the action makes the most difference) but it is still very quiet, if you had an air compressor running you wouldn't hear either configuration fire.
Supersonic
With supersonics you hear the supersonic crack and that's about it, I would still consider it quiet, I would shoot all day without hearing protection with supersonics.
Shotgun suppressors
I have no experience with shotgun suppressors.
Side effects of suppressors.
Heat: the suppressor will heat up pretty quickly, particularly rifle calibers.
Carbon: particularly with .22LR and also the AR platform
With .22 you will have a lot of carbon blown back into the recoil assembly (on semi-autos) and you will need to clean your semi-auto pistol/rifle every 500-700 rounds to keep it functioning reliably.
On the AR platform you will have blowback around the charging handle, with a mag dump you will have some gas in your eyes, also the top of your magazines will be black from carbon dropping into them.
Backpressure: your semi-autos will most likely need a slightly heavier buffer or adjustable gas block to keep from damaging brass on extraction and ejection.
FAQ
Q. If I want to buy a permanently attached suppressor do I still need to file the form 4 and pay the tax stamp?
A. Yes, any device that makes a firearm quieter is considered a suppressor and must have an approved form 4 (to buy from a manufacturer) or form 1 (application to build one yourself).
Q. If I permanently attach a suppressor to a rifle with a barrel length of less than 16" is it still considered a short barrel rifle?
A. With the suppressor permanently attached is the length from the face of the bolt (measured with the bolt closed) to the muzzle of the suppressor less than 16"? If so, yes, it is still an SBR and you would need a tax stamp for the suppressor and one for the SBR.
Q. I'm a machinist and can build my own suppressor, is it legal to do so?
A. Yes, it is legal to manufacture a suppressor for yourself as long as you file a form 1 with the ATF, submit photograph and fingerprints, and pay the tax stamp, once you receive the approved form 1 (with tax stamp) then you may start building your suppressor.
Transporting your suppressors/SBRs/SBSs/ Destructive devices.
I pulled this info from Esilencers.com
https://www.esilencers.com/process-transporting-nfa-item-across-state-lines/
Pistol Calibers
9MM
I only have experience with 9mm in pistol calibers but this was my impression.
With subsonic ammo, shooting the Griffin Optimus with both my M&P 40 (with a 9mm silencerco barrel) and Polymer 80 glock 19 build, absolutely hearing safe, shooting at a stump 20 yards away the action of the pistol and bullet impact are about as loud as a handclap.
We were shooting about 5 yards away from a house in which a 2 year old was napping, he was not disturbed, his mom inside the house could barely hear us shooting.
Supersonic is a god bit louder, I have only shot a few rounds of supersonic so I'm going to wait to post about that.
*Note, you will get a "sprong" sound from the spring in the booster when you drop the slide from the locked open position.
Rifle Calibers
.308
Shot out of a Savage FCP-SR (bolt gun, 20" barrel) with the full size Optimus configuration, 150 grain Remington Core Lokt ammo (definitely supersonic) shooting at dirt about 80 yards out, I would say it was about as loud as unsuppressed .22LR, I would still throw in ear plugs for plinking but for hunting it's comfortable.
6.8 SPC
With a 16" barrel, AR platform, 90 grain soft point ammo, supersonic, full size Optimus configuration. It's a little bit quieter than the .308, but I would treat it the same (Ear plugs, fine for hunting, etcetera).
5.56
With an 11.5" barrel shooting Wolf and reloads, 55 grain, supersonic, full size Optimus configuration, .30 cal endcap. quieter than unsuppressed .22, more supersonic crack than anything else, I would still wear earplugs for a range day but I shot a 30 round mag without earplugs and had no discomfort.
Rimfire suppressors
.22LR
Subsonics are stupid quiet out of my Griffin Checkmate QD, host weapon either a S&W Victory .22 or Marlin XT-22 (bolt gun) shooting a steel plate at 80 yards with the rifle you hear the trigger springs, the striker falling, and then the "ting" of the bullet hitting steel.
The pistol is slightly louder due to the shorter barrel as well as the semi-auto action (the action makes the most difference) but it is still very quiet, if you had an air compressor running you wouldn't hear either configuration fire.
Supersonic
With supersonics you hear the supersonic crack and that's about it, I would still consider it quiet, I would shoot all day without hearing protection with supersonics.
Shotgun suppressors
I have no experience with shotgun suppressors.
Side effects of suppressors.
Heat: the suppressor will heat up pretty quickly, particularly rifle calibers.
Carbon: particularly with .22LR and also the AR platform
With .22 you will have a lot of carbon blown back into the recoil assembly (on semi-autos) and you will need to clean your semi-auto pistol/rifle every 500-700 rounds to keep it functioning reliably.
On the AR platform you will have blowback around the charging handle, with a mag dump you will have some gas in your eyes, also the top of your magazines will be black from carbon dropping into them.
Backpressure: your semi-autos will most likely need a slightly heavier buffer or adjustable gas block to keep from damaging brass on extraction and ejection.
FAQ
Q. If I want to buy a permanently attached suppressor do I still need to file the form 4 and pay the tax stamp?
A. Yes, any device that makes a firearm quieter is considered a suppressor and must have an approved form 4 (to buy from a manufacturer) or form 1 (application to build one yourself).
Q. If I permanently attach a suppressor to a rifle with a barrel length of less than 16" is it still considered a short barrel rifle?
A. With the suppressor permanently attached is the length from the face of the bolt (measured with the bolt closed) to the muzzle of the suppressor less than 16"? If so, yes, it is still an SBR and you would need a tax stamp for the suppressor and one for the SBR.
Q. I'm a machinist and can build my own suppressor, is it legal to do so?
A. Yes, it is legal to manufacture a suppressor for yourself as long as you file a form 1 with the ATF, submit photograph and fingerprints, and pay the tax stamp, once you receive the approved form 1 (with tax stamp) then you may start building your suppressor.
Transporting your suppressors/SBRs/SBSs/ Destructive devices.
I pulled this info from Esilencers.com
https://www.esilencers.com/process-transporting-nfa-item-across-state-lines/
Have you ever wondered whether you could take an NFA item with you
out of state? Or maybe you did know the answer but did not know what you had to
do to be able to legally do so. Or maybe you were moving to another NFA
friendly state but did not know the process to properly relocate your NFA
items.
In this blog we go over the process and some tips on how to legally transport an NFA item across state lines.
First off, know the laws regarding NFA items in the state you will be going to. There are a few states out there where certain or all NFA items are not legal. You will first need to Google “NFA laws by state” to see whether it’s lawful to possess or own NFA items.
Note: Just because it might be legal to own a certain NFA item in a state does not necessarily mean you can own or possess every NFA item.
The process:
First off, as long as its legal to own or possess a Suppressor in the state you are traveling to, then you will NOT have to get permission from the ATF to transport your Suppressors to that state.
The following NFA items are the ones you will have to get permission first:
In this blog we go over the process and some tips on how to legally transport an NFA item across state lines.
First off, know the laws regarding NFA items in the state you will be going to. There are a few states out there where certain or all NFA items are not legal. You will first need to Google “NFA laws by state” to see whether it’s lawful to possess or own NFA items.
Note: Just because it might be legal to own a certain NFA item in a state does not necessarily mean you can own or possess every NFA item.
The process:
First off, as long as its legal to own or possess a Suppressor in the state you are traveling to, then you will NOT have to get permission from the ATF to transport your Suppressors to that state.
The following NFA items are the ones you will have to get permission first:
1. SBR’s
(Short Barrel Rifles)
2. SBS’s
(Short Barrel Shotguns)
3. MachineGuns
4. 4.Destructive
Devices
5. AOW’s
There are two different ways to get permission to transport an NFA
item across state lines:
First way- You can type up a letter requesting permission. The letter must include all necessary info which includes:
First way- You can type up a letter requesting permission. The letter must include all necessary info which includes:
· Make,
Model, Serial Number, length, caliber, and type of NFA item.
· Name of
Trust or individual including address and the phone number the NFA Item belongs
to.
· Date you
will be transporting NFA item, and the date you will be returning to the
original address.
· The
address you are transporting from and to.
· Reason
for transporting NFA item.
· The way
of transporting i.e.: by car, plane, etc. And info on the carrier.
Note: If
you are permanently moving the NFA item to the new location, you will need to
state “this is permanent”, and include dates that the NFA item will be in
transit.
Second way- The ATF has a Form(5320.20). Which is ‘Application to transport interstate or to temporarily export certain NFA firearms. This is the easiest way to request permission from the ATF. This form is set up in a very easy to follow format, and ask the same info that you need if your typing a letter. You will need to fill out numbers 1 thru 8, and 12-13 on the form. You will need two copies of this form sent to the ATF.
Note: If you submit a request stating that the new address will be temporarily, but decide to permanently keep the NFA item, or keep the NFA item passed the return date at the new location, you will need to submit a new form/letter to the ATF.
Note: Google is the easiest way to get access to this form. In the search engine, type ‘ATF form 5320.20 PDF. This will bring up this form. You should mail, email, or fax two copies of either the official forms or letter.
Note: You will need to keep a copy of the approved form/letter in the carrier that you are transporting the NFA item in. It’s also wise to paper clip a copy of the approved form/letter with your Form 4.
Mailing address: Attention: NFA Branch, 244 Needy Road, Martinsburg, WV 25405
Fax number: 304-616-4501
Email: NFAFax@atf.gov
If you have any further questions about this process, feel free to contact us at info@esilencers.com!
Second way- The ATF has a Form(5320.20). Which is ‘Application to transport interstate or to temporarily export certain NFA firearms. This is the easiest way to request permission from the ATF. This form is set up in a very easy to follow format, and ask the same info that you need if your typing a letter. You will need to fill out numbers 1 thru 8, and 12-13 on the form. You will need two copies of this form sent to the ATF.
Note: If you submit a request stating that the new address will be temporarily, but decide to permanently keep the NFA item, or keep the NFA item passed the return date at the new location, you will need to submit a new form/letter to the ATF.
Note: Google is the easiest way to get access to this form. In the search engine, type ‘ATF form 5320.20 PDF. This will bring up this form. You should mail, email, or fax two copies of either the official forms or letter.
Note: You will need to keep a copy of the approved form/letter in the carrier that you are transporting the NFA item in. It’s also wise to paper clip a copy of the approved form/letter with your Form 4.
Mailing address: Attention: NFA Branch, 244 Needy Road, Martinsburg, WV 25405
Fax number: 304-616-4501
Email: NFAFax@atf.gov
If you have any further questions about this process, feel free to contact us at info@esilencers.com!
As always if you guys have any feedback or questions leave them in the comments.