Legalities

Legalities

Unlike conventional firearms, each change of possession or ownership of a NFA item (silencer, machine gun, short barreled shotgun or rifle, etc.) must be approved in advance by BATF. This includes not only the sale of such a weapon, but also the act of giving or loaning it to another person. Failure to comply can result in a $250,000 fine, 10 years in prison, or both. Silencers may be transported interstate by the registered owner but interstate transport of machine guns, short barreled rifles or short barreled shotguns will require the owner to file a form 5320.20 "Application to transport interstate or temporarily export certain NFA Firearms" PRIOR to transporting the weapon across state lines. Contact your local BATF office if you need further information. You can find the forms here: http://www.titleii.com/

To the best of our knowledge, silencers are legal for private ownership in the following states: AL, AR, AK, AZ, CO, CT, FL, GA, ID, IN,KS*, KY, LA, ME, MD, MS, MT, NE, NV, NH, NM, NC, ND, OH, OK, OR, PA, SC, SD, TN, TX, UT, VA, WA, WV, WI, and WY. Additionally, they maybe owned by Class 3 dealers and Class 2 manufacturers (but not individuals) in: CA, IA, KS, MA, MO, and MI. Territorial law prohibits possession in the Territories and Possessions of the United States. There are no known restrictions on governmental ownership. You should check the local laws as some states have peculiar laws. Washington state, for example, allows private citizens to own silencers but does not allow them to attach them to firearms or shoot them.

An individual purchaser must take possession through a licensed dealer in his state of residence. In the case of NFA weapons, the dealer must be what is known as a class 3 dealer, meaning that he has paid an annual special occupational tax in conjunction with his firearms license to permit him to deal in NFA weapons without paying the individual $200 transfer tax on each weapon.

The $200 transfer tax is assessed each time a NFA weapon changes hands. The exceptions are to (or from) a governmental agency or a class 3 dealer. If you cannot find a class 3 dealer in your area please contact us as many dealers keep a very low profile and do not advertise in the yellow pages. A good source of reputable dealers is the recommended dealers list found on www.subguns.com

Each time a NFA weapon changes hands, the transfer must be approved in advance by the NFA branch of the BATF. It normally takes 4-5 weeks for BATF to approve the transfer between dealers or to law enforcement agencies, and the transfer to individuals requires 3-4 months.

The procedure for obtaining one of our suppressors, or any other NFA item we have for sale, is to order, and pay for, the unit. The weapon should be ordered through a class 3 dealer in your state. Although you may order direct, it must be delivered through your local dealer. When the transfer to your local dealer is approved we will transfer the weapon to your dealer. Your dealer will then assist you in completing the necessary paperwork to transfer the weapon to you. This will include your submitting fingerprints and two passport size photos on your application. In addition, your local chief law enforcement officer (sheriff or chief of police) will need to sign the application. Along with your $200 transfer tax, the application is sent to BATF. When the application is approved, and not before, you may take possession of the item from your dealer.

Basically, if you are over 21 years of age and can legally purchase a firearm you should be able to purchase and NFA weapon, as well.

We are not able to export silencers at this time.

* Updated 11/17/09.