How to Buy an NFA item/ Suppressor
Many people who have never purchased a sound suppressor
(aka, silencer) are intimidated by the process. The purpose of this page
is to clarify what you need to do in order to buy a suppressor.
There is so much information online from conflicting sources that it
can seem overwhelming before you actually dive in and get started. The
reality is that buying a suppressor is a simple process which requires
less paperwork than buying a new refrigerator!
Is it legal for you to own a suppressor?
The first thing you need to do is determine if suppressor ownership
is legal where you live. Currently, the following states allow private
ownership of suppressors: AL, AR, AK, AZ, CO, CT, FL, GA, ID, IN, KS,
KY, LA, ME, MD, MI, MO, MS, MT, ND, NE, NV, NH, NM, NC, OH, OK, OR, PA,
SC, SD, TN, TX, UT, VA, WA, WI, WV, and WY. Even if you live in one of
these states, you should verify that owning a suppressor is legal in
your area.
Many people are under the mistaken impression that they need a “Class
3” license in order to own a suppressor. This is not true. If you live
in a state where suppressor ownership is legal, and you can legally own a
firearm, then you can buy a suppressor.
How should you register your new suppressor?
Once you’ve determined that you can legally own a suppressor, you
should carefully consider what the best method will be for you to
register a suppressor. There are three possible ways to register a
suppressor, and each method has its own pros and cons.
1. Register the suppressor in your own name
- Advantages
- You can avoid initial work required to setup a trust or corporation
- Disadvantages
- Only you can be in possession of the suppressor
- Requires signature from chief law-enforcement officer where you live
- Requires fingerprint cards
- Best for
- People who don’t plan to buy a lot of NFA items
- People who just want to get the buying process started
- People who always plan to be present when the suppressor is in use
2. Register the suppressor to a trust
- Advantages
- Anyone listed as a trustee in the trust can be in possession of the suppressor
- A revocable trust can be changed at any time without notifying the ATF
- No signature is required from chief law-enforcement officer
- No fingerprint cards are required
- You only need to create the trust once. The same trust can be used
for all future suppressors or other NFA items (such as short barreled
rifles)
- Disadvantages
- Some initial work and cost is required to setup the trust. Many
people create their trust with software like Quicken WillMaker – or you
can also talk to a lawyer and have a specific NFA trust setup for you.
- In some states, a trust needs to be registered with the state – although that is not a requirement in most cases.
- Best for
- People with family members who want to share possession of the suppressor
- People who want to go together with friends on the purchase of a suppressor
- People who want more flexibility in the long run
- Anyone planning on making multiple NFA purchases who want to avoid
the overhead of getting the CLEO signature and fingerprints each time
3. Register the suppressor to a corporation
- Advantages
- Any officer of the corporation can be in possession of the suppressor
- If you already have a corporation, this can be easier than a trust since you will avoid the initial trust setup
- No signature is required from chief law-enforcement officer
- No fingerprint cards are required
- Disadvantages
- You need to keep your corporation in good standing, which can be
more work than a trust (which is basically a “create it and forget about
it” process in most cases)
- Best for
- Anyone who already owns a corporation, and wants that corporation to act as the owner of the suppressor
- Anyone planning on making multiple NFA purchases who want to avoid
the overhead of getting the CLEO signature and fingerprints each time
Now, you’re ready to buy your new toy!
Once you know you can legally own a suppressor, and you know how you’re going to register it, it’s time to go shopping!
The process of actually buying the suppressor online is similar to
buying something from Amazon.com, or any other online retailer, with
only three major differences:
- We can’t ship a suppressor directly to your house (unless you live in Arkansas).
For non-Arkansas buyers, you will need to locate an FFL holder in your
state with a Class 2 or 3 SOT that can handle the transfer for you. We
can even help you locate an FFL/SOT holder in your area if you don’t
already know one.
- The ATF requires a $200 tax stamp for each NFA item purchased. This amount is sent directly to the ATF along with your application.
- You won’t be able to take possession of the suppressor until the
transfer process has been completed by the ATF. This typically takes
between 4-6 months – but most suppressor owners will agree that it’s
well worth the wait!
After you go through the process the first time, you’ll realize that
there really isn’t much to it. The hardest part is that “Kid Before
Christmas” feeling while waiting on the ATF. ;-)
~Reprinted, with some revisions, with the permission of Dave Matheny.
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