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Are Silencers Legal?
Every so often, it’s a good idea for us to go over the basics, especially when things about whether or not silencers are legal pops up in the news. You may have heard about something that makes it sound as though silencers, or suppressors, are some sort of illegal thing that only criminals use. That is not the case. In fact, silencers are completely legal in 42 states. Yes – 42 states! Look at the map above for where you can own one. And the benefits of owning a silencer are many. Let’s go over some of the details, shall we?
Who can legally own a silencer?
Let’s cover the basics. To legally own a silencer, you must:
- Be at least 21 years old to buy from a dealer
- Be at least 18 years old to buy from another person or to be listed on a trust
- Be a permanent United States citizen
- Be legally eligible to buy and possess a firearm
- Pass a background check from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
- Not have any felony convictions
- Live in a state that allows ownership
We will go through some of these in a little more detail, too. If you meet these criteria, you can get one. We can help you learn more on how to buy a silencer, too.
What is a silencer?
Good question. I’m glad you asked as it is a good place to start. A silencer is also known as a suppressor, which is actually a more accurate term. A silencer is a device that attaches to the muzzle of a gun barrel for the purpose of reducing the sound of a gunshot. Modern silencers are some form of design that holds baffles. These baffles help absorb the energy from the shot as it is expelled from the barrel. The bullet passes through the baffles and doesn’t lose any energy from the gun powder explosion, but the expelled gas and sound gets partially absorbed by the silencer. Most modern silencers help reduce sound while at the same time stabilizing the bullet’s flight path for better accuracy, as well as reducing the felt recoil from the absorption of the excess gasses.
The first silencers were designed and sold by Hiram P. Maxim, the son of Hiram Maxim - the inventor of the machine gun, in 1902. Maxim was issued the patent on the design in 1909. Maxim intended the silencer to be used for target practice. Theodore Roosevelt – Yes, that Theodore Roosevelt – was a Maxim silencer user and used them for all his morning hunting activities. It just makes sense that TLR would be a fan of hunting suppressed, wouldn’t it?
Can I just go buy a silencer?
In a way, yes, but in reality, no. You can’t just walk into a store, or come to this very website, and buy one and take it home that day. Back in the early part of the 20th century, the Federal government created the National Firearms Act (NFA) that was enacted in 1934. This was done to make it more difficult for criminal organizations to go down to the local hardware store and buy a machine gun. Until that happened, you could literally stroll into your local shop and walk out with a Thompson Machine Gun. If you’re like me, you probably just took a moment and closed your eyes, thinking just how cool that would be. I mean, I get why that was seen as a necessary act at the time, but if you’ve ever had the chance to shoot a Thompson, and I have, you’d probably love to own one. I’d go broke buying .45ACP ammo, but I digress.
The reason the NFA is important to this discussion is that, for whatever reason, the government decided to add silencers to the NFA. What the NFA did was impose a $200 tax stamp as a prerequisite for purchase for anything on the list. This included silencers. The $200 tax was an imposing amount in 1934, and it kept most people from buying anything from the NFA list. That fee and tax stamp requirement still stands to this day, at least for now. Through the NFA, you are required to submit an application to the ATF, where a background check and approval process takes place. There are a few other steps, like a check with your local law enforcement office and such. Once you get through these steps, you get your silencer.
Approval times
Here is the kicker. It used to be that submitting the application meant the start of a process that could take months, if not a year or more to accomplish. That is not the case anymore. Not even close, actually. Today’s approval times from the ATF are faster than ever, with approval times coming in a matter of weeks and even less. We’ve even seen approvals come in real time, as in minutes. The average wait time is around three to four weeks right now and individual and trust approvals are about the same. That is really cool.
There are two ways to file for an approval - Individually, or as part of a trust. We prefer the trust option, as it gives you more options. In fact, we provide the services to set up a trust free of charge, which actually can save you a bundle.
Where can’t I own a silencer?
It really shouldn’t be too hard to figure out which states don’t allow people to own a suppressor. We’re looking at you, California, Illinois, New York, Massachusetts, New Jersey, Rhode Island, Hawaii, Delaware, and Washington D.C. If you live in one of these states, we feel bad for you. But know that we are constantly working with your states’ leaders to help them see the light. That’s the thing about Silencer Central. We don’t just want to sell you a silencer, we are also fighting for your rights every day.
It’s about hearing protection!
We’ll say this louder for the folks in the back – Silencers are for hearing protection! They don’t silence a gunshot. This isn’t the movies, though. In real life, a silencer brings the noise levels down below the decibel level that causes hearing damage. With most gun shots being in the 140-160 decibel range, a good suppressor brings it down around 30 decibels. It is still lud, but now it won’t cause damage to your ear. If you want to know more about the hearing side of things, read this story on how a silencer protects your hearing.
And hearing protection starts at the very outset of gunpowder-propelled firearms. If you're shooting .22s or other rimfire firearms, you should strongly consider a suppressor from the sake of hearing protection.
Are Homemade and fake silencers legal?
Can you make your own silencer? Sure. There’s likely plans all over the internet on how to do it, too. Is it legal? Oh, this is where it gets a little tricky. Remember in Jurassic Park when the one character says that the scientists were so caught up in that they could do something that they never stopped to think if they should? It is kind of the same thing. You can make your own silencer, but to do so legally means you need to go through the application process and background checks and have the tax stamp BEFORE you begin. Yes, to be legal, even homemade silencers need the tax stamp. Trust me, you don’t want to be caught without it, too. We won’t even get into the safety issues either.
Fake silencers are legal for the most part. Be sure to check you local laws. You should also be prepared to get checked by law enforcement. I’d like to say that I can see the appeal of a fake suppressor, but to be honest, I can’t. It’s just my opinion, so take that for what its worth. If I wanted my firearm to look like it has a suppressor, I’d go through the process and buy a suppressor. If you’re going to open yourself up to hassles, you might as well get the benefit. Honestly, I think it would be easier to have the suppressor in the first place.
But I heard on the news...
Silencers have been in the news lately, mostly because someone in Congress has a bill that would remove silencers from the NFA. This means you wouldn’t need to jump through the hoops to buy one. There has been a version of this same bill presented multiple times either in the House or Senate. It hasn’t been passed yet. Will it pass? Who knows? It will take years to go through the process, though. We have people keeping track in Washington D.C. to follow this bill and we will keep you posted.
Silencer Legality Frequently Asked Questions
Are Silencers Legal? Let's go through the answers
If you live in one of the 42 states where suppressors are legal to own, yes, rifle silencers are perfectly legal. You have to meet the requirements for ownership, such as age and the ability to pass the background checks.
No, the federal =government currently requires a tax stamp to be purchased and a background check done on all silencers sold or built at home.
You are required to be 21 years old to buy a silencer from a retailer, such as Silencer Central. You can process one if you are 18 years old or older, however. This is important for the purposes of setting up a trust.
Yes, you may use a silencer for hunting in 41 states. Check your local laws to be sure you have no restrictions, but you are good to own and hunt with your suppressor.
Of course you can! Pistol suppressors are legal in all of the 42 states.
A trust gives you more options with how you use and pass down your silencer, as well as who can use your silencer outside of your vicinity. Failing as an individual used to be considered much faster in terms of approval times, but the two have caught up to each other. Individual filing is perfect if you are the only one who will ever use your silencer. Trusts give you more options and setting one up is a service Silencer Central provides for free.
I want a silencer – How do I buy one?
That’s the easy part, my friends. Silencer Central was built on the idea of taking the process and making it simple and painless. The customer service experts can help you find the right silencer for you, walk you though the paperwork, set up your approval process, and in the end, ship your silencer to your door. There’s even a sweet customer portal that lets you track everything. Silencer Central sells more suppressors than anyone. There’s a reason for that, too. They are the best in the business.
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