America's Largest Suppressor Dealer ATF Wait Times
Designed for rimfire rifles and pistols, .22 caliber and smaller. The BANISH RF 22 T…
$549.00
Designed for your hunt. Built for your budget. The BANISH HNT 30 SS is a welded, sta…
$499.00
Rated for calibers up to the .300 Remington Ultra Magnum (RUM), the BANISH HNT Backc…
$1,099.00
Suppressors are on the brink of historic deregulation. But unless state laws catch up, some gun owners could find themselves on the wrong side of unclear or outdated laws. As you may recall, Silencer Central has been working with states to get antiquated suppressor laws removed from every state that has them. Many of these laws revolved around suppressors being legal in that state as long as Federal regulations allowed. Now with federal deregulation on the precipice of happening, those states with these laws still on the books have a problem.
Several states currently have laws that require some form of approval from the Federal government under the current National Firearms Act (NFA). These states will have to pass new legislation to make suppressor ownership legal under the laws should deregulation proceed. If things progress quickly, you may not be able to buy a suppressor in these states.
Here is the break down of states that still have suppressor laws affected by the court ruling and how they stand with those current laws.
These are states that need to revise their laws. In these states, possession is keyed to the actual NFA registration. That makes it impossible to purchase a suppressor legally. Washington state has a similar problem from a usage point of view. Possession is lawful; only the use of an unregistered suppressor is an offense if the NFA goes away. So you can own one, but you can't use it.
In these states, suppressor legality is pending based on compliance being legally impossible or without practical effect.
These states have ambiguous laws that hook into general federal law. We are tracking these states with a careful eye, as the law can be interrupted either way. As a precaution, we suggest proceeding carefully. In Montana, the current law creates a legal trap you can fall into. The laws are vague at best and interpretation is key. That alone makes us highly cautious of legality.
Silencer Central already succeeded in South Dakota. The Governor even signed it into law at our headquarters. Brandon Maddox, Silencer Central CEO and Founder, then testified in several other states during hearing on the laws of those states to help get bills passed. This includes Kansas and Mississippi.
If you live in one of these states and the NFA goes away, you will be able to purchase a suppressor the same as a firearm. They do not have state-level laws stating that they are legal but require Federal approval under the NFA.
This is where things get messy. There are a lot of gray areas here, and, frankly, we understand why that can be frustrating. So, what should you keep in mind?
We need to start out by saying that in no way is this legal advice. We're not lawyers, although we do consult with our legal and compliance teams. If you have an issue, please contact your attorney for advice, as some of this information may not directly apply to your state.
First, you generally can’t be punished for something that was legal when you did it. That’s where ex post facto protection comes into play. In simple terms, the government can’t make something illegal today and then go back and punish you for doing it yesterday when it was legal.
There’s another important piece of the puzzle. When a criminal law is genuinely vague, courts are supposed to interpret that ambiguity in favor of the defendant. And when a law says you have to comply with a regulation that doesn’t actually exist, there can be some serious questions about whether that law is even enforceable.
Now, before anybody starts celebrating, there’s a big “but” here. These are legal theories, not magic words that make a case disappear. If you find yourself in a legal fight over your suppressors, these defenses can get complicated in a hurry. The specific facts, the wording of the state law, and how a court interprets it all matter.
Contact your state representatives now. Let them know changes are needed to prevent inadvertent criminalization. With this being an election year, you likely have been inundated with information to connect with your state-level representatives. If not, a simple Google search of how you can contact your state representatives will yield you the correct tool for your state.
The other thing you can do now is buy a suppressor. This is especially important if you live in one of the problem states. We're not even saying you have to buy one from us, but if you want one, it may be in your best interests to buy it now ahead of any possible major shift in legality in your area.
About what changes in your state if the NFA goes away
Unfortunately no, it will not. Until those states see fit to change their laws, suppressors will continue to be illegal in states like California, Illinois, New York, Delaware, Hawaii, Massachusetts, New Jersey, Rhode Island, and Washington D.C.
In theory, if you bought it legally, then you are grandfathered in and can still own it because you bought it under the legal terms listed before the ruling came into effect. However, and this is important, you need to check with your state to make sure that is the case - where you live!
Yes! You can start by contacting all of your representatives and voicing your concerns. You can also help by supporting the organizations that are fighting on your behalf to make suppressor ownership easier.
