Silencer Laws
How to Get a Suppressor Tax Stamp
You may be a little confused about how to buy a suppressor. In keeping with our promise to simplify the process for you, let's take a look at one of the areas many of you have questions about - the Federal Tax Stamp.
Key Takeaways
- NFA Items and Tax Stamps: A suppressor tax stamp is essential for National Firearms Act (NFA) items, including suppressors, machine guns, short barrel rifles, and short barrel shotguns, regulated by the ATF since 1934.
- Mandatory for Ownership: Whether you buy from a dealer or make an NFA item, you must obtain a tax stamp, with the exception of machine guns, which are prohibited for individual production.
- Two Application Methods: You can acquire a suppressor tax stamp through an ATF Form 4 for dealer-purchased suppressors or an ATF Form 1 for manufacturing NFA items.
- Simplified ATF Form 4: For dealer-bought suppressors, ATF Form 4 processes are streamlined, with digital and mail options, eliminating the need for in-person visits.
- Tax Stamp Varieties: The tax stamp may be a physical stamp (paper application) or a digitally placed stamp (eFile application) to confirm ATF Form approval.
- One-Time $200 Fee: The suppressor tax stamp requires a one-time payment of $200 during the application process, lasting as long as you own the suppressor.
- Multiple Suppressors, Multiple Stamps: Each suppressor purchase necessitates a $200 tax stamp. Once paid, you're covered for the suppressor's entire ownership period.
- Carrying Your Tax Stamp: Although not legally mandated, carrying a copy of your tax stamp and related documents is advisable when using or traveling with your suppressor. Keep the originals secure.
- Legal Obligations: Legally, you must show your tax stamp only to ATF agents and law enforcement. Range staff may request it as per their policies but lack legal entitlement.
- Silencer Central's Streamlined Process: Silencer Central simplifies the suppressor tax stamp process, offering services in all 42 suppressor-legal states, including direct-to-door shipping.
If you don't already own a suppressor, you’ve likely heard different bits and pieces about the buying process, of which a tax stamp is part of. Being issued a tax stamp isn’t that difficult, but like all things involving the ATF, it can be a bit stressful. Preconceived notions and misinformation abound when it comes to suppressor buying, so how about we walk you through everything?
WHAT IS A federal TAX STAMP?
For starters, a tax stamp isn’t just for suppressors. You need one for all National Firearms Act (NFA) items, which also includes machine guns, short barrel rifles, and short barrel shotguns. The need for the stamp dates back to 1934 with the passage of the NFA, which put the aforementioned items under strict federal regulatory control of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE), or, more commonly, ATF.
Yes, you NEED A TAX STAMP!
The answer to whether or not you need a tax stamp for a suppressor, machine gun, short barrel rifle, or short barrel shotgun is YES, you absolutely need a tax stamp in order to own one of those items. It doesn’t matter if you’re buying one from a dealer or making one yourself, you have to get a tax stamp. (With the exception of a machine gun. You can buy one with a stamp, but you absolutely cannot make them under any circumstances, tax stamp or not.)
HOW DO I GET A TAX STAMP FOR A SUPPRESSOR?
There are two ways to get a suppressor tax stamp:
Method 1 - buy through an FFL dealer or manufacturer
The first way is to buy a ready-made suppressor on an ATF Form 4. This means you are buying a suppressor from an FFL dealer or manufacturer who is selling a suppressor, like what we do at Silencer Central.
Method 2 - file an ATF Form 1
The other way to get a suppressor tax stamp is to file an ATF Form 1, which is the application to manufacture an NFA item. If you’re handy with machine tools, you can make your own suppressor at home, although it might not be as effective as a commercial model. You can also buy “solvent trap” kits that exist in a vague legal gray area and can be readily turned into suppressors. Talk to a good firearms lawyer before you Form 1 some of these “not-a-real-silencer” kits so that you can avoid any legal issues in the future. That’s one of the main benefits of buying a manufactured suppressor on a Form 4. No one has ever had the legality of a Form 4 suppressor challenged by the ATF.
GETTING YOUR SUPPRESSOR TAX STAMP
Most people use a Form 4 when buying their suppressor. When you buy from Silencer Central, we make buying a silencer simple. We are approved by the ATF to handle the entire suppressor sales process digitally and by mail – you never have to come into one of our office, or visit a local gun shop. With other dealers, you’ll be filling out the paperwork on location and returning again when the ATF approves your application and background check.
The actual stamp that you receive will vary depending on whether you filed a paper application or an eFile application. If you submitted a paper application, then you will get back an actual, physical stamp that has been placed on your ATF Form 1 or Form 4. If you eFiled your application, then you will have a printed stamp that has been digitally placed on your ATF Form 1 or Form 4. Either way, the stamp is proof positive that you have an official, approved ATF Form and you can now enjoy your suppressor or other NFA item.
As an FYI, e-filing is leaps and bounds faster than paper filing. If you want to know the latest on wait times for approvals, click here.
Tax stamp fees
There are some fees associated with a tax stamp. Thankfully, a suppressor tax stamp is not a yearly fee. It’s a “one and done” tax of $200 that is paid up front with your application. Once your application is approved and you receive your suppressor and stamp, it’s valid for as long as you own the suppressor.
There are a few things to keep in mind, though. If you buy your suppressor as an individual, as opposed to a trust, you may then have to buy a new tax stamp if you transfer the suppressor, or if you add it to a trust later. If you are deciding between individual vs. trust, here's some more information.
CAN I BUY MULTIPLE SUPPRESSORS WITH ONE STAMP?
Unfortunately, no, you cannot buy multiple suppressors with one tax stamp. You have to pay the $200 tax for each suppressor that you want to make on a Form 1 or buy on a Form 4. However, once you’ve paid the $200 tax at the beginning of the process, then you’re paid up for as long as you own the suppressor.
Who sees the tax stamp?
It’s always a good idea to keep a copy of your tax stamp and other suppressor-related paperwork (like your trust documents) with you when you’re either traveling with your suppressor or shooting with it on the range. Notice that we said a copy of your stamp and paperwork. Don’t take the originals with you and risk losing them. Make copies and keep the original stamp and other paperwork locked up in a secure place.
WHO DO I HAVE TO SHOW MY TAX STAMP TO?
Generally speaking, the only people who you legally have to show your tax stamp to if asked to do so are ATF agents and law enforcement professionals.
Range Safety Officers or other range staff are not included in the list of people to whom you have a legal obligation to show your tax stamp. However, as a private establishment, the range has every right to ask to see your paperwork and they are within their right to ask you to leave if you do not abide by their rules.
GET STARTED TODAY
At Silencer Central, we are passionate about compliance, knowledge, and community education in firearm sound suppression. With more than 15 years of experience in the industry, we are the nation’s largest silencer dealer. We’re also the only one licensed in all 42 suppressor-legal states that can sell, process, and ship your new suppressor directly to your front door.
Like all things in life, there’s always something more to learn. Hopefully, the information about tax stamps in this article helped answer a lot of your questions. Of course, it’s also possible that it brought some new questions to mind that you hadn’t thought of before. Or, we might have overlooked your question altogether. Whatever the case, we’re here to answer any and all of your questions and then get you started on your own journey to suppressor ownership.
Faq's
Yes, you do. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) requires that you have your tax stamp and registration available when in possession of a suppressor.
No, when you purchase your next suppressor you will still need to complete the ATF application process, pay the $200 tax stamp, and wait for approval. However, Silencer Central keeps your fingerprints and passport-style photo on file in a secured location making the preparation of your application on future purchases fast and simple.
There is a $200 Tax Stamp required per silencer. This fee is tax deductible and is a one-time fee. The best way to conceptualize this fee is as a title transfer tax.
Yes, you do. One of the potential drawbacks of buying an integrally suppressed gun is that the suppressor cannot easily be transferred from gun to gun like a removable suppressor. However, if this isn’t a concern for you, then an integrally suppressed gun can be a great option for those looking to have the benefits of a suppressor built into their gun from the start.
For more information, see our article about how to get a suppressor tax stamp.
Yes, you can within limitations, If you call the ATF NFA Branch (304-616-4500) they will be able to let you know when your suppressor was submitted and if you have been approved. When calling be sure to have these items ready when asked:
- The name listed on the trust
- The serial number on the requested suppressor
- The Name of the transferor (Silencer Central)