Ownership

Determine whether or not your state allows you to own a silencer.

Silencers are legal but they are regulated on a per-state basis. However, the National Firearms Act (NFA) branch of the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) ultimately controls any transfers, and all silencers are registered by this branch. Individuals, corporations, and trusts can legally purchase and possess silencers in 39 states. However, if you are a dealer, manufacturer, peace officer, or a law enforcement agency or other government agency, there are additional states where you can own a silencer. Check to see if you are eligible.

POLICE OFFICER PURCHASES AS AN INDIVIDUAL:

Peace officers have all the same state ownership rights that individuals, corporations, and trusts have, but in addition, New York is on the list.

LAW ENFORCEMENT AGENCIES:

Silencers are legal in most states for law enforcement agencies. Please contact SilencerCo for information.

States that DO allow individuals, corporations, and trusts to own a gun/silencer

 
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States that do NOT allow individuals, corporations, and trusts to own a gun/silencer

 
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So, do you live in a silencer-friendly state? If not, there are still a few options for you.

1) You can send a letter to your congressman or senator to encourage him or her to legalize silencers in your state.

2) You can move to a silencer friendly state.

3) You can purchase a second home in a silencer friendly state and qualify for dual residency.

You cannot legally make your own silencer in a state where silencers are illegal.

You cannot drive or fly to a silencer friendly state and purchase one to take back to your state.

You cannot have a friend or family member who lives in a silencer friendly state buy you one.

You must be a resident of the state where the silencer is purchased. If you do live in a state where silencers are legal, we congratulate you for living in a state that protects your second amendment rights.

 

Determine whether or not you personally qualify to obtain a silencer.

 

To legally purchase or possess a silencer:

You must be a citizen of the United States

You must be at least 21 years of age to purchase a silencer from a dealer

You must be at least 18 years of age to purchase a silencer from an individual on a Form 4 to Form 4 transfer (contingent on state laws)

You must be at least 18 years of age to possess a silencer as a beneficiary of a trust or as a member of a corporation (contingent on state laws)

You cannot be a felon

If you do not meet all five requirements, you may NOT legally obtain a silencer.

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I qualify personally and geographically to own a silencer, now what?

 

For individuals to purchase a silencer, they must start by choosing a product. Locate a class III gun dealer in your state. If the dealer does not already have the Silencerco product that interests you in stock, you can order it through the dealer. Once you agree to your dealer’s selling price, you may be required to pay for the silencer in full or, at the very least, provide a significant deposit to start your transfer paperwork. This is because it may take one to five months for the paperwork to be approved, thus tying up the inventory.

After the monetary transaction takes place, the dealer will order the product from us if it is not in stock, in which case Silencerco will have to transfer the product to your dealer by asking permission from the BATFE via Form 3. This transfer can take two to six weeks to be approved. If the dealer does have the product in stock, it will be assigned to you and separated from the rest of the inventory, ensuring that you have a product serial number for your form.

Once you have an assigned product serial number, the class III dealer will then give you the ATF Form 4 (5320.4), Application for Tax Paid Transfer and Registration of Firearm, in duplicate with the serial number of the product filled out in the appropriate section. You must fill out the rest of the form in duplicate. You will send in a $200 check or money order with the completed application, along with a recent photo and fingerprint cards. (See the “Steps” for more detailed information in completing this process.)

 

Steps to completing your form 4 as an individual.

 

Steps to completing your form 4 as a corporation or trust.

  1. Obtain the ATF Form 4 (5320.4) (Application for Tax Paid Transfer and Registration of Firearm) from your dealer in duplicate. Some information should be pre-filled by your dealer, such as the dealer’s name and address, the model of the silencer you are purchasing, the overall length of the silencer, the caliber of the silencer, the serial number of the silencer, and the manufacturer’s information. Make sure the dealer signs the appropriate fields. Remember to complete all information in duplicate.
     
  2. Fill out the required information on the front of the form, including your name and address. Complete the back by answering the questions and stating the reason you are acquiring the silencer. Sign and date the back of the form. Again, remember to complete all information in duplicate.
     
  3. Affix a recent color passport-sized photograph of yourself on the back of each copy of the form.
     
  4. Acquire a signature of the chief law enforcement officer of your county or your local sheriff. Don’t let this step scare you; this is a routine request. If you feel that your police chief or sheriff will not sign the Form 4 because of personal or political concerns with the second amendment, do not worry. You can bypass them by purchasing the silencer under your Limited Liability Company (LLC) or corporation, or under a trust. Read the section below on how to fill out Form 4 as a trust or a corporation.
     
  5. While you are at the station obtaining the required signature, ink up your fingers and get two copies of FBI fingerprint cards (FBI Form FD-258) that you will send in with the two duplicates of Form 4.
     
  6. Fill out the ATF Form 5330.20 (Certification of Compliance). This form does not have to be in duplicate.
     
  7. Place both completed copies of Form 4, the two copies of FBI fingerprint cards, and the completed Certification of Compliance form in an envelope, along with a check or money order (payable to Bureau of Alcohol, Tobacco, Firearms, and Explosives) for $200 and mail to the address listed on Form 4. We advise that you use a check and not a money order so you can see when the ATF cashes your check. This is a great way to confirm if the form actually arrived and is being processed. Otherwise, you may just be waiting for two to six months for approval, when, in fact, your paperwork never arrived.
     
  8. After the ATF approves Form 4, they will put a stamp on one of the two copies you sent them and then send it to the dealer where you purchased the silencer. The dealer will then notify you that the paperwork has returned and that the silencer is ready to pick up.
  1. Obtain the ATF Form 4 (5320.4) (Application for Tax Paid Transfer and Registration of Firearm) from your dealer in duplicate. Some information should be pre-filled by your dealer, such as the dealer’s name and address, the model of the silencer you are purchasing, the overall length of the silencer, the caliber of the silencer, the serial number of the silencer, and the manufacturer’s information. Make sure the dealer signs the appropriate fields. Remember to complete all information in duplicate.
     
  2. Fill out the required information on the front of the form, including the name of your corporation or trust (not your own name) and address. Complete the back by answering the questions and stating the reason you are acquiring the silencer. (Remember to print the name of your corporation or trust, not your own name, in section 15). Sign and date the back. Remember to complete all information in duplicate.
     
  3. Place both completed copies of Form 4 with a check or money order (payable to Bureau of Alcohol, Tobacco, Firearms, and Explosives) for $200 in an envelope, along with a copy of your Articles of Incorporation or trust paperwork, and mail to the address listed on Form 4. We advise that you use a check and not a money order so you can see when the ATF cashes your check. This is a great way to confirm if the form actually arrived and is being processed. Otherwise, you may just be waiting for two to six months for approval, when, in fact, your paperwork never arrived.
     
  4. After the ATF approves Form 4, they will put a stamp on one of the two copies you sent them and then send it to the dealer where you purchased the silencer. The dealer will then notify you that the paperwork has returned and that the silencer is ready to pick up.
 

How to obtain a silencer if you are purchasing for a law enforcement or government agency.

 

Acquiring a silencer for a government agency is easy. The individual that has the authority to purchase can contact us. We will fill out the paperwork needed and submit it in your behalf. When we get an approval to transfer the items, we will ship them to the agency. Please ask us about our testing and evaluation program. If you would like to know how silencers can benefit your agency, click here to contact us for more information.

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