FAQs
Is it legal for you to own a silencer?
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 silencer?
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 gun trust lawyer who will set it up 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