Suppressors, also known as silencers, are undeniably NFA items in the United States. This means they fall under the purview of the National Firearms Act of 1934, requiring registration with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and adherence to specific regulations. Understanding this designation is crucial for anyone considering owning or using a suppressor.
What is the National Firearms Act (NFA)?
The NFA is a federal law that regulates certain types of firearms and firearm accessories deemed particularly dangerous or capable of being used in criminal activities. This includes:
- Machine guns: Automatic weapons capable of firing multiple rounds with a single trigger pull.
- Short-barreled shotguns (SBS): Shotguns with barrels less than 18 inches in length.
- Short-barreled rifles (SBR): Rifles with barrels less than 16 inches in length.
- Any other weapon (AOW): A catch-all category encompassing devices designed or readily adaptable to expel a projectile by the action of an explosive. This often includes items like certain types of handguns and improvised explosive devices.
- Destructive devices: Items such as bombs, grenades, and explosive-based weaponry.
- Suppressors/silencers: Devices designed to muffle the sound of a firearm.
Why are Suppressors Regulated Under the NFA?
The rationale behind the NFA's regulation of suppressors centers on their potential to facilitate criminal activities. While suppressors have legitimate uses, such as in hunting and competitive shooting to reduce noise and recoil, their ability to mask the sound of gunfire is what places them under this strict regulatory framework. The concern is that their use could lead to increased criminal activity, making it more difficult to detect and apprehend offenders.
The Process of Owning a Suppressor Legally
Legally acquiring a suppressor involves navigating a multi-step process that includes:
- Application: Submitting ATF Form 4, which includes background checks and fingerprinting.
- Tax Stamp: Paying a $200 tax stamp for the suppressor.
- Waiting Period: A significant waiting period is involved, which can take several months or even longer depending on the current ATF processing times. This extended waiting period is a key component of the NFA's regulatory structure.
- Storage and Transportation: Strict regulations govern the storage and transportation of NFA items. These regulations are designed to ensure secure handling and prevent theft or misuse.
Misconceptions about Suppressors
It's important to address common misconceptions surrounding suppressors:
- Complete Silence: Suppressors don't make firearms completely silent. They significantly reduce the sound, but the gunshot will still be audible. The degree of sound reduction varies depending on the suppressor's design and the firearm being used.
- Automatic Approval: The application process is not guaranteed approval. Applicants must meet all background check requirements and legal standards.
Conclusion
In conclusion, suppressors are definitively NFA items, subject to stringent regulations under the National Firearms Act. Understanding these regulations is vital for anyone considering owning or using a suppressor to ensure compliance with the law and to avoid potential legal penalties. Always consult the ATF website and relevant legal counsel for the most up-to-date and accurate information.
