Is it illegal to own a gun suppressor?
Legal under federal law but strictly regulated and banned in eight states.
Owning a gun suppressor is legal under federal law provided you follow the National Firearms Act registration process. You must purchase a federal tax stamp, undergo an intensive background check, and live in one of the 42 states that permit private ownership. It is highly illegal to possess an unregistered suppressor or one that was manufactured without proper licensure. While often called 'silencers,' these devices only reduce noise to hearing-safe levels rather than making them silent.
RELEVANT LAWS
- 26 U.S.C. § 5861National Firearms Act (NFA)
- 18 U.S.C. § 921Gun Control Act of 1968
- Bureau of ATF Rule 2021R-05FDefinition of firearm frames or receivers
- California Penal Code § 33210State level prohibition
POTENTIAL PENALTIES
- Up to 10 years in federal prison for possession of an unregistered NFA item.
- Fines of up to $250,000 per violation.
- Permanent forfeiture of the firearm and the suppressor device.
- Loss of the right to own or possess firearms as a convicted felon.
JURISDICTION
While legal federally, suppressors are currently prohibited for civilian ownership in CA, DE, HI, IL, MA, NY, NJ, RI, and the District of Columbia.
The inventor of the suppressor, Hiram Percy Maxim, also invented the first successful muffler for gasoline engines using the exact same technology.
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