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Silencer and Machine Gun Ownership Information

Most people believe that suppressors (aka silencers), machine guns and short barreled rifles are illegal. However, contrary to popular belief, they have NEVER been illegal to own under federal law - though some state laws do prohibit them.

Last we checked, the following states allow private ownership of silencers: AL, AR, AK, AZ, CO, CT, FL, GA, ID, IN, KS, KY, LA, ME, MD, MS, MT, NE, NV, NH, NM, NC, OH, OK, OR, PA, SC, SD, TN, TX, UT, VA, WA, WI, WV, and WY. Of the fourteen states that do not allow civilian ownership, CA, IA, MA, MO, and MI do allow Class 3 dealers and Class 2 manufacturers to possess silencers.

What is an NFA item? Silencers, Machine-guns (Full Auto), and Short Barreled Rifles (SBR's) are regulated under the National Firearms Act (NFA) of 1934, and are regulated by the Bureau of Alcohol, Tobacco, and Firearms.

Indiana does not allow the possession of short barrel shotguns, but short barrel rifles are ok.

Legal persons who may purchase a silencer or any NFA item must be at least 21 years old, a resident of the United States, and have no felony record (basically if you are able to own a regular firearm and pass the NICS check you will be good to go).

You can take your silencer to a silencer friendly state (make sure to keep a copy of your Form 4 on you) with no problem. Machine guns and short barrel rifles and such need a form 5320.20 filled out and approved prior to transportation.  

Completing paperwork to own a silencer, machine gun or a SBR may seem intimidating at first, but actually requires very little paperwork - in fact, we do most of the paperwork for you!

 

Now that you know you're legal and you're itching to buy-

(Be sure to read our page on Top Myths of NFA Weapons  first):

There are 2 routes you as the buyer can take to purchase NFA items:

  • 1) Individual

    • When buying as an Individual, we will set you up with duplicate ATF Form 4's and two sets of fingerprint cards. Then we will fill out the Form 4's and you will sign and date them. You will need to have two passport photos that we must affix to the back side of the forms.
    • Then you as the buyer must have your Chief Law-Enforcement Officer or Sheriff sign the rear of the Form 4's attesting that you the purchaser do not possess a criminal record and are not "wanted." The two fingerprint cards must also be completed and signed by the Law Enforcement Agency.
  • Proceed to Next Step.

Note: If you plan to go the Individual route it is wise to inquire with your Chief / Sheriff first to see if they will sign off. Ask us first - we may already know if your CLEO is willing to sign off.

  • 2) Trust or Corporation

      • When buying as a Trust or Corporation we attach the notarized copy you provide us with of your trust or articles of incorporation to the Form 4's. You don't have to have the Chief's signature, passport photos, or finger prints done in this case.
  • NEXT STEP: Either a Trust or Corporation or as an Individual, you will need to include with the completed paperwork a check or money order for $200.00 payable to the BATF.

The $200.00 is known as a "transfer tax" because it must be paid whenever ownership of the silencer or NFA item is "transferred" (in this case, the dealer - which is us - to you, the prospective purchaser). As long as ownership remains with the same person, the tax need not be paid again. Only if the owner sells it will a new transfer tax need to be paid. An owner may will his silencer to a lawful heir with no tax incurred.


This $200 transfer tax seems very high to some and it is, but keep in mind this $200 tax was instituted in 1934 on $1- $3 silencers and such that you could buy at your local hardware store. The tax has remained the same since 1934.

  • Once the paper work is mailed and submitted, it normally takes approximately 60-120 days to receive the approved, stamped paperwork from the NFA Branch.
  • Upon the return (and only upon the return) of the stamped and approved Form 4 we can allow you the purchaser to take possession of your NFA item. A copy of the approved paperwork (your Form 4) must accompany the NFA item at all times (the original should be stored in a safe deposit box or such).

Important to note: Silencers can be transported to other states that allow their ownership, but to transport a silencer into one of the states which prohibit private ownership can subject the owner to possible state felony charges.

 

© 2010 Front Toward Enemy Firearms

www.front2enemy.com

DeMotte, IN     219.742.9181