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Post by "DoubleAction" on Sept 17, 2009 16:35:59 GMT -5
AL, AR, AK, AZ, CO, CT, FL, GA, ID, IN, KY, LA, ME, MD, MS, MT, NE, ND, NV, NH, NM, NC, OH, OK, OR, PA, SC, SD, TN, TX, UT, VA, WA, WV, WI, and WY allow civilians to own silencers. Federal law does not require a permit or license to own a silencer, but does require that a $200 tax be paid for each one bought or made by an unlicensed person. The paperwork consists of two forms, finger prints cards, your photo and a check for $200. Approval is routine and takes about 1-2 months. I have never heard of anyone being denied as long as they filled out the paperwork correctly.
The only ones who need a license are those who deal in them as a business. In this case they need to have a federal firearms license (FFL) like any other gun dealer. They also need to pay the special occupational tax (SOT). Importers are class 1, manufacturers are class 2 and dealers are class 3 SOT’s. While people like to describe machine guns and silencers as class 3 firearms, they are properly called title 2 weapons. Title 1 weapons are ordinary pistols rifles and shotguns.
Various online dealers such as the one you referenced have a guide for buying silencers from them. The only hard part is that some local sheriffs do not like to sign the back of the ATF form 4 used to buy, or the ATF form 1 used to make. In this case most people just form a revocable trust to own the silencer for them. The ATF forms are the same, but no sheriff’s signature, fingerprints or photos are required. As far as I know, TN is the only state that requires the local sheriff to sign ATF forms presented to them within three days as long as the person is allowed to own firearms.
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Post by "DoubleAction" on Sept 17, 2009 16:39:34 GMT -5
Gun Silencer FAQs from Yankee Hill
Unlike conventional firearms, each change of possession or ownership of a Title 2 weapon (silencer, machine gun, sawed-off shotgun, pengun, etc.) must be approved in advance by BATF. This includes not only the sale of such a weapon, but also the act of giving or loaning it to another person. Failure to comply can result in a $250,000 fine, 10 years in prison, or both. Although the weapon can be moved by its registered owner within the owner's state or residence, transportation across state lines requires prior BATF approval. These requirements were instituted by the National Firearms Act of 1934 and were incorporated into the Gun Control Act of 1968.
To the best of our knowledge, silencers are legal for private ownership in the following states: AL, AR, AK, AZ, CO, CT, FL, GA, ID, IN, KY, LA, ME, MD, MS, MT, NE, NV, NH, NM, NC, ND, OH, OK, OR, PA, SC, SD, TN, TX, UT, VA, WA, WV, WI, and WY. Additionally, they maybe owned by Class 3 dealers and Class 2 manufacturers (but not individuals) in: CA, IA, KS, MA, MO, and MI. Territorial law prohibits possession in the Territories and Possessions of the United States. There are no known restrictions on governmental ownership. If your state is not listed, check with your local office of the Bureau of Alcohol, Tobacco, & Firearms or your state's Attorney General. If they are not legal in your state of residence, we cannot sell to you. Please do not ask us to violate state or federal law.
As with any firearm, an individual owner must take possession through a licensed dealer in his state of residence. In the case of Title 2 weapons (silencers, machine guns, etc.), the dealer must be what is known as a class 3 dealer, meaning that he has paid an annual special occupational tax in conjunction with his firearms license to permit him to deal in Title 2 weapons without paying the individual $200 transfer tax on each weapon.
The $200 transfer tax is assessed each time a Title 2 weapon changes hands. The exceptions are to (or from) a governmental agency or a class 3 dealer. Interestingly, many class 3 dealers do not have a storefront and deal in these weapons as a sideline..
Each time a Title 2 weapon changes hands, the transfer must be approved in advance by the Bureau of Alcohol, Tobacco & Firearms. It normally takes 4-5 weeks for BATF to approve the transfer between dealers or to law enforcement agencies, and the transfer to individuals requires 3-4 months.
The procedure for obtaining one of our suppressors is to order (and pay for) the unit. The weapon should be ordered through your class 3 dealer. Although you may order direct, it must be delivered through your dealer. We then transfer the weapon to your class 3 dealer. Your dealer will then assist you in completing the necessary paperwork to transfer the weapon to you. This will include your submitting fingerprints and two passport size photos on your application. In addition, your local chief law enforcement officer (sheriff or chief of police) will need to sign the application. Along with your $200 transfer tax, the application is sent to BATF. When the application is approved (and not before), your dealer turns over possession to you.
Your dealer will charge a fee for handling of the weapon. We are not in the business of being a sales tax collector for states other than Idaho, but we do not encourage your avoidance of sales or use taxes.
If you are eligible to own any conventional firearm, you are also eligible to own a Title 2 weapon provided that there are no state laws prohibiting such ownership. This means basically that you must be free of all felony convictions and be over 21 years of age.
Your dealer can usually help you find a suitable law enforcement signature in the rare instance where your sheriff is personally anti-gun and refuses to sign your application. Your other option is to form a corporation, which does not require a law enforcement signature.
Federal law prohibits exportation of silencers except to governmental agencies with an End User Certificate. Please contact us by telephone for further details if you represent a foreign government agency.
Source: www.answerbag.com/q_view/7867
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Post by "DoubleAction" on Nov 4, 2009 19:30:51 GMT -5
Polite Society Inc. [PSI] is an Atlanta, Georgia area licensed firearms dealer of NFA weapons and suppressors, pistols, rifles, shotguns, and accessories.
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Post by "DoubleAction" on Nov 4, 2009 19:39:53 GMT -5
Buying A Silencer From A Local Dealer
Buying a silencer is not a difficult task. You will need to fill out some forms, send the forms to the ATF with a check for $200 and wait for the forms to be approved. That's it.
The local dealer will help the buyer fill out the transfer form. The dealer will also help the buyer fill out another form called the Citizenship form.
This form identifies the buyer either as a United States citizen or a legal resident alien. The dealer will then give the buyer some fingerprint cards. The buyer must take the fingerprint cards to a local police department and be fingerprinted. Fees for this service are usually only a few dollars. The next step for the buyer is to get two passport size photos and attach them to the Form 4. The final step is to take the Form 4 to the local (Chief Law Enforcement Officer) for the county in which the buyer lives. The CLEO must sign the Form 4 before the form can be sent to the BATFE.
When the forms are approved they are sent back to the selling dealer. The dealer then calls the buyer to come pickup the silencer.
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