NFA – Class 3

Purchasing NFA/Class III Weapons

According to Silencerco

According to Silencerco

YES, SILENCERS ARE LEGAL – AND THEY ARE EASY TO OBTAIN THROUGH PROPER CHANNELS.
No, you do not need a license to purchase a silencer, but you do have to pay a one-time $200 tax for each silencer you purchase. You also must:
  • BE AT LEAST 21 YEARS OF AGE TO PURCHASE A SILENCER FROM A DEALER
  • BE AT LEAST 18 YEARS OF AGE TO PURCHASE A SILENCER FROM AN INDIVIDUAL ON A FORM 4 TO FORM 4 TRANSFER (CONTINGENT ON STATE LAWS)
  • BE AT LEAST 18 YEARS OF AGE TO POSSESS A SILENCER AS A BENEFICIARY OF A TRUST OR AS A MEMBER OF A CORPORATION
  • BE A RESIDENT OF THE UNITED STATES
  • BE LEGALLY ELIGIBLE TO PURCHASE A FIREARM
  • PASS A BATFE BACKGROUND CHECK WITH A TYPICAL PROCESS TIME OF 60-120 DAYS
  • RESIDE IN ONE OF THE 41 STATES THAT CURRENTLY ALLOW CIVILIAN OWNERSHIP OF SILENCERS
  • DETERMINE WHETHER OR NOT YOUR STATE ALLOWS SILENCER OWNERSHIP

Silencers are legal but are regulated by federal law and on a state-by-state basis. The National Firearms Act (NFA) branch of the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) ultimately controls any transfers; this branch registers all silencers. Individuals, corporations, and trusts can legally purchase and possess silencers in 39 states. However, if you are an FFL dealer, manufacturer, peace officer, or member of a law enforcement agency or other government agency, there are additional states where you can own a silencer. Look at the map to see if you are eligible.

map
How to Purchase

How to Purchase

  1. Choose a product
  2. Locate an SOT holder or NFA dealer in your state. You can find a local dealer by visiting SilencerCo’s
  3. NFA transfers can take a significant amount of time to process and therefore tie up the dealer’s inventory. Because of this, once you choose a silencer, the dealer may require that you pay for the product in full or provide a deposit
  4. If the dealer has your silencer in stock, it will be separated from the rest of the inventory to ensure that you have a product serial number for your Form 4
  5. Once you have an assigned product serial number, the dealer will then give you two BATFE Form 4’s (5320.4) [Application for Tax Paid Transfer and Registration of Firearm] with the serial number and various details of the product entered in the appropriate section. If you are making this purchase as an individual, you will fill in both copies of the Form 4 as well as a BATFE Form 5330.20 Certification of Compliance (certification of US citizenship) with your personal information. If you are making this purchase through your Trust or LLC, fill in the name and address of your Trust or LLC; a Form 5330.20 will not be required.
    • At this point, if you are purchasing the silencer as an individual, you will need your local Chief Law Enforcement Officer (CLEO) to sign your Form 4. Most often, this is your local Sheriff, Chief of Police, or deputy/officer appointed by the CLEO to sign on their behalf. While at the police station, have two copies of finger print cards made – this will be needed when you mail in your Form 4. If you are purchasing the silencer through your Trust, you will not need the signature of your local Chief Law Enforcement Officer or fingerprint cards.
  6. Finally, send in the following items to the BATFE according to whether you a purchasing the silencer as an individual or through a Trust/LLC
    INDIVIDUAL:
    • CHECK OR MONEY ORDER MADE THE BUREAU OF ALCOHOL, FIREARMS AND EXPLOSIVES
    • BOTH COPIES OF THE COMPLETED TWO FINGERPRINT CARDS
    • TWO PASSPORT PHOTOS COMPLETED FORM 5330.20
    TRUST OR LLC:
    • CHECK OR MONEY ORDER MADE TO THE BUREAU OF ALCOHOL, FIREARMS AND EXPLOSIVES
    • BOTH COPIES OF THE COMPLETED FORM 4’S
    • A COPY OF YOUR TRUST OR LLC’S ARTICLES ON INCORPORATION
    * We recommend sending a check instead of a money order. When you see that the check has cleared, you’ll know that your paperwork has been received and is in process
  7. After your paperwork has been processed and approved, the BATFE will affix a stamp to one of the two Form 4 copies and return it to dealer through whom you purchased the silencer. The dealer will notify you when the paperwork arrives, and you’ll then be able to pick up your item.

If you do not live in a silencer-friendly state, visit the American Suppressor Association for a full list of ways you can help affect change in silencer legislation in your area.

Link to Trust

Link to Trust

Trust Lawyer

Michael W. Elliott
Attorney at Law

905 Front St.
Richmond, TX 77469

Board Certified
Texas Board of Legal Specialization
Criminal Law
Former Division Chief Prosecutor
Criminal, Family, & Real Estate Law

832-496-5000 (Voice)
281-238-8141 (Fax)
Mike@Elliottslaw.com (E-Mail)

NFA/Class III Weapons
Suppressors
Accessories
  • Silencerco
  • Advanced Armament Company
  • Gemtech
  • Griffin Armament
  • Yankee Hill Machine
  • Sig Sauer
  • Sure Fire
  • Radical Firearms
SBR
  • NEMO Arms
  • Radical Firearms
  • Sig Sauer
  • LWRCI