Suppressors have become a hot topic in the world of firearms. Whether you’re a hunter, competitive shooter, or someone who simply enjoys the sport of shooting, suppressors offer several benefits—like reducing noise, improving accuracy, and minimizing recoil. But before you can legally own one, there are a series of legal checks that must be met. This article will help you navigate the legal minefield and understand what disqualifies someone from owning a suppressor.
What Are Suppressors and Why Are They So Heavily Regulated?
A suppressor, often mistakenly referred to as a “silencer,” is a firearm accessory designed to reduce the noise produced by a gunshot. While they do not silence the gun completely, they significantly decrease the sound, making shooting less disruptive. In fact, a suppressor can reduce the noise by as much as 30 decibels, which is equivalent to muffling the sound of a lawnmower.
Despite their popularity in movies and media, suppressors are heavily regulated under the National Firearms Act (NFA). Why? Well, because while they can be useful tools, they have the potential to be used in ways that raise public safety concerns. That’s why it’s important to understand the legal limitations surrounding suppressor ownership.
Who Can Own a Suppressor? Legal Barriers You Need to Know
So, who can actually own a suppressor? Not everyone. The legal eligibility is influenced by your criminal history, mental health status, immigration status, and more. Let’s break down the specific reasons someone may be disqualified from owning a suppressor.
1. Felony Convictions and Suppressor Ownership
One of the most common disqualifications for owning a suppressor is a felony conviction. If you’ve been convicted of a felony, you are prohibited from owning any firearms or firearm accessories, including suppressors. It doesn’t matter if the felony wasn’t related to firearms—if you have a felony conviction on your record, you’re out of luck.
Here’s an interesting fact: according to the ATF (Bureau of Alcohol, Tobacco, Firearms, and Explosives), felons make up a large percentage of those who attempt to illegally obtain firearms or suppressors. This is why the law takes such a strong stance against convicted felons owning suppressors.
2. Mental Health Disqualifications
Federal law also prohibits anyone who has been declared mentally defective or involuntarily committed to a mental institution from owning a suppressor. This law is in place to ensure that individuals who may not be mentally capable of responsibly handling firearms are kept from owning such potentially dangerous accessories.
What does “mentally defective” mean, though? It generally refers to individuals who have been judged as lacking the mental capacity to make sound decisions or manage their affairs, which could make them a risk if they have access to firearms.
3. Domestic Violence and Protection Orders
Did you know that domestic violence can also disqualify someone from owning a suppressor? If you’ve been convicted of a misdemeanor involving domestic violence, or if you have a restraining order placed against you due to domestic abuse, you cannot legally own a suppressor.
This law was designed to protect victims and prevent firearms from being used in situations of violence or control. Studies have shown that domestic violence offenders are much more likely to commit further violent crimes if they have access to firearms, which is why this law is so strict.
4. Citizenship and Immigration Status
Another important disqualification is related to citizenship. In the United States, only U.S. citizens or legal permanent residents are eligible to own a suppressor. Non-citizens, especially those without legal immigration status, are not allowed to possess firearms or suppressors.
What about green card holders or legal immigrants? Well, they may be eligible, but they must meet all other legal requirements, including passing the necessary background checks. Even certain visa holders may be restricted, depending on their legal standing.
What Happens If You Don’t Meet the Requirements?
If you don’t meet the legal requirements for owning a suppressor, you’re likely to face serious consequences. If caught trying to purchase a suppressor without the proper qualifications, you can face criminal charges, hefty fines, and even imprisonment.
The ATF and local law enforcement agencies are vigilant about tracking suppressor ownership, especially since many individuals who are disqualified still try to acquire them. If your suppressor application is rejected because you don’t meet the criteria, you’ll likely receive a formal notice from the ATF. In some cases, you might be able to appeal the decision, but this is a time-consuming and complex process that may not end in your favor.
Can You Restore Your Rights to Own a Suppressor?
It’s not all lost if you’ve been disqualified from owning a suppressor. In some cases, you may be able to restore your rights. Here’s how:
- Felony Convictions: If you’ve served your time and completed all conditions of your sentence, you may be able to restore your rights to own a suppressor through a pardon or expungement. This process can be lengthy and depends on the state laws and the nature of your conviction.
- Mental Health Issues: If you’ve been involuntarily committed or declared mentally defective, you may be able to petition the courts to restore your rights once your mental health status improves.
However, these processes are far from guaranteed. It’s important to consult a legal professional who specializes in firearms law to guide you through the process.
How to Legally Own a Suppressor
If you meet all the legal requirements and are eager to own a suppressor, here’s the process:
- Find a Licensed Dealer: First, you must locate a Federal Firearms License (FFL) dealer who is authorized to sell suppressors.
- Fill Out the Paperwork: This includes filling out an ATF Form 4 and submitting to a thorough background check, fingerprinting, and paying the $200 tax stamp fee.
- Wait for Approval: The ATF typically takes several months (often 6-9 months) to process your application and approve it.
- Receive Your Suppressor: Once approved, you’ll receive your suppressor, and you can legally use it according to federal and state laws.
Conclusion: Is Owning a Suppressor Worth It?
Owning a suppressor can significantly enhance your shooting experience. However, it’s not as simple as just walking into a store and making a purchase. The laws surrounding suppressors are strict for a reason—they help ensure public safety and regulate the ownership of potentially dangerous accessories.
Before applying for a suppressor, it’s essential to understand what disqualifies you. Whether it’s a felony conviction, a history of mental health issues, or a domestic violence charge, there are several legal barriers that could prevent you from obtaining one. But, if you qualify, owning a suppressor can be a rewarding experience that enhances both your shooting accuracy and hearing protection.
So, if you’re thinking of adding a suppressor to your collection, make sure you meet all the legal requirements. Don’t skip the paperwork—understanding the law will help you stay safe and legal while enjoying your suppressor.