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How can I own NFA items?
Mark J. Kuczka   06/14/2011

A lot of people are unsure how to go about purchasing a silencer or other NFA item. Hopefully, this page will help explain the process. If you still have questions, please let us know so we can help you and update this page.

Are silencers legal?
Silencers have never been illegal at the federal level. There are, however, a few states that ban or restrict silencer ownership and/or use. Silencers have been regulated since the 1934 NFA National Firearms Act was passed and the NFA placed a $200 tax on the transfer of silencers and machine guns. Just think how much $200 could buy in 1934. You don't think us ordinary folks were being priced out of ownership, do ya?

Currently, these states allow private ownership of silencers:

Of the states that do not allow civilian ownership, CA, IA, KS, MA, and MO allow Class 3 dealers and Class two manufacturers to possess silencers.

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.




Buying a silencer from an out of state dealer


Transfers to individuals

Transfers to corporations


A good thing about corporate NFA ownership is that any authorized corporate officer can possess the NFA item. So, if a couple brothers owned the corporation they could effectively share the silencer. For an individually owned silencer, the owner must be present when the silencer is being used.

Transfers to Trusts


What is a Form 3?

What is a Form 4?
The Form 4 is the transfer form used to transfer an NFA item from a seller to an individual, corporation or Trust. The form contains information about the NFA item (such as a description of the item, serial number, manufacturer, etc.), information about the seller and information about the buyer. On the back of the form are some questions very similar to the questions found on a 4473 form used to transfer a firearm to a buyer.



Make copies of the Form 4

Keep the original copy of your Form 4 in a safe place.

One of the AO guys insists NFA forms be stored in a safe deposit box. If your gun safe is subjected to heat, the documents inside will dehydrate and crumble when touched. Better safe-deposited than sorry!

CLEO signature


Who is this CLEO anyway?
Chief of Police
Head of State Police Agency
District Attorney
A judge with the power of arrest

CLEO won't sign! Now what?
The most common obstacle to purchasing a silencer is the CLEO signature. Some local CLEOs just don't want to sign those Form 4s for whatever reason. Many of the guys who won't sign think they are accepting some liability for future use of that silencer. We even run across a few CLEOs who just don't think us ordinary citizens should own machine guns and silencers. Bottom line, if your CLEO won't play ball, have no fear. You can always have the silencer transferred to a Revocable Living Trust.

Closing thoughts
Still confused? Seems too easy? Yes, your first experience buying an NFA item can seem a little intimidating. But it really isn't a big deal. Contact us and well be glad to answer any questions you have and can help you through the entire process.