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Thread: Suppressor Legal Questions

  1. #1
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    Suppressor Legal Questions

    Howdy,

    I spoke with local gun shop that employs a local LEO. He couldn't give me sure answer to this:

    IF I buy a suppressor and pay for the tax stamp does that complicate transporting inter state? I know mods like making a pistol an SBR will which is what got me thinking.

    I figured since you can leave it behind rather easily it shouldn't be too complicated. The local LEO suggested IF I happened to get in some jack pot where the gun was looked at critically and ran through a data base it may get flagged but he seemed to think short of getting in a shooting very unlikely.

    I've never modded a firearm like this so wonder if there is an actual stamp that is applied that could be scanned or is it simply the serial number that carries the mod information? Or is it the suppressor that gets the tax stamp? Or does the suppressor and firearm become one entity and not transferrable to another firearm? These just occurred to me!

    Thanks,

    W

  2. #2
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    I am no expert, but in my understanding, ........


    Deleted as I was obviously wrong.
    Last edited by Nocaster; 09-18-20 at 08:30.

  3. #3
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    Smile

    It's like chess.

    Suppressors can freely cross state lines with you, but SBRs cannot without an approved form 20.

    The gun or guns that the suppressor might be attached to do not change legal status just because the suppressor could be attached.

    They're still just regular guns that you could for example temporarily loan to a friend.

    The suppressor is special firearm and generally cannot be loaned out to anyone.
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    So basically the suppressor gets the tax stamp and is free to move among compatible firearms? And then subject to local laws? That makes most sense to me.

    I was thinking perhaps it's "mated" with a firearm and for use for that specific firearm alone. But being an accessory that makes less sense.

    I knew that about SBR and nixed getting that option quick since I travel.

    Thanks!

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    Regarding the SBR -
    - When configured as an SBR, you must apply for and receive permission from the BATF to take it out of its home state.
    - When configured as a standard rifle (with a barrel of 16 inches or greater) or as a pistol (no buttstock) it's legal to take out of its home state without permission from the BATF. However, its not legal to configure it as an SBR until it's back in its home state.
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  6. #6
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    As stated:
    Silencers are free to move across state Lines.
    The silencer is dealt with separately from rifle/pistol.

    The atf has your tax info and serial number of the silencer. If there is any question to the legality, your paperwork proves it, as well as atf records.

    This should be in the nfa sub-forum.
    Last edited by MegademiC; 09-18-20 at 07:55.

  7. #7
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    oops...double tap
    Last edited by corey4; 09-18-20 at 16:18.

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    Quote Originally Posted by MistWolf View Post
    Regarding the SBR -
    - When configured as an SBR, you must apply for and receive permission from the BATF to take it out of its home state.
    - When configured as a standard rifle (with a barrel of 16 inches or greater) or as a pistol (no buttstock) it's legal to take out of its home state without permission from the BATF. However, its not legal to configure it as an SBR until it's back in its home state.
    you can't "unSBR" an SBR by putting a longer barrel on it and take it out of state or by putting on a brace instead of a stock. it's still registered as an SBR lower until it's destroyed or taken out of the registry, then it becomes a rifle lower. if you take it out of the registry, then you can't magically say i want ti to be an SBR again unless you pay the $200 and wait again. you can't loan out the lower to anyone not on your trust because it's still an SBR. it's like saying, "my serialized tube that i paid $200 for permission to have isn't a suppressor anymore because i took the baffles out".

  9. #9
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    Quote Originally Posted by corey4 View Post
    you can't "unSBR" an SBR by putting a longer barrel on it and take it out of state or by putting on a brace instead of a stock. it's still registered as an SBR lower until it's destroyed or taken out of the registry, then it becomes a rifle lower. if you take it out of the registry, then you can't magically say i want ti to be an SBR again unless you pay the $200 and wait again. you can't loan out the lower to anyone not on your trust because it's still an SBR. it's like saying, "my serialized tube that i paid $200 for permission to have isn't a suppressor anymore because i took the baffles out".
    Unless youíre talking about factory rifles that didnít start as pistols, this guy at the ATF disagrees.




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  10. #10
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    Quote Originally Posted by corey4 View Post
    you can't "unSBR" an SBR by putting a longer barrel on it and take it out of state or by putting on a brace instead of a stock. it's still registered as an SBR lower until it's destroyed or taken out of the registry, then it becomes a rifle lower. if you take it out of the registry, then you can't magically say i want ti to be an SBR again unless you pay the $200 and wait again. you can't loan out the lower to anyone not on your trust because it's still an SBR. it's like saying, "my serialized tube that i paid $200 for permission to have isn't a suppressor anymore because i took the baffles out".
    See Wake27's post. It's only an NFA item when configured as an NFA item.

    A factory form 4 SBR is the only one that cannot be turned back into a title 1 firearm without removing it from the registry since it didn't start life as a title 1 firearm.

    A 16" rifle that was SBR'd can be turned back into a title 1 by simply putting the 16" upper back on it. No need to notify unless it's a permanent change.

    A SBR that started out as a pistol and SBR'd can go back to being a pistol by removing the stock, then back to being an SBR. No need to notify for this.

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