Gun Muffler (Silencer/Suppressor) Status Map of the United States

Gun Watch ^ | 13 June, 2016 | Dean Weingarten

[marktwain]

Map at American Suppressor Association

Many American gun owners and shooters do not know that it is legal to own and use silencers, suppressors, or perhaps the most descriptive term gun mufflers, in the United States.  There are only a handful of states that cling to the antiquated notion the suppressors should be banned because ... guns....  There is no logical or rational argument to be made for that position, but it persists.

The states where suppressors are banned are the same tiny minority that persist with unreasonable and likely unconstitutional restrictions on the ownership and carry of firearms for personal protection.  Silencers are more suited to hunting and target practice.  The map shows that irrational hatred of firearms is what is driving the legislation. 

The eight states that still ban gun mufflers for non-government agents are: California, Delaware, Hawaii, Illinois, Massachusetts, New Jersey, New York, and Rhoad Island.  All but one, Illinois, have highly restrictive "may issue" concealed carry regulations, and Illinois only adopted a "shall issue" law after loosing a legal fight in the federal circuit court.

While the map does not show it, New Hampshire recently changed their law to restore the right to hunt with suppressors, making 40 states where hunting with suppressors is legal.

The reasons for legal gun muffler ownership are so obvious, that passing legislation is mostly a task of educating the legislators.  This is not always and easy task, but it is straight forward.  In the recent bill in New Hampshire, the legislature listed these findings of fact. From bill HB 500:

2 Findings. The legislature finds that:

I. Firearm suppressors lessen the report of a firearm by approximately 30 decibels, thereby allowing hunters to more fully enjoy and participate in the sport.

II. Hunting with sound suppressors will help to lessen the hearing damage many hunters suffer from.

III. Hunting with a sound suppressor allows new, inexperienced hunters to hunt without ear plugs or ear muffs enabling them to hear important instructions from their mentors (parents, grandparents, or other responsible adults) who are hunting with them.

IV. Suppressors decrease the chance of asymmetrical hearing loss or shooters ear.

V. Hunting with suppressors lessens the ambient noise heard by neighbors who may be on adjoining property where hunting is taking place. While it does reduce the noise level of a firearm, the firearm is still loud enough so that a neighbor will know someone is shooting.

VI. In the 34 states that allow some form of hunting with suppressors not a single state has moved to repeal this practice. It makes for safer shooting and better neighbors.

VII. Firearm suppressors are heavily regulated by the federal government, which requires a $200 tax be paid, a background check conducted, fingerprints be given, sign off by a local chief law enforcement officer, and approximately a 9-month wait to get the paperwork completed before taking possession of a suppressor. This virtually guarantees that abuses with legally owned suppressors are extremely rare.

 Once legislators are made aware of these facts, legislation removing burdensome bans on silencers and hunting with silencers often passes both houses with bipartisan support at 90%.  It is hard to get 90% support for anything. 

Illinois appears the next state that is likely to remove its antiquated ban on gun mufflers.  The House passed the bill, but the legislature adjourned before the Senate voted on it.  There is still a chance for the Senate to vote, as the legislature will need to reconvene for a summer Session.  The NRA-ILA has a handy system to take action if you are so inclined.

©2016 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Link to Gun Watch

[OldNewYork]

Thanks for the map. Looks like the usual suspects.

[wastoute]

The stamp is not transferable. If you sell a silencer the buyer has to buy his own stamp.

[DCBryan1]

You are Quibbling. Let’s compare FFL/SOTs? FBI only does fingerprints. Form 1/3/4 sit at Nikki Dudashs desk at NFA Martinsburg, WV until prints clear. NFA branch approves. I’ve met most of the NFA branch....even testified for AND against them. Have you? Almost Title 2 items are always transferable less 18 USC 922(o) items and state law prohibitions. Actual talking about tax stamps......geez ...

[wastoute]

You clearly know more about it than I. IMHO, there should not even be a stamp. Throwback to Harry Anslinger and the days when pot was legal but required a similar $200 per oz. stamp (Timothy Leary?). In 1934 $200 was the precise figure folks could not afford. It was purposefully a prohibitive tax. A government of the people has no place for prohibitive taxes. It should have been killed in the cradle but like the phone tax it lasted far too long ( remember the phone tax that was supposed to pay for the Spanish American War, the tax lasted something like 100 years the war much less.