Pennsylvania Law for Silencers
Currently, silencers/suppressors are legal to purchase and own in the state of Pennsylvania under federal law. The state of Pennsylvania has made no laws or amendments to existing laws in regard to silencers. Due to the lack of state limitations, federal law also applies. At the moment, 18 U.S.C. Section 922(a)(4) still makes it illegal for anyone who is under indictment, has been convicted of a felony even if expunged or not yet sentenced, has been dishonorably discharged from the armed forces, has misappropriated explosives, etc. to own or possess a silencer. Additionally, Title II of the National Firearms Act dictates that federally regulated firearms, which include silencers, must be properly registered. Any suppressors purchased prior to October 22, 2012 require a payment of a $200 excise tax and also requires the submission of an application form and fingerprint cards to be sent to the ATF for a background check.
Recently, on August 22, 2013, Representative Chris Dush introduced HB 1075 to the Pennsylvania legislature. This bill would eliminate the "silencer" section of the definition of "firearm silencer or suppressor" for PA firearms laws. If passed, this bill would make it legal in PA to own, possess and purchase silencers in the state. By virtue of having its own defined meaning of "firearm silencer or suppressor , " this bill would remove the vagueness created by the National Firearms Act.
To reconcile the seemingly conflicting legally defined meanings of "firearm silencer or suppressor," look at the following example: Let’s say Legislative HB 1075 passes, and becomes PA law. Thus, according to PA law it would be legal to own and purchase a silencer. A couple of months later, you go to a local gun shop and buy a suppressor. As part of the sale, you are informed that the NFA requires registration and that you must pay a $200 stamp tax. In order to register the suppressor, the dealer provides you with the proper submission forms, and informs you that you must contact the ATF to register your new suppressor. You do so, and during the registration process the ATF informs you that because of federal law, it is illegal for you to purchase the silencer unless you were an individual that qualified under 18 U.S.C. Section 922(a)(4) (indictments, felonies, dishonorable discharges, etc.).
This hypothetical demonstrates that while HB 1075 may become law at the state level, people who wish to have a suppressor must keep in mind that they are ultimately still subject to federal laws, which prohibits them from owning a suppressor if they have a certain conviction history.
Federal As Opposed to State Restrictions
Federal law primarily governs the legality of silencers across the country, making federal law the main guidance used to determine the legality of a silencer in Pennsylvania. The federal regulations require that silencers be registered in the National Firearms Registry and a tax stamp from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) be acquired at a cost of $200. This transfer and registration process occurs at the federal level.
However, there is no special permit requirement to own a silencer in Pennsylvania and the state does not impose additional regulations above the federal minimum. Pennsylvaniathe does not differentiate between "handguns, rifles, shotguns, and silencers" for the purpose of ownership and possession. There may be some local or county ordinances that further restrict the use of suppressors in limited areas such as parks; however, the general requirements are fully stated in the applicable federal law.
As of the beginning of 2016, there were approximately 350,000 suppressors legally owned and registered in the U.S.; the suppressor market continues to gain popularity.
The Procedure To Obtain a PA Silencer
Purchasing a $5 tax stamp and a silencer is a very easy task. Visit a local gun shop, pay your money, and you’re good to go, right? Not quite. Most gun rights activists don’t have a clear understanding of the processes behind purchasing a firearm let alone silencers. In fact, many people believe Pennsylvania requires a state permit for the purchase of a firearm. In actuality, this is not the case. This is true for silencers as well.
Pennsylvania does not require a state purchase permit to buy a silencer. In fact, silencer legislation is governed solely by federal law. As of May 8, 2013 there were only 1,578 total trust owners, Company/FIdos, and Responsible Persons combined in Pennsylvania. There’s no real reason this number isn’t much higher unless the "walk-in" dealers aren’t conducting the transfers properly according to the law. It’s unknown whether or not they have stopped filing their returns, but there is a possibility that they are. FT 5120.16 and BATFE If you want to buy a silencer, you need to complete the (582) application at your local sheriff’s department. You must qualify with the silencer you want to purchase, file the sheriff’s certification of your qualification, get fingerprinted, get your fingerprints processed at the local police department, get a passport photo, get a money order for $200, and send everything into the BATFE. Then you wait until you have a background check. After about 4, 6, or 8 months the BATFE will return your forms which will have a tax sticker attached. With this sticker, you can go back to your firearms dealer and take possession of the silencer you originally ordered. The waiting is the hardest part. There’s not much you can do about it except wait. One can speed up the process by using a trust, but even an individual (or company) Department of Defense employee often encounters a 6-8 month wait. Once the BATFE has processed your paperwork, they will send you a tax stamp in the mail. When you receive your tax stamp, you may give the appropriate firearms dealer the necessary papers and bring your suppressor home with you.
The Penalty for Illegally Possessing a Silencer
Failure to obtain a legal silencer in Pennsylvania is a crime that can be charged as a felony and carries stiff penalties. If you have been charged with violating Pennsylvania laws on silencer possession, invoke your 5th Amendment right to remain silent. Invoke your 6th Amendment right to speak to a highly knowledgeable criminal defense lawyer immediately. Upgrading the penalty from a misdemeanor to a felony occurs when you commit the silencer crime while in the company of other people or you sell, give, or expose the silencer to another person.
A conviction for a misdemeanor silencer charge includes the possibility of 2 years probation and/or $5,000 in fines . A conviction for a felony silencer charge includes the possibility of 7 years in prison and/or a $15,000 fine.
Liberal use of silencers creates danger for people where gunshots are prohibited. Sound suppressors and hearing protection products are generally not accepted as legally permissible at indoor shooting ranges. If you still wish to use your silencer at your local gun range, ask to see the rules and regulations before you shoot. You might even bring your own form signed by you and your attorney, or print a generic form directly from the internet stating that everyone present consents to use of your silencer. That might pass the muster at the particular gun range you frequent.
Advantages of Using a Silencer Legally
The benefits of using a silencer can be different for every gun owner. The most obvious advantage when using one is the reduction of noise output that is produced by firing a firearm. Incredibly loud sounds can cause permanent hearing damage. Silencers are not 100 percent noise mufflers, but they do bring the decibel level down substantially.
Many people assume that using a silencer is like wearing earplugs for protection. These are two completely different tools. Unlike earplugs, silencer use will not provide complete protection but there are still many benefits to using them. Certain kinds of suppressors also help reduce felt recoil and clean up the muzzle blast by capturing excess gases. This will keep the muzzle clear and bright.
Hearing protection should be worn when using a firearm at all times, even when using a silencer. Guns generate sound waves that travel throughout the air and can reach permanent damage levels at the ear. The absorbing properties in earplugs and earmuffs will cause them to perform better than a silencer at reducing decibel levels.
Correctly mounting a silencer on a gun will make it easier to shoot better shots with more accuracy. Many inexperienced shooters fire full magazines or boxes of ammunition without properly resting their gun, taking more shots than necessary with poor accuracy. By attaching a silencer, it will weigh down the barrel allowing more steadiness of aim which results in fewer missed shots. It will also keep the barrel cooler by catching the gases and eliminate the issues with a hot barrel that some shooters face which can affect accuracy.
Wheel and Metro type silencers also have a wide range of internal baffles which help reduce recoil by expanding the gasses without any need to block the bore. Any experienced shooter knows that when gasses are allowed to leave the bore too soon, they will disrupt the bullets exit. Recoil will affect the bullets trajectory making it harder to land consistent shots. Great help for new target shooters.
Legal Misperceptions regarding Silencers
With the skyrocketing interest in the purchase of suppressors, not only to be used here in Pennsylvania, but also for hunting and sport shooting across the country, it has become inevitable that more and more people view suppressors, or as some call them, silencers, and their purchasers as potential outlaws. The furor that has been raised in the press against the now sunset requirement that all owners of suppressors were required to pay a $200.00 tax and submit fingerprints as part of their application, has only inflamed the situation. That requirement was in place when the suppressor was regulated as a Title II weapon. But when the Department of Justice removed the silencer/suppressor from the Title II weapon listing and returned it to the mainstream of heavy sporting equipment, no further taxation should have been required. It’s back to just being another piece of recreation gear.
The amount of misinformation and just outright disconnect with reality can only be explained by the fact that the press generally don’t even bother to check facts in reporting most issues. Such is the case with the silencer controversy. The amount of misinformation being circulated about suppressors and their supposed use for outlaw and criminal purposes is enormous. The following is a partial list of what some folks believe is the truth and the facts as we know them. See if you recognize any of these misconceptions and if you do, ask yourself where you got your information.
- Suppressors are used by criminals and terrorists because they permit the illegal use of weapons with relative impunity. Fact: 90% of the uses of suppressors have been for hunting and sport shooting not only in this country, but throughout the world.
- Suppressors are used on pistols, especially at close range , to permit the commission of murder with stealth. Fact: This absolutely does not happen. Bullets already suppress themselves to a large degree once they leave the barrel. The use of a suppressor would have little or no effect in concealing the sound of a handgun being fired in either an outdoor range or on the street.
- Suppressors are used in cities to silence weapons illegally in order to kill without detection by police or neighbors. Fact: Suppressors work where sound barriers or natural topography exist to suppress the sound from the firing of a weapon. It couldn’t be done in the open in most cities. A felon would have to be a total fool to try it.
- Suppressors make it possible for owners to commit gun crimes, especially involving assassination and terrorism. Fact: Again, if the suppressor did what some think it does, it could be done. But it doesn’t particularly suppress the sound of the gun, so why bother?
- Suppressors make it possible to engage in poaching of game. Fact: This was a problem. But today, game officials are aware that the major suppressors are easily recognizable, particularly with the recent camera phone on the typical game warden’s chest. Could it happen? Sure. But the modern game warden is aware of the round, not the suppressor.
- The increased hunter use of suppressors has resulted in an increase in game populations, so it will need to be banned. Fact: This was the complaint about crossbows. It simply has not happened. The game populations are down because of habitat destruction not because of regular crossbows. Suppressors don’t help hunt wild boar. They enable folks to hunt deer where there is no light available for 80K-$100K rifles.
- Suppressors aren’t quiet. Don’t fall for the line that they simply make shooting quieter no more than a muffler does. Fact: A suppressor does more than just quiet the exhaust. It permits shooter to look at the scope instead of the sky when he fires the rifle.
The point should be obvious: most folks consider the suppressor a title II weapon. This is based upon the concept that it does something to the projectile that reduces its ability in the air. It doesn’t. This is the same reason that the left complains about the AR-15. This is simply not true.