# owning or buying a silencer in GA??



## Jim Thompson

was having a discussion about this yesterday...buddy said he can buy one or own one.  I said no you cant.

whats the law here?


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## JW771

You can own one, you just have to pay the ATF tax on it.


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## Big M

It has to be a Class III buy


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## Jim Thompson

ok so its legal in GA?  guys, good info thanks.....although I lost the bet


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## edge

Well......it IS illegal not only in GA but in the whole US, unless you have the special class license.....which most folks don't have. So maybe you won the bet.....


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## Jim Thompson

he mentioned a class III license, so I still lose


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## DYI hunting

There is some big money involved between the cost of the silencer and the tax stamp.  Way too expensive to make it worth it IMO.

Plus, any supersonic round will still crack as it breaks the sound barrier.  Subsonic rounds are quieter, but not Hollywood quiet.


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## Razorback

In GA 
1.    Yes you can buy a suppressor,
2.    Yes you can own one,
3.    Yes you can even make your own,
. . . but . . .​
1.    You have to buy it from a Class III ATF licensed FFL dealer.
2.    You have to pay a $200 tax per each suppressor & every time it is sold the $200 has to be paid buy the buyer.
3.    If you make your own you will need to have your FFL, pay the $200 tax and fill the RIGHT form out correctly.

A suppressor will cool & slow down the expanding gasses once they exit the muzzle severely limiting the sound from the muzzle blast but a bullet going faster than the speed of sound (900 fps or faster IIRC ) will still break the sound barrier thus the "crack" will be heard.  That's why .45ACP, Subsonic 9mm & .22lr make for good suppressed pistols.

Wouldn't it be nice if suppressors were legal for hunting, sport shooting & plinking?  

linky to some info on how a suppressor works

http://www.straightdope.com/mailbag/msilencer.htm

http://science.howstuffworks.com/question112.htm

companies that sell them

http://www.advanced-armament.com/products/silencers.asp

http://www.impactguns.com/store/silencers.html

Razor


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## Climber

edge,
It is not illegal in GA to own a suppressor and you don't have to have a "special class license". You just have to submit the paperwork to the ATF and pay a $200 Tax for each suppressor that you buy. Here are a few of my (illegal according to edge) suppressors.
Suppressed Ruger 77/44





Suppressed Savage 10 .308




Suppressed Beretta 92 and Walther P22


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## rip18

DYI hunting said:


> Subsonic rounds are quieter, but not Hollywood quiet.



I strongly concur...  With the right round & supressor, they are QUIETER than Hollywood quiet...  Downright, SCARY quiet!!!  You can hear the trigger/firing pin snap & then the bullet hit the target 100 yards away.  This was with a fancy, German .308....  It was amazing!!!


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## NOYDB

Quit interfering with the thread with first hand, factual information. It ruins the ambience.....


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## WTM45

They can not be used for hunting.  Check the regs.

You can own them.  You have to apply for the tax stamp.
Criminal history can get you denied just like Class III firearms.


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## Just BB

NOYDB said:


> Quit interfering with the thread with first hand, factual information. It ruins the ambience.....


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## KingTiger

Nice cans Climber.  I just ordered a Marvel .22 conversion slide(with threaded barrel) for my Norinco 1911 frame and an AAC Aviator silencer from Polite Society.  Mark from P.S. is very helpful if you have any questions and their web site can answer alot of questions. One interesting note, at least as far as .22 silencers go - adding a silencer typically will cut your group size in half. I guess it sort of works like an inverse BOSS system. http://www.politesocietyinc.com/


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## THREEJAYS

Do you have to pay the$200. if it's a cough silencer


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## Climber

WTM45 said:


> They can not be used for hunting.  Check the regs.
> 
> You can own them.  You have to apply for the tax stamp.
> Criminal history can get you denied just like Class III firearms.



Bad criminal history can stop you from owning any firearm not just Class III.


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## Climber

THREEJAYS said:


> Do you have to pay the$200. if it's a cough silencer



Only if you put it on the end of your barrel


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## edge

What do I know? I'm not going to renew my FFL anyway....
All you "experts" have fun!!


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## WTM45

Climber said:


> Bad criminal history can stop you from owning any firearm not just Class III.



Correct.  But the request for purchase requires a BATF investigation and local LE approval.  More than just a NICS check.  Some states don't allow private ownership at all.
 
Good looking gear, Climber!


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## WTM45

edge said:


> What do I know? I'm not going to renew my FFL anyway....
> All you "experts" have fun!!



Do not let that FFL go!  It is getting very hard to obtain one!
Are you a Class III dealer as well?


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## Michael Lee

Some info from a friend of mine that is pretty knowledgable on this:

"First a little nomenclature: suppressors aren't silencers.  They're called suppressors, or cans, since they suppress the sound of a gun but they don't silence the sound of a gun (with a few exceptions).  Any gun with a supersonic bullet can't be silenced - and only Hollywood calls them silencers.  Suppressors are subject to regulation by the National Firearms Act of 1934, or "NFA" for short.  They are NFA items.

Anyway, there's the cost of the suppressor itself, a $200 tax (not a license, not a fee, a tax) to the ATF, and sometimes a dealer transfer fee of $50-$100 depending on where you buy the can.  Generally if you buy from a stocking dealer there's no transfer fee, even if the dealer special orders from the manufacturer, but if you purchase over the Internet or from an out of state dealer there'll be a charge to process the Form 4.  The paperwork required is ATF Form 4, "Tax Paid Transfer of an NFA Firearm" or something like that.  You can find forms on http://www.titleii.com.

There are 2 primary ways to purchase a suppressor: as an individual or as a corporation.  The first is as an individual, which requires a photo, fingerprints, and an FBI background check for approval.  The individual approach also requires signature of a "CLEO," or chief law enforcement officer, in your local area - can be city, county, etc.   Generally the CLEO is the county sheriff, but since the definition of CLEO isn't clearly articulated in applicable laws & regulations, ATF has been known to accept signatures from Federal judges, state judges, FBI SAICs, or others.  In addition, many sheriffs are more political appointees than law enforcement officers and are unwilling to sign these forms.  Many times, thought not always, these signoffs are used as political favors to buddies of the sheriff (e.g. a sheriff may sign for friends but not for anyone else in the county).  This can be problematic, and is often the most significant stumbling block to purchasing a can.  If purchased by an individual, the can can only be in the possession of the person to whom it was transferred - nobobdy else.  If someone other than the person two whom it was transferred has possession of the can,then that person is guilty of a felony.  There are provisions in the NFA for legal temporary storage of NFA items by individuals.

The second is as a corporation, in which the suppressor is purchased by the corporation and becomes a corporate asset - and therefore can only be possessed by corporate officers and directors.  This is the route I took.  With this route there's no photo, fingerprint, background check, or CLEO signature requirement.  For this approach you need to have a corporation.  It can be either a C corp or an S corp, and there are folks out there using LLCs and trusts also.  There isn't a lot of precedent in terms of the ATF "accepting" LLCs and trusts, so I went with the C corp (what you'd think of as a "normal" corporation) since C corporations have been and will always be considered "real" corporations.  The benefit of going the corporate route is no photo, fingerprint, background check, or CLEO, but there are drawbacks too.  First you have the cost of incorporating in your state of residence and then (typically) an annual filing fee and an annual report. The corporation is also subject to typical corporate resolution requirements (to keep the corporate veil in place) such as annual meetings, a Board of Directors, executive officers, etc.  In addition, if a suppressor is owned by a corporation, then if for any reason your personal assets are at risk (bankruptcy, etc.), the corporate assets are legally isolated.  If possessed by anyone other than an authorized corporate officer or director, then the possessing party is guilty of a felony.  There are provisions in the NFA for legal temporary storage of NFA items by corporations.  Corporations are not as much trouble as they sound like they'd be.

It's generally a good idea to carry a copy of the approved Form 4 with the can at all times in case you get stopped by a police officer.  If you want to transport a can across state lines, irrespective of whether it's owned by a corp or by an individual, there is technically no ATF approval required.  However, since most police officers don't know the ins and outs of the NFA, I get approval."

ML


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