Can Police Use Suppressors?

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Yes, law enforcement officers can use suppressors in the United States, as 42 out of 50 states allow their law-abiding citizens and law enforcement officers to purchase and use suppressors after completing the necessary application, including a thorough background check and fingerprinting, and paying the required fees. The use of suppressors by police is regulated by the National Firearms Act (NFA), which requires a tax stamp for the purchase and ownership of suppressors and other NFA items.

FAQs About Police Using Suppressors

General Information

1. Do police need a tax stamp for a suppressor?: Yes, police need a tax stamp for a suppressor, as it is required by the NFA for the purchase and ownership of suppressors and other NFA items.
2. Is a homemade suppressor illegal?: Yes, possession of a homemade suppressor is a felony offense in many states, including California, and can result in imprisonment and fines.
3. Can a suppressor be used across state lines?: Yes, suppressors can be used across state lines, but it is essential to check the laws of each state regarding suppressor ownership and use.

Ownership and Use

4. Can I let my friend shoot my suppressor?: No, if you filed your suppressor application as an individual, you cannot lend your suppressor to anyone who is not physically present and under your direct supervision.
5. Do I need to notify the ATF if I move with a suppressor?: No, you don’t need to notify the ATF about your move if all you own is a silencer, as this requirement only applies to machine guns, destructive devices, AOWs, SBRs, and SBSs.
6. What disqualifies you from owning a suppressor?: The basic requirements for owning a suppressor include being at least 21 years old, living in a state that allows ownership, and not having any felony convictions.

Law Enforcement and Suppressors

7. Can a cop ask to see my tax stamp?: Yes, a local or state law enforcement officer would have the right to ask to see the approved tax stamp, and failure to provide it would be evidence of a violation of state law.
8. Can the ATF search my home if I own a SBR?: No, just because you purchase a silencer, the ATF or other law enforcement agencies may not enter your home unless accompanied by a warrant signed by a judge and issued with probable cause.
9. Who can ask to see an ATF tax stamp?: Any ATF agent has the authority to ask to see your approved tax stamp, as stated in 26 U.S.C. § 5841(e).

Suppressors and the Law

10. Is owning a suppressor a felony?: Possession of a silencer is a felony offense in some states, including California, and can result in imprisonment and fines.
11. What states are not suppressor friendly?: The eight states that currently do not allow individuals to own suppressors are California, Delaware, District of Columbia, Hawaii, Illinois, Massachusetts, New York, New Jersey, and Rhode Island.
12. What rights do I give up when I buy a suppressor?: No, buying a suppressor does not require a Class 3 license, and you do not give up any rights, as the ATF can only search a dealer’s premises with a warrant.

Purchasing and Transferring Suppressors

13. Can I buy a suppressor without a tax stamp?: No, you absolutely need a tax stamp to own a suppressor, machine gun, short barrel rifle, or short barrel shotgun.
14. How long does it take to get approved by the ATF for a suppressor?: The current wait time for ATF approval is approximately 8-9 months, depending on the process you choose and your state of residence.
15. What happens to a suppressor when someone dies?: After your death, there can be a free transfer to the beneficiary of the silencer, who will need to fill out similar paperwork and submit it for a background check.