Suppressors, often called silencers, are a legal item for gun owners in many parts of the U.S. However, there are some disqualifications that can prevent people from legally owning one. Whether due to criminal history, mental health issues, or even immigration status, it’s important to know what rules apply before buying a suppressor.
In this guide, we will walk you through everything you need to know about who can’t own a suppressor and why. By the end, you’ll be aware of the legal requirements, disqualifying factors, and what the consequences could be for not following the law.
Legal Requirements to Own a Suppressor
What are the legal requirements to own a suppressor?
To legally own a suppressor, you must meet certain requirements set by the National Firearms Act (NFA). These include:
- Being at least 21 years old.
- Passing a background check through the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
- Paying a tax stamp fee for the suppressor, which is typically $200.
Table: Basic Legal Requirements for Suppressor Ownership
Requirement | Details |
Age Requirement | Must be 21 or older. |
Background Check | Must pass a federal background check with the ATF. |
Tax Stamp | A one-time $200 fee to the ATF for each suppressor purchase. |
Legal Status | Must be a U.S. citizen or legal resident. |
Disqualifying Factors for Suppressor Ownership
What factors prevent you from legally owning a suppressor?
So what disqualifies you from owning a suppressor? There are certain factors that could disqualify someone from owning a suppressor. These include criminal convictions, certain mental health conditions, and immigration status.
Table: Disqualifying Factors
Disqualifying Factor | Details |
Felony Convictions | Anyone convicted of a felony is typically prohibited. |
Mental Health Issues | People deemed mentally incompetent or involuntarily committed. |
Restraining Orders | Those with active restraining orders may be disqualified. |
Who is prohibited from owning a suppressor?
In general, people who have felony convictions or have been committed involuntarily to a mental institution cannot own a suppressor. This includes:
- Felons who have been convicted of crimes punishable by over one year in prison.
- Individuals who are under restraining orders or have been convicted of domestic violence.
Criminal History and Suppressor Ownership
What crimes disqualify you from owning a suppressor?
Criminal convictions are one of the most common reasons someone may not be able to own a suppressor. If you’ve been convicted of a felony or certain misdemeanors, you may be prohibited from purchasing a suppressor.
Can a felon own a suppressor?
No, felons are typically prohibited from owning suppressors. If you’ve been convicted of a crime punishable by more than one year in prison, you’re disqualified under the Gun Control Act of 1968.
Table: Criminal History and Suppressor Ownership
Criminal History | Disqualification Details |
Felony Convictions | Disqualifies ownership of suppressors. |
Domestic Violence Convictions | Prevents ownership of firearms and suppressors. |
Restraining Orders | Active orders may disqualify you from owning a suppressor. |
How does a felony conviction affect suppressor ownership?
If you’re a felon, the law will prevent you from purchasing a suppressor. Even after serving time, you may need to go through a restoration of rights process to regain eligibility.
Mental Health and Suppressor Ownership
What mental health conditions prevent suppressor ownership?
Certain mental health conditions, particularly those that involve involuntary commitment, can disqualify you from owning a suppressor. If you’ve been involuntarily committed to a mental health facility or declared mentally incompetent by a court, you’re likely disqualified.
Table: Mental Health and Suppressor Ownership
Mental Health Condition | Details |
Involuntary Commitment | Prevents ownership of suppressors and firearms. |
Court-Declared Incompetence | Disqualifies individuals from purchasing firearms or suppressors. |
Are there health-related disqualifications for suppressor ownership?
Yes, people with mental health issues, such as being found mentally incompetent, cannot legally own suppressors. If you’ve been involuntarily committed or declared a danger to yourself or others, you’ll be prohibited from purchasing.
Immigration and Citizenship Status
Can you be disqualified from owning a suppressor because of immigration status?
Yes, immigrants who are in the U.S. unlawfully or are not lawful permanent residents are disqualified from owning a suppressor.
Can non-U.S. citizens legally own a suppressor?
Generally, non-U.S. citizens cannot own a suppressor unless they are legal permanent residents or have special approval from the ATF.
Table: Immigration and Citizenship Restrictions
Immigration Status | Disqualification Details |
Non-U.S. Citizens | Cannot legally own a suppressor unless a permanent resident. |
Illegal Immigrants | Disqualified from owning suppressors. |
State-Specific Suppressor Laws
Are suppressor laws the same in all states?
No, state laws vary. Some states have more restrictive laws that may ban or limit the possession of suppressors, even if they’re legal under federal law.
What states have additional restrictions on suppressor ownership?
For example, California, New York, and Massachusetts have stricter laws surrounding suppressor ownership. They may require additional permits or make suppressor ownership completely illegal.
Table: State-Specific Suppressor Laws
State | Restrictions on Suppressor Ownership |
California | Suppressors are illegal for civilian use. |
New York | Requires special permits to own a suppressor. |
Massachusetts | Suppressor ownership is heavily restricted or banned. |
Suppressor Application and Background Check
What disqualifies you from applying for a suppressor license?
A variety of factors can disqualify you from applying for a suppressor license. These include a criminal history, mental health conditions, and immigration status.
Table: Suppressor Application Disqualifications
Factor | Details |
Felony Convictions | Prevents suppressor ownership and application. |
Mental Health | History of involuntary commitment or mental incompetence. |
Immigration Status | Non-U.S. citizens or unlawful residents are disqualified. |
Consequences of Illegal Suppressor Ownership
What are the consequences of illegally owning a suppressor?
Owning a suppressor illegally can result in serious legal consequences, including fines, seizure of the suppressor, and imprisonment. These penalties vary by state and situation, but federal penalties can be particularly harsh.
Table: Consequences of Illegal Suppressor Ownership
Consequence | Details |
Fines | Fines can be as high as $250,000 for illegal ownership. |
Imprisonment | Illegal ownership can lead to up to 10 years in federal prison. |
Conclusion
Owning a suppressor may seem simple, but it’s critical to understand the disqualifications that come with it. Whether you’re concerned about criminal history, mental health issues, or even immigration status, knowing the rules can help avoid costly mistakes.Stay informed, follow the federal and state laws, and always check if you’re eligible before applying for a suppressor. After all, keeping things legal ensures you’re safe and protected.