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Key:
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Joined: Oct 2001
Posts: 28,006 Likes: 87
Freak of Nature
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Freak of Nature
Joined: Oct 2001
Posts: 28,006 Likes: 87 |
Can a state deem suppressors legal for hunting?
Or maybe legal on single shot or bolt action rifles?
Is there a fed law against it?
Can the state over-ride that law by focusing on "used for hunting" language?
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Joined: Jun 2015
Posts: 15,386 Likes: 80
Old Mossy Horns
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Old Mossy Horns
Joined: Jun 2015
Posts: 15,386 Likes: 80 |
Within a mere 11 seconds via Google I had this
“You can hunt with a suppressor in 41 states. The only state where you can own a suppressor but cannot use it for hunting is Connecticut.”
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Joined: Oct 2001
Posts: 28,006 Likes: 87
Freak of Nature
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Freak of Nature
Joined: Oct 2001
Posts: 28,006 Likes: 87 |
Within a mere 11 seconds via Google I had this
“You can hunt with a suppressor in 41 states. The only state where you can own a suppressor but cannot use it for hunting is Connecticut.” I get that but you still have to acquire the license for the suppressor via fed application right? Then only you can use it unless you put it in a trust, you can't put future purchases in the trust and every time you add a suppressor everyone in the trust has paperwork to do. Can a state just say they are legal to use in our state WITHOUT any federal intervention?
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Joined: Mar 2016
Posts: 4,326 Likes: 32
10 point
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10 point
Joined: Mar 2016
Posts: 4,326 Likes: 32 |
I had heard that Texas made them legal as long as they were made in Texas and stayed in Texas. Got around the interstate commerce clause
Micah 6:8
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Joined: May 2025
Posts: 270 Likes: 8
4 point
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4 point
Joined: May 2025
Posts: 270 Likes: 8 |
Within a mere 11 seconds via Google I had this
“You can hunt with a suppressor in 41 states. The only state where you can own a suppressor but cannot use it for hunting is Connecticut.” I get that but you still have to acquire the license for the suppressor via fed application right? Then only you can use it unless you put it in a trust, you can't put future purchases in the trust and every time you add a suppressor everyone in the trust has paperwork to do. Can a state just say they are legal to use in our state WITHOUT any federal intervention? States can restrict things that are federally legal (add restrictions) but they can’t unrestrict things that are federally illegal (remove restrictions). But states can pretty much say “we aren’t going to prosecute this”. Why is why you can buy weed from shops in so many states. However even if the state said “we’re aren’t going to prosecute suppressors that don’t have tax stamps” it doesn’t stop the ATF from coming to your door, which they probably would.
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Joined: Jan 2001
Posts: 14,905 Likes: 92
Booner
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Booner
Joined: Jan 2001
Posts: 14,905 Likes: 92 |
I had heard that Texas made them legal as long as they were made in Texas and stayed in Texas. Got around the interstate commerce clause Texas Law (HB 957): The Texas Suppressor Freedom Act states that a suppressor made completely within Texas from basic materials and kept inside the state is exempt from federal laws. State and local police are barred from enforcing federal suppressor rules on these items. Federal Law (NFA): The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) maintains that federal law overrides state law. Federal courts have ruled that making a DIY suppressor still requires an approved ATF Form 1 and background check, though the federal tax stamp fee is $0
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Joined: Sep 2012
Posts: 24,107 Likes: 297
Freak of Nature
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Freak of Nature
Joined: Sep 2012
Posts: 24,107 Likes: 297 |
Within a mere 11 seconds via Google I had this
“You can hunt with a suppressor in 41 states. The only state where you can own a suppressor but cannot use it for hunting is Connecticut.” I get that but you still have to acquire the license for the suppressor via fed application right? Then only you can use it unless you put it in a trust, you can't put future purchases in the trust and every time you add a suppressor everyone in the trust has paperwork to do. Can a state just say they are legal to use in our state WITHOUT any federal intervention? No.
Dying ain't much of a living boy...Josey Wales
Molon Labe
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Joined: Jan 2015
Posts: 3,042 Likes: 18
10 point
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10 point
Joined: Jan 2015
Posts: 3,042 Likes: 18 |
I had heard that Texas made them legal as long as they were made in Texas and stayed in Texas. Got around the interstate commerce clause Texas Law (HB 957): The Texas Suppressor Freedom Act states that a suppressor made completely within Texas from basic materials and kept inside the state is exempt from federal laws. State and local police are barred from enforcing federal suppressor rules on these items. Federal Law (NFA): The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) maintains that federal law overrides state law. Federal courts have ruled that making a DIY suppressor still requires an approved ATF Form 1 and background check, though the federal tax stamp fee is $0 Yep, silencers (suppressors) are legal in Texas. To own one legally, you must follow federal rules, complete a background check, and get an approved registration.Federal Rules and Buying ProcessFederal Law: Under the National Firearms Act (NFA), the federal government regulates silencers.Tax Stamp: You must file an ATF Form 4 and get approval. The federal tax stamp fee is $0, but you still must wait for official approval before you can take the silencer home.Age Limit: You must be at least 21 years old to buy a silencer from a licensed dealer.Background Check: You must pass a standard background check (Form 4473 and NICS) when picking up the item from your dealer.
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Joined: Feb 2002
Posts: 46,054 Likes: 232
Freak of Nature
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Freak of Nature
Joined: Feb 2002
Posts: 46,054 Likes: 232 |
Then only you can use it unless you put it in a trust, you can't put future purchases in the trust and every time you add a suppressor everyone in the trust has paperwork to do. If you do a Revocable Living Trust, it can have multiple items listed as property. To satisfy the NFA of 1934, all NFA items are listed on a Schedule A as well as anything else that the trustees want to add on there. You can add a wooden nickel or a 2 pound gold bar and the Trust will become the owner. NFA items are listed by manufacturer, model and serial number. A Revocable Living Trust can be modified at any time for any reason and this includes adding or removing property and adding or removing trustees. For NFA items, one simply adds the item to the Schedule A and gets it notarized. The same goes for removing an item from the Trust. I think that where some confusion comes in is that the Trust kiosks that are so popular only do a "Single Shot Trust" which is limited to the one item that the purchaser is buying, thus the term 'single shot'. If multiple NFA items are purchased using this method, even if all at the same time, they are all on their own 'Single Shot' Trust.
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Joined: Oct 2001
Posts: 28,006 Likes: 87
Freak of Nature
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Freak of Nature
Joined: Oct 2001
Posts: 28,006 Likes: 87 |
Then only you can use it unless you put it in a trust, you can't put future purchases in the trust and every time you add a suppressor everyone in the trust has paperwork to do. If you do a Revocable Living Trust, it can have multiple items listed as property. To satisfy the NFA of 1934, all NFA items are listed on a Schedule A as well as anything else that the trustees want to add on there. You can add a wooden nickel or a 2 pound gold bar and the Trust will become the owner. NFA items are listed by manufacturer, model and serial number. A Revocable Living Trust can be modified at any time for any reason and this includes adding or removing property and adding or removing trustees. For NFA items, one simply adds the item to the Schedule A and gets it notarized. The same goes for removing an item from the Trust. I think that where some confusion comes in is that the Trust kiosks that are so popular only do a "Single Shot Trust" which is limited to the one item that the purchaser is buying, thus the term 'single shot'. If multiple NFA items are purchased using this method, even if all at the same time, they are all on their own 'Single Shot' Trust. I was told at a gun shop that to add a new suppressor to the trust that everyone on the trust would have to get a new background check each time.
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Joined: Feb 2002
Posts: 46,054 Likes: 232
Freak of Nature
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Freak of Nature
Joined: Feb 2002
Posts: 46,054 Likes: 232 |
I was told at a gun shop that to add a new suppressor to the trust that everyone on the trust would have to get a new background check each time. That may be true but I NEVER put any faith in the geniuses behind the counter at a gun shop. Granted, there are some that are knowledgeable but the majority just go by whatever their vendor reps tell them. Personally, I would contact the ATF and ask the question. I've been out of the game since before the rules change for trusts came into play.
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Joined: Jan 2002
Posts: 12,582 Likes: 24
Booner
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Booner
Joined: Jan 2002
Posts: 12,582 Likes: 24 |
I was told at a gun shop that to add a new suppressor to the trust that everyone on the trust would have to get a new background check each time. As per ChatGPT: The short answer is no—not everyone on the trust completes a Form 4473 or NICS check every time you add an item to the trust.
Here's how it generally works:
When your trust is applying to acquire a new NFA item (such as on an ATF Form 4 transfer or Form 1 making application), every "responsible person" on the trust must:
Complete an ATF Form 5320.23 (Responsible Person Questionnaire).
Submit fingerprints and a passport-style photo.
Undergo an ATF background check as part of the application process.
Form 4473 and the NICS check at pickup are different.
The person who actually picks up the NFA item from the dealer typically completes the Form 4473.
Because all responsible persons have already been background checked during the NFA application process, a separate NICS check generally is not required for a responsible person picking up the item.
What if you add someone to the trust later?
If you add a new trustee/responsible person after an NFA item has already been approved and registered to the trust, you do not have to notify the ATF or submit fingerprints, a Form 5320.23, or a 4473 just because you amended the trust. However, the next time the trust applies to make or receive another NFA firearm, that new responsible person will have to submit the required paperwork and undergo the ATF background check with the application.
If you're asking because you're planning to buy another suppressor or SBR through your trust, I can also explain the common strategy people use to minimize repeated fingerprint and photo submissions while staying compliant.
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Joined: Jul 2003
Posts: 15,599 Likes: 97
Old Mossy Horns
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Old Mossy Horns
Joined: Jul 2003
Posts: 15,599 Likes: 97 |
Never got into supressors. I like hearing the Crack of my rifles.
Life is a journey. Make sure and bring plenty of Beer.
My luck has been so bad lately, it could be raining pussies and I'd catch one with a dick broke off in it.
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Joined: Nov 2018
Posts: 2,417 Likes: 26
10 point
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10 point
Joined: Nov 2018
Posts: 2,417 Likes: 26 |
Just fill out the proper paperwork and if there’s something you’re scared of, abort. Main reason I got mine in a trust is for my family to avoid ATF hoops and rings when I die. Put all the family you trust on it. I’m on several family members and several are on mine. I have no problem saying it on here because it’s all registered.
Last edited by JohnG; 08/03/26 02:29 PM.
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Joined: Sep 2012
Posts: 24,107 Likes: 297
Freak of Nature
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Freak of Nature
Joined: Sep 2012
Posts: 24,107 Likes: 297 |
Never got into supressors. I like hearing the Crack of my rifles. You're really missing out.
Dying ain't much of a living boy...Josey Wales
Molon Labe
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Joined: Apr 2013
Posts: 2,609 Likes: 9
10 point
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10 point
Joined: Apr 2013
Posts: 2,609 Likes: 9 |
Just fill out the proper paperwork and if there’s something you’re scared of, abort. Main reason I got mine in a trust is for my family to avoid ATF hoops and rings when I die. I trust also makes sense as CYA if your NFA items are kept anywhere where other people may access them or could access them. For instance, if you keep them in a safe that your wife or children can access when you aren’t around. It could be construed as having possession in your absence.
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Joined: Jul 2003
Posts: 15,599 Likes: 97
Old Mossy Horns
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Old Mossy Horns
Joined: Jul 2003
Posts: 15,599 Likes: 97 |
Never got into supressors. I like hearing the Crack of my rifles. You're really missing out. So, a big potato on the end of my barrel doesn't count? 😃
Life is a journey. Make sure and bring plenty of Beer.
My luck has been so bad lately, it could be raining pussies and I'd catch one with a dick broke off in it.
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Joined: Apr 2000
Posts: 13,330 Likes: 23
Booner
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Booner
Joined: Apr 2000
Posts: 13,330 Likes: 23 |
Never got into supressors. I like hearing the Crack of my rifles. I heard them so long, i can't hear anything else now.
The harder I practice, the luckier I get.
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Joined: Jul 2003
Posts: 15,599 Likes: 97
Old Mossy Horns
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Old Mossy Horns
Joined: Jul 2003
Posts: 15,599 Likes: 97 |
Never got into supressors. I like hearing the Crack of my rifles. I heard them so long, i can't hear anything else now. I'm kinda in the same boat. But hell, I'm old. Everything is going away.
Life is a journey. Make sure and bring plenty of Beer.
My luck has been so bad lately, it could be raining pussies and I'd catch one with a dick broke off in it.
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Joined: Jan 2001
Posts: 29,728 Likes: 165
Freak of Nature
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Freak of Nature
Joined: Jan 2001
Posts: 29,728 Likes: 165 |
Within a mere 11 seconds via Google I had this
“You can hunt with a suppressor in 41 states. The only state where you can own a suppressor but cannot use it for hunting is Connecticut.” I get that but you still have to acquire the license for the suppressor via fed application right? Then only you can use it unless you put it in a trust, you can't put future purchases in the trust and every time you add a suppressor everyone in the trust has paperwork to do. Can a state just say they are legal to use in our state WITHOUT any federal intervention? No. You're right but Marijuana is illegal under Federal laws but look at how much attention states pay to that.
Lord, please help us get our nation straightened out.
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