FINALLY Happening? Suppressors Could Be Removed From NFA Soon!

Image courtesy NSSF

One of the dumbest things about American gun laws as they currently exist is the way we treat silencers.

You can call them suppressors or silencers–both are correct–but whatever you call them, they are not weapons. They are, in fact, the opposite of “weapons,” in that their sole purpose is to reduce the possibility of injury, specifically to the shooter’s hearing. Suppressors do nothing to increase the lethality of the firearm they’re installed on, nor can they be used as any sort of effective weapon. (Seriously, you’d be better off hitting someone with an old Nokia phone than a suppressor.) The only thing suppressors do is reduce the sound of gunfire by about 20-35 decibels (dB). When paired up with physical hearing protection on the shooter, this noise reduction can keep gunfire to a level that will cause them to go deaf much, much more slowly.

It’s really easy to underestimate how badly your hearing is being damaged by unsuppressed gunfire, because the deafness settles in years later. But this author began going deaf in my 30s … and I have friends who were in hearing aids by their fortieth birthday.

Imagine living in a world in which putting a muffler on your car requires a six-month process that involves registering yourself with the local sheriff. That’s where we are with suppressors right now. There have been multiple attempts in the past to change the 1934 National Firearms Act, which is the law that currently treats silencers as if they were fully automatic machine guns. All of those attempts have, to date, failed.

This one, just like the national concealed-carry reciprocity bill introduced a few days ago, might be different. There are a couple of reasons why. The first and most obvious is that pro-gun Republicans currently hold the House, the Senate, and (soon) the Oval Office. The second is that, over the last 10 years, there has been a growing acceptance of silencers among the public, simply because there are more suppressor owners now than ever before. The National Shooting Sports Foundation (NSSF) is bullish on the prospect as well!

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NSSF Applauds U.S. Rep. Ben Cline’s Hearing Protection Act Introduction

NSSF®, The Firearm Industry Trade Association, welcomes U.S. Rep. Ben Cline’s (R-Va.) H.R. 404, the Hearing Protection Act, which would remove firearm suppressors from the list of definitions under the 1934 National Firearms Act (NFA), eliminating onerous and duplicitous background checks. Instead, what is essentially a muffler for a gun would be regulated under the 1968 Gun Control Act (GCA) with the same background check that is required for a retail firearm purchase. The legislation would also amend the statutory suppressor definitions to eliminate ambiguity that might lead to the criminalization of lawful firearm accessories.

“Congressman Cline’s Hearing Protection Act will have the federal government recognize firearm suppressors for what they are. These are accessories to a firearm that make recreational shooting and hunting a safer experience,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “These safety devices reduce the report of a firearm to a level that won’t cause instant and permanent hearing damage. Despite Hollywood’s depictions, they do not mask the sound of a firearm. The focus should be on removing barriers to safe and responsible use of firearms and dedicating resources to ensuring firearms are safeguarded from those who should never possess them. Strict regulatory control of firearm accessories, and the parts of those accessories that have no bearing on the function of a firearm, is unnecessary and not the wisest use of federal resources. NSSF thanks Congressman Cline for his leadership for ensuring safe and responsible use of firearms and dedicating necessary resources where they are most needed.”

Firearm suppressors, legally but inaccurately referred to as “silencers,” are devices that reduce the report of a firearm from a level roughly equal to that of a jet taking off which causes instant and permanent hearing loss to one that is safe, but still equal to a jackhammer. That decibel level will not permanently damage hearing. Suppressors work similar to a car’s muffler, redirecting exhaust gases and was originally patented over 100 years ago by the same designer of car mufflers, Hiram Maxim.

Under current law, an individual purchasing a suppressor must locate a retailer that is regulated as a NFA Class III retailer, complete a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Form 4 with the model and serial number of the suppressor, and obtain two passport photos and fingerprint cards from a local police department. The local chief law enforcement official must receive a completed copy of the application. Then the form, photographs and fingerprints must be sent to ATF along with a check to pay the $200 tax. The customer can obtain the suppressor from the NFA Class III retailer upon an additional background check through FBI’s National Instant Criminal Background Check System (NICS).

Congressman Cline’s legislation would eliminate those requirements and make suppressors available with the same paperwork, markings, record keeping and background check approval that is required for a firearm. It would also clarify the definition of suppressors, ensuring that components like mounts, baffles and end caps are not erroneously classified as standalone suppressors or “silencers.”