Local Firearms Shop: Silencers Are Completely Legal!
DCF Guns of Castle Rock, CO wants to settle the score on the legality, and help educate you on suppressed firearms.
As of July 13th, the Bureau of Alcohol, Tobacco, Firearms, and Explosives has altered the way that civilians purchase NFA items. Known as Rule 41F, the process for purchasing/manufacturing suppressors or short-barreled rifles/shotguns has changed for both civilians and trusts.
There is a lot of misinformation out there. Many people think that silencers and suppressors have been banned. Others think that since it is so hard to acquire them that it isn’t even worth it. One local gun shop is leading the charge in correcting the record and making sure everyone understands that these types of guns and accessories are still completely legal.
Josh Barton, owner of DCF Guns in Castle Rock, CO, has seen the uneasiness creep into the community after the ATF’s recent regulatory change.
“A lot of people seem to think that it is now illegal or next-to-impossible to purchase a silencer,” Josh explained, “so we are trying to dispel some of the fictions that seem to have popped up around 41F.”
First things first: It is still completely legal to own and purchase these types of firearms and accessories. In many ways, it has actually become easier…
The National Firearms Act of 1934 regulates how Americans buy and sell suppressors, short-barreled shotguns/rifles, pre-1986 automatic weapons, and other destructive devices. Contrary to popular belief, these items are completely legal to own under Federal and Colorado law. They require a background check through the ATF, a $200 tax, and then just a couple month waiting period.
The $200 “tax stamp” is a mandatory tax that has to be paid to the ATF. This is for permission to take ownership of NFA weapons. No one enjoys this added fee, but there is much to consider. When the National Firearms Act was passed in 1934, $200 was worth a lot more than it is today. When adjusted for inflation, this $200 payment had the same buying power back then as $3,500 does today.
Luckily, the law wasn’t written to compensate for inflation. While it was designed in 1934 to keep these weapons costly and out of reach for average citizens, almost a century of inflation now makes suppressors more accessible and affordable than ever.
There are essentially two ways that civilians can purchase NFA items: (1) as individuals or (2) through a trust. A trust has always been the preferred method of purchasing and owning NFA firearms because it allows multiple people to be in possession of the items. This also makes transferring ownership amongst friends and family members a lot easier.
Trusts have also gained popularity because they once served as means to get around local police chiefs refusing to sign off on an individual’s NFA purchase. You see after the National Firearms Act was passed in 1934, the regulations requiring a Chief Law Enforcement Officer to sign off on any citizen’s purchase before it could be processed. A loophole made it so this part of the regulation only applied to individual purchases, not trusts.
Many police chiefs used this as an opportunity to restrict the second amendment rights their citizens. Well, believe it or not, the ATF’s Rule 41F change is actually a compromise.
CLEOs no longer have the power to prevent individuals from purchasing or manufacturing NFA items. Rule 41F now only requires individuals notify their local police chief of their plans. Removing the requirement that individuals receive permission from their CLEO.
It has never been easier to purchase an NFA firearm or item as an individual.
The regulations surrounding NFA purchases through trusts, however, have become slightly more complicated. Under new rules, all trustees must be fingerprinted and undergo a background check before a new NFA item can be added to the trust. Any silencers or NFA firearms currently assigned to a trust are protected.In true government-fashion, however, the new regulation is full of holes.
Many in the NFA community assert that 41F actually allows people to be removed from trusts prior to making new purchases. Those removed may be re-added afterwards to make it so only one trustee has to jump through hoops. Obviously, you should consult with an attorney before making any changes to your NFA trust. But it’s quite telling that we are less than a month into this new regulation and people are already discovering loopholes.
Rule 41F was portrayed as the “end of the world” for the NFA community. But the fact of the matter is that it is just as easy, if not easier, to legally own NFA firearms and suppressors.
Josh and DCF Guns are trying to break through the misinformation. Their goal is to make sure that the community understands that suppressors and NFA weapons are still legal for civilians to own.
“People always seem to assume that it is illegal to own a silencer.” Josh told us, “We are trying to serve as a resource to not only educate the community on the truth about these new regulatory changes but also help to guide people through the NFA purchase and acquisition process.”
To accomplish this, DCF Guns in Castle Rock, CO is holding an all-day event on September 10, 2016 to launch this educational effort. Sponsored by SilencerCo, one of the leading manufacturers in the industry. DCF Guns members and non-members alike will have the opportunity to demo different silencers and suppressors ALL DAY LONG. There will be giveaways, door prizes, refreshments, and exclusive discounts on all in-stock silencers.
Not only that, but a cease fire will be called at 6:00 PM and for two hours, only silenced firearms will be allowed on the range!
It takes 2-6 months for the ATF to process NFA paperwork. During that time, you’re not allowed to bring your purchase home. It has to stay locked up in the shop’s safe. But you are allowed to use it on the DCF Guns range while you wait! So not only can you use your discount to buy a silencer during this promotion, but you’ll get the opportunity to shoot it on the range that same day. Without the need for hearing protection!
“We want everyone to understand their rights and the benefits of owning suppressors and silencers,” Josh concluded. “If we can move the needle a little bit and teach even just a couple people that silencer ownership remains completely legal, then this will all be worth it.”