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Suppressors is this legal?

badbot

Sergeant
Full Member
Minuteman
Oct 28, 2008
361
1
Az
I was reading somewhere that rifle barrels had to be 16"+
but you could cut one down and weld a can onto it making the unit over 16 again and not need to have a stamp at all?

I want to think it is true as i like tax free.
 
Re: is this legal?

Yep, legal, as long as it is permanently attached.
 
Re: is this legal?

You would still have to have a stamp for the can. The only thing you are avoiding is a stamp for the SBR as technically, it isn't. If the can is perm. affixed and the overall length is > 16", it isn't a SBR. However, IANAL and YMMV, so don't take this as legal advice!
 
Re: is this legal?

get a FA lower(that's if this a for an AR-15) and you wont ahve to worry about an SBR or permanantly attaching a can.
grin.gif
Otherwise,what csi said.
 
Re: is this legal?

I was thinking about cutting something down and building a can.
the thing I read made it sound like I could skip the form 1 and stamp process.
 
Re: is this legal?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: BadBot</div><div class="ubbcode-body">I was thinking about cutting something down and building a can.
the thing I read made it sound like I could skip the form 1 and stamp process. </div></div>

I think you were misinformed. For a SBR and a can you need two stamps (one for the rifle and one for the can). If you permenantly affix the can to a less than 16" barrel, then you only need one stamp for the can even if you built it yourself on a form 1.

 
Re: is this legal?

Bottom line here: Your "fake" can makes the barrel longer than 16". The BATF doesn't care how long your rifling is they look at how short the actual barrel is for concealment or manueverability purposes. That and the whole firearm needs to measure more than 31" completely folded up. Same deal, they are looking for something that might be concealed. You could even have a 6" barrel and a 10.1" fake can on there....just as long as the barrel portion is longer than 16" and of course...the can isn't real.
 
Re: is this legal?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: sandwarrior</div><div class="ubbcode-body">That and the whole firearm needs to measure more than 31" completely folded up.</div></div>

Negative. The minimum length is measured with stocks un-folded or extended.

Also a suppressor needs a stamp no matter what it is mounted to or how it is mounted. There are rumored to be some "one stamp" MP5SD's out there, but I have never actually seen one.

So if you permanently affix a suppressor to a rifle and the resulting barrel length is more than 16" then you only need a Tax Stamp on the can. If you permanently affix a non-functioning suppressor looking shroud to the barrel and the resulting barrel length is more than 16" then you don't need a stamp at all, but you will be called a fool for making a weapon heavier so you can look "tacticool".

The only reason to permanently mount a suppressor is if your state does not allow SBR's. It's way too much fun to be able to screw one can onto multiple weapons.
 
Re: is this legal?

Now muddling the post,I belive the min. length is applied if the weapon is opperable in the colapsed or folded postion.
Also the OAL depends on the state of residence, most reflect the Fed. standard 26in.
 
Re: is this legal?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: LoneWolfUSMC</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: sandwarrior</div><div class="ubbcode-body">That and the whole firearm needs to measure more than 31" completely folded up.</div></div>

Negative. The minimum length is measured with stocks un-folded or extended.

Also a suppressor needs a stamp no matter what it is mounted to or how it is mounted. There are rumored to be some "one stamp" MP5SD's out there, but I have never actually seen one.

So if you permanently affix a suppressor to a rifle and the resulting barrel length is more than 16" then you only need a Tax Stamp on the can. If you permanently affix a non-functioning suppressor looking shroud to the barrel and the resulting barrel length is more than 16" then you don't need a stamp at all, but you will be called a fool for making a weapon heavier so you can look "tacticool".

The only reason to permanently mount a suppressor is if your state does not allow SBR's. It's way too much fun to be able to screw one can onto multiple weapons.</div></div>

LoneWolfUSMC,

Sorry, the minimum length for the Federal requirement is 26". The 31" I quoted must have been from one of the State regs. that I read. However, as wirehand said it is measured in the shortest operable condition. That is the entire point of the SBR law.

The can (real) needs a stamp. In Minnesota it is damn near impossible to get approval at the local level for a can. I've seen a lot of "fake" cans and flash suppressors added just to make length. I pretty much agree it just looks "tacticool" and adds weight while doing nothing for the usefulness of the rifle. It pays better dividends here to just get the stamp for the SBR. Which is, here in Minnesota, a hell of a lot easier to get than a stamp for the can.

If you live in a state, like Texas, where it's a lot more acceptable to get a can then I would do that. They are a lot of fun.
 
Re: is this legal?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: sandwarrior</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: LoneWolfUSMC</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: sandwarrior</div><div class="ubbcode-body">That and the whole firearm needs to measure more than 31" completely folded up.</div></div>

Negative. The minimum length is measured with stocks un-folded or extended.

Also a suppressor needs a stamp no matter what it is mounted to or how it is mounted. There are rumored to be some "one stamp" MP5SD's out there, but I have never actually seen one.

So if you permanently affix a suppressor to a rifle and the resulting barrel length is more than 16" then you only need a Tax Stamp on the can. If you permanently affix a non-functioning suppressor looking shroud to the barrel and the resulting barrel length is more than 16" then you don't need a stamp at all, but you will be called a fool for making a weapon heavier so you can look "tacticool".

The only reason to permanently mount a suppressor is if your state does not allow SBR's. It's way too much fun to be able to screw one can onto multiple weapons.</div></div>

LoneWolfUSMC,

Sorry, the minimum length for the Federal requirement is 26". The 31" I quoted must have been from one of the State regs. that I read. However, as wirehand said it is measured in the shortest operable condition. That is the entire point of the SBR law.

The can (real) needs a stamp. In Minnesota it is damn near impossible to get approval at the local level for a can. I've seen a lot of "fake" cans and flash suppressors added just to make length. I pretty much agree it just looks "tacticool" and adds weight while doing nothing for the usefulness of the rifle. It pays better dividends here to just get the stamp for the SBR. Which is, here in Minnesota, a hell of a lot easier to get than a stamp for the can.

If you live in a state, like Texas, where it's a lot more acceptable to get a can then I would do that. They are a lot of fun. </div></div>


If you can't get approval for a can set up a trust. On the AR board there is a list of how to do it. The trust is a legal entity and makes it unnecessary to get a CLEO signoff or to form a corporation. The can belongs to the trust, and you can name more than just yourself as officers in the trust so your wife, etc. can have access to it.

Jim

 
Re: is this legal?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: pepperbelly</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: sandwarrior</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: LoneWolfUSMC</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: sandwarrior</div><div class="ubbcode-body">That and the whole firearm needs to measure more than 31" completely folded up.</div></div>

Negative. The minimum length is measured with stocks un-folded or extended.

Also a suppressor needs a stamp no matter what it is mounted to or how it is mounted. There are rumored to be some "one stamp" MP5SD's out there, but I have never actually seen one.

So if you permanently affix a suppressor to a rifle and the resulting barrel length is more than 16" then you only need a Tax Stamp on the can. If you permanently affix a non-functioning suppressor looking shroud to the barrel and the resulting barrel length is more than 16" then you don't need a stamp at all, but you will be called a fool for making a weapon heavier so you can look "tacticool".

The only reason to permanently mount a suppressor is if your state does not allow SBR's. It's way too much fun to be able to screw one can onto multiple weapons.</div></div>

LoneWolfUSMC,

Sorry, the minimum length for the Federal requirement is 26". The 31" I quoted must have been from one of the State regs. that I read. However, as wirehand said it is measured in the shortest operable condition. That is the entire point of the SBR law.

The can (real) needs a stamp. In Minnesota it is damn near impossible to get approval at the local level for a can. I've seen a lot of "fake" cans and flash suppressors added just to make length. I pretty much agree it just looks "tacticool" and adds weight while doing nothing for the usefulness of the rifle. It pays better dividends here to just get the stamp for the SBR. Which is, here in Minnesota, a hell of a lot easier to get than a stamp for the can.

If you live in a state, like Texas, where it's a lot more acceptable to get a can then I would do that. They are a lot of fun. </div></div>


If you can't get approval for a can set up a trust. On the AR board there is a list of how to do it. The trust is a legal entity and makes it unnecessary to get a CLEO signoff or to form a corporation. The can belongs to the trust, and you can name more than just yourself as officers in the trust so your wife, etc. can have access to it.

Jim

</div></div>

Jim,

I wish it were true. That has been suggested to me before. The problem here in MN is it is illegal not only to own one in the State of Minnesota, it is illegal to POSSESS one here as well. When the DNR had to weed out deer from the suburbs here they were to do it with cans. The cans had to be shipped to Wisconsin, where they were picked up and 'Under the auspices of the law' were brought into Minnesota and used. They were returned the same way. I don't know why that law was put on the books that way but it was. Still, getting a SBR is no big deal here. ...go figure??

https://www.revisor.leg.state.mn.us/statutes/?id=609.66

Subd. 1a.Felony crimes; <span style="font-weight: bold">silencers prohibited</span>; reckless discharge.

(a) <span style="text-decoration: underline">Except as otherwise provided in subdivision 1h</span>, whoever does any of the following is guilty of a felony and may be sentenced as provided in paragraph (b):

(1) sells or <span style="font-weight: bold">has in possession any device designed to silence or muffle the discharge of a firearm;</span>

(2) intentionally discharges a firearm under circumstances that endanger the safety of another; or

(3) recklessly discharges a firearm within a municipality.

...~~~...


And 1h. which allows Law enforcement and Wildlife Management to use them. And the guidelines thereof:


Subd. 1h.Silencers; authorized for law enforcement and wildlife control purposes.

(a) Notwithstanding subdivision 1a, paragraph (a), clause (1), licensed peace officers may use devices designed to silence or muffle the discharge of a firearm for tactical emergency response operations. Tactical emergency response operations include execution of high risk search and arrest warrants, incidents of terrorism, hostage rescue, and any other tactical deployments involving high risk circumstances. The chief law enforcement officer of a law enforcement agency that has the need to use silencing devices must establish and enforce a written policy governing the use of the devices.

(b) Notwithstanding subdivision 1a, paragraph (a), clause (1), until July 1, 2011, an enforcement officer, as defined in section 97A.015, subdivision 18, a wildlife area manager, an employee designated under section 84.0835, or a person acting under contract with the commissioner of natural resources, at specific times and locations that are authorized by the commissioner of natural resources may use devices designed to silence or muffle the discharge of a firearm for wildlife control operations that require stealth. If the commissioner determines that the use of silencing devices is necessary under this paragraph, the commissioner must:

(1) establish and enforce a written policy governing the use, possession, and transportation of the devices;

(2) limit the number of the silencing devices maintained by the Department of Natural Resources to no more than ten; and

(3) keep direct custody and control of the devices when the devices are not specifically authorized for use.
Subd. 2.Exceptions.

Nothing in this section prohibits the possession of the articles mentioned by museums or collectors of art or for other lawful purposes of public exhibition.


(1) sells or has in possession any device designed to silence or muffle the discharge of a firearm;
 
Re: is this legal?

Sorry about that Warrior. Here in Texas it is illegal to own or possess a suppressor, or full-auto firearm, but it is a positive defense to prosecution if you have the federal stamps. I never understood that part even when I used to be a cop.

Jim
 
Re: is this legal?

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">Sorry about that Warrior. Here in Texas it is illegal to own or possess a suppressor, or full-auto firearm, but it is a positive defense to prosecution if you have the federal stamps. I never understood that part even when I used to be a cop.</div></div>

You are wrong. You can legally have suppressors and machine guns in texas.(if you do the paperwork)
 
Re: is this legal?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Jimmy M40a2</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">Sorry about that Warrior. Here in Texas it is illegal to own or possess a suppressor, or full-auto firearm, but it is a positive defense to prosecution if you have the federal stamps. I never understood that part even when I used to be a cop.</div></div>

You are wrong. You can legally have suppressors and machine guns in texas.(if you do the paperwork) </div></div>

No, he's correct. That is how the law is written. I take it was written that way more or less as future amendments to original law. 1st was that it was illegal to have them. 2nd was added that it is a POSITIVE DEFENSE TO PROSECUTION if they are correcltly registered according to the NFA. That's the out.

Yeah, it's a wordy way to say it, but hey, lawyers are paid by the word...apparently.
 
Re: is this legal?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Jimmy M40a2</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">Sorry about that Warrior. Here in Texas it is illegal to own or possess a suppressor, or full-auto firearm, but it is a positive defense to prosecution if you have the federal stamps. I never understood that part even when I used to be a cop.</div></div>

You are wrong. You can legally have suppressors and machine guns in texas.(if you do the paperwork)</div></div>

I was going to say...I thought Texas was definitely one of the states that allows suppressors. But like anywhere, you have to do the paperwork.

Edit:

The statement in the law that you cannot own them means you can't just go out and buy one. The statement then that it is a positive defense means you get the stamp, necessary paperwork, and background check then the state will defer to the ATF law that says you can have them, providing the preceding has been accomplished.