How To Transfer Ownership of a Firearm or Suppressor
David Higginbotham
If you’re diving into this topic, odds are you already know something about how silencer ownership works. At its most basic, you as an individual need to fill out the appropriate application with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) and pay for the tax stamp. After you’re approved, the suppressor belongs to you.
While buying a suppressor can be daunting the first time, the process remains relatively straightforward for those of us who live in any of the 42 states where possession is a recognized right.
But what happens if you want to give or sell your suppressor to someone else?
Transferring Ownership
At every step of a suppressor’s lifespan, someone or something (like a manufacturer or a dealer) “owns” it. Ownership in this sense is a guide for legitimate possession.
If your suppressor is registered to you, individually, you are required to be present during its use. If a trust or corporation owns the suppressor, then named trustees or legitimate employees of the corporation may possess the suppressor.
Trusts, though, may need to be dissolved. Corporations go bust. Or it may be as simple as you wanting to give a gift to someone close to you — in each case, there are specific hoops to jump through.
Let’s start with the most basic type of transfer, the private sale.
How To Transfer Ownership in a Private Sale
If you are selling or giving the suppressor to someone in the same state, this is easy. The new owner will need to submit a Form 4 and handle all of the notifications necessary, provide fingerprints and photos, and pay for the tax stamp. After approval, the ownership is effectively transferred.
In this most basic scenario — you are selling or giving a suppressor to someone else — you hold onto the suppressor until the Form 4 is approved. This is similar to the way gun stores hold suppressors while your paperwork clears.
How Do You Transfer Ownership to a Buyer in Another State?
If the transfer is going to cross state lines, you must first transfer the suppressor to an FFL/SOT in your state, through a Form 4, and pay $200 for a new tax stamp to accompany that transfer.
Yes — you read that correctly. When the suppressor goes back to an FFL/SOT, it requires a new tax stamp. But — good news here — you’re done with your part of the process (apart from getting paid for the sale).
That in-state FFL/SOT will then transfer possession to an FFL/SOT in the state where the buyer resides (by completing BATFE Form 3). Once cleared, it belongs to them. Then the new buyer will file a new Form 4 and pay an additional $200 for their tax stamp.
If you’re doing the math, you may see that the one suppressor now has had an additional $600 tacked onto its original purchase price. This is why there are very few of these types of transfers relative to new suppressor sales.
Individual sales of most types of suppressors are rare. Not only is there the question of taxes, but used suppressors don’t hold their value well. The exception to this is the collector market. Some historic models are governed by the same regulations, even if they’re destined to be safe queens or museum pieces that are never used.
Can You Give a Suppressor to Someone as a Gift?
It is perfectly legal to give a suppressor as a gift, but it still requires some paperwork. If you are selling a suppressor or giving it to someone, they must meet some basic qualifications that will be checked by the BATFE during the application process. The person taking ownership of the suppressor must clear the same legal hurdles as anyone who wants to buy a suppressor.
Age is the first concern. If ownership is being transferred through a dealer in any of the 42 states where suppressor ownership is legal, the new owner must be at least 21 years old. This would be required for a gift given to someone in another state.
If the transfer is taking place person-to-person in the same state, the minimum age is 18 years old (check your local state laws, though, just to ensure that this is permissible).
In all cases, the new owner must be a resident of the United States and be eligible to own a firearm.
After meeting these basic requirements, the new owner will still have to pass a background check by the BATFE and pony up for the $200 tax stamp. They submit their paperwork, and the process for approval begins again.
What About Other Kinds of Transfer?
There may be a legitimate reason that necessitates a transfer to a government agency. If you do manage to render a suppressor inoperable (through a bad baffle strike, for instance), you might want to have something serviced. Basically any time you hand it over to someone else in your absence, you’ll need to document its journey — even if the suppressor will eventually come back to you.
This is where BATFE Form 5 comes in. Form 5 is basically a tax-exempt notification that allows for the feds to know who has possession of the suppressor — though it is important to note that the person or entity receiving it must have the appropriate licensure.
Can You Transfer Possession From Individual Ownership to a Trust?
To transfer a suppressor to a trust, you must first create the trust and then use a Form 4 to transfer the can from one legal entity (the individual) to the other (the trust). As this is a normal transfer, it will require an additional $200 tax stamp.
If you’ve not picked up on the theme, here, it is this; transfers are possible, and not that complicated, so long as you follow procedures — and transferring a suppressor to a trust is equally straight forward.
Why would you want to? That is open to interpretation. Trusts allow for others on the trust to possess and use suppressors. And they make estate planning a bit more straightforward, sometimes, too.
How To Transfer a Silencer to a Gunsmith for Maintenance
Silencers are built to withstand immense force, but sometimes you may need a repair. In the event that this occurs, you shouldn’t take it to your local gunsmith and drop it off. Possession, as we’ve noted before, is clearly defined.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) does not consider the temporary conveyance of an NFA firearm to a gunsmith for repair to be a “transfer” under the terms of the NFA. Thus, an ATF Form 5 application is not required.
SilencerCo Does Warranty Work
SilencerCo has a limited Lifetime warranty on all silencers. If you need work done, this option is your best avenue — and you can rest assured that they understand all of the requirements for proper documentation.
According to the warrantee, Silencerco, LLC warrants to you that if any product sold by SilencerCo and used for its intended use ever becomes defective, SilencerCo will repair or replace the product at no charge, other than shipping.
Even with a return to SilencerCo, you will need to follow the appropriate rules for documentation. The ATF has recommended doing form 5’s for repairs. However, since it is not required (as noted above), SilencerCo does not do form 5s for repairs.
For the complete rundown, read the SilencerCo Limited Lifetime Warrantee in full detail.
Is There Always This Much Paperwork?
Anytime ownership of a suppressor changes, there’s paperwork involved. In most instances, this is ATF Form 4, but there are other types (like the Form 3) used when the suppressor is moving from one federally licensed business to another (like between two FFL/SOT gun stores). And, in many cases, a new tax stamp is also required to complete the transfer.
When Silencerco manufactures the suppressor, and gives it a serial number, it is registered with the ATF. Then ownership, officially, is transferred to a retailer (who has an FFL/SOT). Then the original buyer takes ownership again. That ownership may be designated to a trust, or a corporation, or to an individual—but in all cases Form 4 must be completed and approved, and the buyer pays $200 for a tax stamp.
Just as in all of these circumstances, an additional sale, gift, or even a disposal of the same suppressor requires another round of documentation.
Are There Any Exceptions to These Rules?
Of course there are! The Texas Suppressor Freedom Act stands out. If you reside in Texas and buy a suppressor that’s made in Texas and keep it in Texas, then Texas recognizes your right to own (and then, it would logically follow) to transfer ownership of a suppressor.
It is important to note here that this law is controversial, but it is based on the premise that the BAFTE’s authority to regulate NFA items is based in interstate commerce laws. If the suppressor isn’t leaving the state, there’s no interstate commerce.
The question of The Texas Suppressor Freedom Act points to a larger debate about what are being called “2A Sanctuary States.” The idea is that some feel like federal restrictions are onerous and infringe on individual rights and that states may be the best authorities for determining regulations.
The ultimate decision will likely be decided by federal courts. As with many issues, states may make laws and regulations that are more restrictive than federal regulations (which is why eight states still prohibit silencer possession altogether). Creating state laws that loosen restrictions, though, might be met with legal challenges, sanctions, and/or fines.
Are There Other Rules for Transferring Guns?
Guns, generally speaking, have a less complicated set of rules. While it isn’t the pervue of this article, exactly, I will note that this is where a broad understanding of classification becomes a prerequisite.
What kind of gun are we talking about? A silencer is classed as a firearm under the terms of the NFA (even though we all know that it isn’t a “gun”) in the literal sense. There are also short-barreled rifles and shotguns, short shotguns that are, for regulatory purposes “firearms” and not short-barreled shotguns, and some guns that are classed as “any other weapons.”
In short, the rules for transferring NFA items are very similar, if not identical to those noted above.
Guns that aren’t regulated by the NFA are much easier to sell privately. They can be gifted, too. The onus is on the buyer to meet the legal restrictions for ownership, though many private sellers will ask to see a buyers concealed carry permit as a kind of make-shift background check for unknown buyers and will document the transfer with a hand-written receipt.
What Happens if a Silencer is Seized?
Government agencies may, under a wide variety of circumstances, seize suppressors — and when they do, they are required to document that chain of custody.
Under these circumstances, the suppressor becomes the property of that police department or agency. In most circumstances, officials will follow seizures with the appropriate Form 5 documentation.
In Conclusion
There are many scenarios that each have some nuanced rules — and each deserves an authoritative answer. Understanding the regulations remains your responsibility, ultimately. If you are confused, or want clarity or more information, seek expert legal advice.
David Higginbotham
