Are Gun Suppressors Illegal? State Bans, Ownership, and Penalties

Gun suppressors are not illegal under federal law, and civilians can legally own them in 42 states after completing a registration process run by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Eight states and the District of Columbia ban civilian possession outright, and even in a legal state you cannot take one home without prior ATF approval. So the honest answer to whether suppressors are illegal is: it depends on where you live and whether you have gone through the federal paperwork.

The governing statute is the National Firearms Act of 1934, which does not prohibit suppressors but groups them with machine guns, short-barreled rifles, short-barreled shotguns, and destructive devices as specially regulated firearms.1Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). National Firearms Act The 1934 text sweeps in “a muffler or silencer for any firearm.”2Document Source. National Firearms Act of 1934 Every legally owned suppressor in civilian hands is registered in the National Firearms Registration and Transfer Record.

States Where Suppressors Are Illegal

Federal legality does not override state bans. Civilians cannot possess a suppressor at all in:

  • California
  • Delaware
  • Hawaii
  • Illinois
  • Massachusetts
  • New Jersey
  • New York
  • Rhode Island
  • The District of Columbia

In the other 42 states, ownership is legal for anyone who clears the federal process. Roughly 40 of those also allow suppressors for hunting, but a few permit ownership while restricting use during hunting seasons, so a hunter should check the state’s game regulations separately.

Who Is Legally Allowed to Own One

Buying a suppressor from a licensed dealer requires you to be at least 21, and to not fall into any federal prohibited-person category. Federal law bars possession by anyone who:

  • Has a felony conviction, meaning any crime punishable by more than one year of imprisonment
  • Is a fugitive from justice
  • Uses or is addicted to controlled substances
  • Has been adjudicated as mentally defective or committed to a mental institution
  • Is an illegal or unlawful alien, or is in the United States on a nonimmigrant visa
  • Was dishonorably discharged from the military
  • Has renounced U.S. citizenship
  • Is subject to certain domestic violence restraining orders
  • Has a misdemeanor domestic violence conviction

You do not have to be a U.S. citizen. Lawful permanent residents with a green card are eligible, because the federal bar reaches only people unlawfully in the country or those on nonimmigrant visas.3Office of the Law Revision Counsel. United States Code Title 18 Section 922

What Legal Ownership Requires

Buying a suppressor works differently from buying a rifle or handgun. You pick one out at a licensed dealer, pay the retail price, and then start the federal registration paperwork. The suppressor stays at the shop until the ATF approves you.

The core form is ATF Form 4, titled Application for Tax Paid Transfer and Registration of Firearm.4Bureau of Alcohol, Tobacco, Firearms and Explosives. Firearms Forms The dealer fills in the suppressor’s manufacturer, model, and serial number; you provide your identifying information. An individual applicant also submits a recent 2-by-2-inch photograph and completed FBI FD-258 fingerprint cards.5Bureau of Alcohol, Tobacco, Firearms and Explosives. Application to Transfer and Register NFA Firearm (Tax-Paid) – ATF Form 5320.4

For decades the process famously included a $200 transfer tax, the so-called “tax stamp.” Under the current text of 26 U.S.C. ยง 5811, the $200 rate now applies only to machine guns and destructive devices; for all other NFA firearms, including suppressors, the statutory transfer tax is $0.6Office of the Law Revision Counsel. United States Code Title 26 Section 5811 – Transfer Tax The registration process itself has not changed. You still file Form 4, submit fingerprints and a photo, and wait.

Applications can be filed electronically through the ATF’s eForms portal, which is significantly faster than paper.7Bureau of Alcohol, Tobacco, Firearms and Explosives. eForms Applications As of February 2026, Form 4 eForms average about 10 days for individual applicants and 26 days for trust applicants, while paper averages 21 to 24 days.8ATF. Current Processing Times Individual cases can run longer if the background check needs additional research.

Once the ATF returns your stamped Form 4 to the dealer, you can pick up the suppressor. Keep the approved form with the suppressor. It is your only on-the-spot proof of legal registration if law enforcement asks.

Making a Suppressor Yourself

Federal law also permits individuals to build their own suppressor, but only after ATF approval. The application is ATF Form 1, Application to Make and Register a Firearm. You describe the suppressor you intend to build, submit fingerprints and a photograph, and wait for the approval before any construction begins.9GovInfo. United States Code Title 26 Section 5822 – Making Building before you have an approved Form 1 in hand is a federal felony. There is no grace period for a pending application.

Once approved, you are the manufacturer and must engrave your name, city, and state on the suppressor. The engraving has to be at least 1/16 of an inch tall and .003 inches deep, in a location where it can be read. Form 1 eForms averaged about 36 days as of February 2026.8ATF. Current Processing Times

Traveling With a Legally Owned Suppressor

Some NFA items require you to file ATF Form 5320.20 and receive written authorization before crossing state lines. Suppressors are not on that list. You can travel with a registered suppressor into another state without notifying the ATF in advance.10Bureau of Alcohol, Tobacco, Firearms and Explosives. Application to Transport Interstate or to Temporarily Export Certain National Firearms Act (NFA) Firearms

Destination law still governs. Carrying a suppressor into any of the eight prohibition states or D.C. is a state crime regardless of your valid federal registration. Verify the laws of every state you will pass through, not just where you are headed.

Penalties for Possessing One Illegally

Owning an unregistered suppressor is a federal felony. The NFA makes it a crime to receive or possess any NFA firearm not registered to you in the National Firearms Registration and Transfer Record.11GovInfo. United States Code Title 26 Section 5861 – Prohibited Acts Building one without prior approval, transferring one outside the registration process, or possessing one with an altered or missing serial number are separate violations under the same statute.

A conviction carries up to 10 years in federal prison and a fine of up to $10,000 under the NFA’s own penalty section.12Office of the Law Revision Counsel. United States Code Title 26 Section 5871 – Penalties The fine can actually reach $250,000 for an individual, because the general federal sentencing statute lets courts impose the greater of the offense-specific fine or $250,000 for any felony.13Office of the Law Revision Counsel. United States Code Title 18 Section 3571 – Sentence of Fine

Any suppressor involved in a violation is subject to seizure and forfeiture. The government will not return it or sell it at auction; forfeited NFA firearms are destroyed or transferred to a government agency.14Office of the Law Revision Counsel. United States Code Title 26 Section 5872 – Forfeitures A felony conviction also triggers a lifetime ban on possessing any firearm under federal prohibited-persons law.3Office of the Law Revision Counsel. United States Code Title 18 Section 922 In states that separately criminalize unregistered suppressor possession, state charges can stack on top of federal ones.