Author Topic: Suppressor/Silencer  (Read 8452 times)

Thlax

  • Sr. Member
  • ****
  • Posts: 191
Suppressor/Silencer
« on: May 12, 2011, 05:01:50 AM »
I'm pretty sure it's illegal for a citizen to own a silencer in DE, but can anyone confirm this?

Is there anyway to get that type of license to own one .....I'm sure it costs and arm and a leg + more? I saw someone at TargetMaster the other day with one (I know it's PA) and thought it would be novel to have.

Thanks-

CorBon

  • Life Member
  • *****
  • Posts: 457
  • The Revolution starts in your heart...
Re: Suppressor/Silencer
« Reply #1 on: May 12, 2011, 10:37:07 AM »
DEL CODE § 1444 : Delaware Code - Section 1444: POSSESSING A DESTRUCTIVE WEAPON; CLASS E FELONY
(a) A person is guilty of possessing a destructive weapon when the person sells, transfers, buys, receives or has possession of a bomb, bombshell, firearm silencer, sawed-off shotgun, machine gun or any other firearm or weapon which is adaptable for use as a machine gun.
(b) Possessing a destructive weapon is a class E felony. This section does not apply to members of the military forces or to members of a police force in this State duly authorized to carry a weapon of the type described; nor shall the provisions contained herein apply to authorized and certified (by an accredited state enforcement agency) state and federal wildlife biologists possessing firearm silencers for the purposes of wildlife disease or wildlife population control, or persons possessing machine guns for scientific or experimental research and development purposes, which machine guns have been duly registered under the National Firearms Act of 1968 (26 U.S.C. § 5801 et seq.).
(c) The term "shotgun" as used in this section means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of projectiles (ball shot) or a single projectile for each pull of the trigger. The term "sawed-off shotgun" as used in this section means a shotgun having 1 or more barrels less than 18 inches in length or any weapon made from a shotgun (whether by alteration, modification or otherwise) if such weapon as modified has an overall length of less than 26 inches.
11 Del. C. 1953, § 1444; 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 547, § 12; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 411, § 1.;
Very few guns are actually "illegal guns."  A gun misappropriated by a criminal is no more of an "illegal gun" than a stolen car is an "illegal car."

Condition 1

  • Life Member
  • *****
  • Posts: 690
Re: Suppressor/Silencer
« Reply #2 on: May 12, 2011, 12:29:53 PM »
I believe you need to get a form from BATF, get signed by your Chielf Law Enforcement Officer (this seems to be the hardest part), get finger printed....mail the form with $200, and wait.

rusirius

  • Sr. Member
  • ****
  • Posts: 149
Re: Suppressor/Silencer
« Reply #3 on: May 12, 2011, 05:18:40 PM »
I believe you need to get a form from BATF, get signed by your Chielf Law Enforcement Officer (this seems to be the hardest part), get finger printed....mail the form with $200, and wait.

Pretty much...

Basically you purchase the silencer... From there you need to find a dealer in DE that has a Class 3 or Class 2 license in addition to the FFL.  That dealer will send documentation from the dealer or person you purchased the silencer from.  They (the seller) will file a Form 3 with the BATFE so that they can transfer the silencer to your local dealer.

Once that's completed, your local dealer will send in an ATF Form 4 to transfer possession to you.  The Form 4 requires passport photos, fingerprint cards, and a certification.  The certification is basically a signature from a local sheriff, etc.  Short of that you'll need to establish a trust to transfer it to.  That's a complicated process and beyond the scope of this reply... ;)

Once all this is submitted, and you've paid your $200 "transfer tax" the FBI will run a background check, etc...  Once all of that is complete and you get approved you can finally take possession of the silencer from your local dealer.  This can take as long as a few months.

You then need to make sure you ALWAYS keep a copy of that Form 4 with the silencer... ;)

If you decide to make your own silencer instead of buying one, the process is similar except I think it's the ATF Form 1 you have to fill out.  And yes, you still have to pay the tax...

And last but not least... Once all of this is complete, you can NOT transfer or sell the silencer to anyone else without going through the same process with them (Form 4).  You also can't transport it out of the state it's registered in.  (Actually you can, but you have to fill out a Form 5220.20 (don't quote me on that exact form number but I think that's it) and get it approved before hand.  Not exactly something you can do on the spur of the moment!  And if you are moving to another state then there's a whole other procedure you need to follow.  (Not familiar with that one)

It's not as complicated as it probably seems, but it IS time consuming as it can be MONTHS before you ever get your purchase in your own hands...  And the fact remains rather you think it's really worth all the hassle just for something you yourself describe as "novel".

Condition 1

  • Life Member
  • *****
  • Posts: 690
Re: Suppressor/Silencer
« Reply #4 on: May 12, 2011, 05:26:46 PM »
Great post, rusirius!

Thlax

  • Sr. Member
  • ****
  • Posts: 191
Re: Suppressor/Silencer
« Reply #5 on: May 12, 2011, 05:34:52 PM »
Yes. I did say novel. And swill still stand by that.

But wouldn't it still be illegal by DE law as posted above....

rusirius

  • Sr. Member
  • ****
  • Posts: 149
Re: Suppressor/Silencer
« Reply #6 on: May 12, 2011, 06:41:46 PM »
Yes. I did say novel. And swill still stand by that.

But wouldn't it still be illegal by DE law as posted above....

Sure is but if you are a member of the military or law enforcement you're excluded... ;)  Seems rather insane that Maryland one ups Delaware in that regard doesn't it???  ;)
« Last Edit: May 12, 2011, 06:48:15 PM by rusirius »

Thlax

  • Sr. Member
  • ****
  • Posts: 191
Re: Suppressor/Silencer
« Reply #7 on: May 12, 2011, 11:53:40 PM »
Well I'm SOL on my novelty thought then ha. Don't plan on moving in future so oh well!

Maybe Maryland allows it bc they know no one will get that far to even get one....like a CCW!

rusirius

  • Sr. Member
  • ****
  • Posts: 149
Re: Suppressor/Silencer
« Reply #8 on: May 13, 2011, 12:26:25 PM »
Well I'm SOL on my novelty thought then ha. Don't plan on moving in future so oh well!

Maybe Maryland allows it bc they know no one will get that far to even get one....like a CCW!

LOL, oddly I think Delaware is one of only like 5 or 6 states that don't allow them.  But hey, if they are going to control ANYTHING I'd rather have it be the NFA stuff like silencers, SBR's, SBS's, MG's, etc rather than my right to transport and carry standard firearms!!!

Thlax

  • Sr. Member
  • ****
  • Posts: 191
Re: Suppressor/Silencer
« Reply #9 on: May 14, 2011, 12:11:14 AM »
Agreed ;D