Overview of Suppressors
Suppressors, colloquially referred to as silencers, have some of the most complicated and restrictive laws affecting firearms. They may be purchased just like any other firearm in most states, but if a suppressor is purchased in North Carolina, a Form 4 is executed in triplicate and federal income taxes are paid, then the suppressor is stamped and registered by BATFE to your name, serial number, and state. Any prospective criminal defense cases concerning the possession or alteration of suppressors would invariably be based upon the National Firearms Act of 1934, 26 U.S.C. ยงยง 5801-72 (the "NFA"), which requires that particular classes of firearms be taxed, and that each factory-made suppressor be registered with the Bureau of Alcohol, Tobacco, Firearms, and Explosives ("BATFE"). Additionally , ATF has promulgated regulations on how to deal with the number and use of suppressors.
The NFA places such burdens on the use, manufacture and transfer of firearms that the Act is considered by most people to be an unconstitutional infringement on the 2nd Amendment. The only catch is that the 2nd Amendment does not apply to the federal government, so there is no redress for our representatives in Congress. However, the Act does not bind the states directly. Thus, many states, including North Carolina, have enacted complimentary legislation recognizing the registries maintained by the NFA.
In addition to the federal registration paperwork, North Carolina law essentially recognizes that the BATFE stamp satisfies a state registry requirement. North Carolina does not issue its own stamp. If you have the federal stamp, you are considered to have the equivalent of a permit in North Carolina.
Suppressors in North Carolina
Suppressors are legal to own in the State of North Carolina, provided that the suppressor is properly registered with the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Federal law has long required all suppressors to be registered, and North Carolina law explicitly permits the use, purchase, and sale of "silencers" (legally known as "suppressors") under certain conditions. Specifically, suppressors may not be possessed or used "except when the same is used in accordance with the provisions of the federal act," which we presume was a reference to the National Firearms Act (NFA), the primary federal law regulating suppressors.
However, the law also states that a part may also be considered a suppressor "if it is intended for use in a firearm by being attached to or used in connection with another part of the firearm" and that may be injected into a firearm or barrel. We suspect that the "may be injected" provision was included to cover occasional instances where a firearms owner may wish to make his or her own suppressor.
Purchasing a Suppressor in North Carolina
The first step in the process of purchasing a suppressor involves filling out a Form 4 – Application for Tax Exempt Transfer and Registration of a Firearm and paying a $200 application tax. The $200 tax also applies to the purchase of other NFA weapons such as full-auto (machine guns) and short-barreled rifles (rifles with a barrel length of less than 16 inches, or an overall length of less than 26 inches). When purchasing other NFA weapons, however, from a dealer, you must initially fill out a Form 4. When purchasing a suppressor, the completed paperwork must be mailed by the dealer to the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Once the ATF has approved the Form 4 application, they will send you the stamped approved application and it will return to the dealer who will then call you to come pick it up along with your suppressor for your gun. Be aware that purchasing a suppressor is a lengthy and tedious process that can take anywhere from 4 to 6 months to complete.
Who Can and Cannot Use a Suppressor?
The North Carolina General Statutes restrict the use of suppressors. Suppressors may not be used when: any person is within hearing distance, as determined by a reasonable person; shooting on or near a public highway; and, hunting on or near the following categories of areas: public road; public highway; public vehicular area; where livestock is present; and, any construction site. Prior to using a suppressor, the user must have a permit or license unless they meet other qualifications such as employment in law enforcement.
It is permissible to use a suppressor at a shooting range or indoor range. In addition to obtaining the necessary permits and licenses, users have to comply with the rules and regulations of the facilities.
Penalties for Illegal Use of a Suppressor
The penalties for illegal suppressor use in North Carolina may include both felony criminal charges and civil sanctions. To begin with the criminal aspect, that is technically a Class I felony. However, the General Assembly has authority to create exceptions to statutes of this kind. They have proposed a bill which will "downgrade" the suppressor offense to a "Misdemeanor B1." The bill’s status is "referred to committee" as of 4/5/2017 (H65) in the House of Representatives . In other words, this is a bill being considered by the legislature. Its passage would alleviate any issues associated with committing a Class I felony, and downgrade the offense to a misdemeanor level which would be processed at District Court level.
The civil aspect is through NC AOC G.S. 15-5.1. It authorizes civil detentions (i.e. seizing) of those suppressors. It also allows for confiscation of assets (i.e. suppressors). This is also conducted at District Court level.
Recent Amendments to NC Suppressor Law
There have been a number of recent, and ongoing, legislative efforts to do away with some of the administrative hurdles that suppressor owners in North Carolina have to go through. These legislative efforts are driven by a growing recognition that suppressors are a tool for shooters, not a boogeyman. Shooters across the country, in all walks of life, recognize the benefit that suppressors bring to their sport, hobby, or work. Their use should not be restricted or limited because of negative connotations.
Just this month, the House of Representatives passed Bill H.B. 810 – AN ACT TO EXEMPT A PERSON IN COMPLIANCE WITH THE FEDERAL HEARING PROTECTION ACT OF 2017 FROM PAYMENT OF THE ONE HUNDRED DOLLAR ($100.00) APPLICATION FEE FOR A PERMIT TO PURCHASE A SUPPRESSOR WITHIN North Carolina. While this permits individuals without the appropriate federal licensing paperwork to obtain a permit and purchase a suppressor in North Carolina, it would only apply to federal licensees.
The bill has also been referred to the Committee on Rules, Calendar, and Operations of the House. While many are hoping that Governor Cooper will sign the bill into law if it passes the state legislature, it still has a long way to go before its full enactment.
Public Opinion and Advocacy
The public opinion surrounding suppressor ownership in North Carolina is as complicated as the law itself. Broadly speaking, rational arguments can be offered for and against the use of suppressors. Opposition to suppressors is virtually rooted in the belief that their use is designed to conceal the discharge of a weapon and is an inherently secretive purpose. For example, "[s]ilencers ‘might be most attractive to criminals, who could easily hide the devices and gain an advantage …,’ failing to deter potential offenders and instead encouraging the use of "silencers by criminals." Janet Reno, Report No. 115-323, at 29-30 (1995). The Committee on Appropriations recommended in 1995 against loosening the regulations on silencers because, among other reasons, "[t]hese devices would frustrate their further discovery and hearing." Id. at 30 "[E]nforcement of the firearms laws relating to silencers and mufflers would be hampered because the user of the silencer could claim he or she was using it to protect their hearing." Id. Also, the Committee noted "the prevalence of sound-muffling devices being used by criminals." Id. Other purported negative consequences of silencer use contended by opponents include making "it more difficult to distinguish between hunting and poaching" and "hiding the truth as to whether a homicide was a preplanned murder or a crime of passion." Thomas Mauser and James McCarter, Noise Reduction and Silent Killers – Silencers, The Army Lawyer, Article 658, at 2 (June 2007). On the flip side, supporters of suppressor ownership in North Carolina offer just as many rational justifications for its use. Among others, supporters contend the use of suppressors make the practice of gun ownership safer and provide numerous environmental benefits. For example, suppressors unquestionably reduce the noise emanating from firearms, which has a number of benefits. "Loud noises can cause stress not just for people but also for animals." National Shooting Sports Foundation, Silencer Ownership on the Rise, Oct. 2, 2017. Moreover, suppressors reportedly mitigate sound by as much as 95%, making hunting safer for "hunters and for wildlife." Id. Arguments are also offered against the imposition of additional regulations on weapon ownership or use. Gun owners and defenders of the Second Amendment contend that any movement to regulate other firearm-related items is inherently an attempt to take away weapons from law-abiding citizens, often through a "death by a thousand cuts"-style approach to regulation. Thomas Mauser, Legal Rights of Silencer Owners: A 50 State Survey, 63 A.F.U. L. Rev. 1 (Fall 2017). Suppressors are merely one of many items regulated at both the federal and state level that gun owners fear attempts to wholly regulate or prohibit firearms through the regulation of these ancillary items.
Conclusion
In conclusion we hope that the reader has found the above information helpful in understanding the laws in North Carolina regarding suppressors and suppressor ownership. Suppressors are legal in North Carolina if properly registered with the federal government and the federal tax has been paid. Suppressors can be used in any area where hunting or firearm use is permitted by county ordinance or state law. There are no restrictions on suppressor use in the home or on range and firearms sporting games. Purchasers should also be cautioned regarding the restrictions on who can purchase a suppressor and that they should follow the above mentioned guidelines when purchasing a suppressor.