Home Forums Hunting & Shooting Air Guns Are Silencers legal in the USA on air guns ?

I was wondering are Silencers legal in the USA on air guns ?
Does BTAF also regulate air guns

BATF does not regulate air guns.

However, silencers/suppressors are regulated as individual entities. They are NOT illegal, you only need to follow the regulations on owning/using them, and you're good to go.

That applies to air guns and firearms, as the silencer/suppressor doesn't care to which it is mounted, nor does BATFE.

Where can one find the regulations for silencers/suppressors

Minnesota has a statute on the books that makes them illegal!
There is "No-Way" for a civilian to own/possess one up here,but you can purchase(with tax stamp)and own them in ND,SD and WI.
Best thing to do is head to the suppresser manufacturers web-site.
Most if not all have info on which states allow private ownership of suppresser's.
Mike

State laws can do exactly that (and it SUCKS!!!!), but since the original question was re: the entire U.S. the answer necessitated a "no, they aren't illegal carte blanche in the U.S."

That said, check your state laws.

TackDriven, check the BATFE website, and then your state DOJ website.

Here is some information that I got from another forum.

Here is the ruling from the BATF concerning Paintball guns.
Silencers are licensed reguardless of what they are installed on. The general feeling is if they can be removed from the airgun they can be reinstalled on a firearm. I think the key word is integral and remember this BATF response is directed to Paintball guns and does not address airguns. The BATF is not responsible for airguns. They will not tell you if they are illegal on airguns as they do not make rulings on airguns they do make rulings on silencers. Just because they are traded and sold on the airgun sites does not make them legal.

18 U.S.C. 921(a)(3): DEFINITIONS (FIREARM)
18 U.S.C. 921(a)(24): DEFINITIONS (FIREARM MUFFLER AND FIREARM
SILENCER)
26 U.S.C. 5845(a)(7): DEFINITIONS (FIREARM)
26 U.S.C. 5845(i): DEFINITIONS (MAKE)
Certain integral devices intended to diminish the report of paintball guns are
not �firearm silencers� or �firearm mufflers� under the Gun Control Act of 1968 or
the National Firearms Act.
ATF Rul. 2005-4
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has received
requests from manufacturers of paintball guns for evaluation and classification of
integral devices intended to diminish the report of a paintball gun. Specifically, the
manufacturers have asked whether the device would be considered a �silencer� as
defined in the Gun Control Act of 1968 (GCA), 18 U.S.C. Chapter 44, and the
National Firearms Act (NFA), 26 U.S.C. Chapter 53.
The sample submitted is a paintball gun with a ported device attached to the
barrel. The paintball gun uses compressed air to expel a projectile. The paintball
gun has a barrel with a smooth bore 12 1/4 inches long and 1 inch in diameter.
The barrel is permanently welded to the paintball gun. The section of the barrel
that the device is attached to has an internal diameter of .68 inches and is ported
with 20 openings. Ten of the openings are rectangular in shape and are
approximately .430 inches wide and 1 inch in length. The other 10 openings are
oval in shape and approximately .25 inches wide and 1 inch in length. Two end
caps, each with a diameter of 1.5 inches, are permanently welded to the barrel at
either end of the ported section of the barrel. A section of plastic tube
approximately 8 inches in length and 2 inches in diameter covers the ported
section of the barrel. It is attached by sliding over the paintball gun barrel and is
held in place by two rubber �O� rings that are affixed to metal bushings. These
metal bushings are permanently welded to the barrel, one toward the rear and one
at the muzzle end of the barrel. The plastic tube, however, can be removed.
To determine whether the ported barrel and outer sleeve would function as a
silencer, it was removed by cutting with a hack saw. A threaded adaptor with tape
wrapped around it was utilized so the device could be attached to a .22 caliber
Ruger Mark II pistol. With the device attached, a sound meter test was performed,
with five shots being fired with the device attached and five shots fired without the
device attached. The testing indicated that the attachment of the device resulted
in a 7.98-decibel sound reduction.
The GCA defines the term �firearm� as:
(A) any weapon (including a starter gun) which will or is designed to or may readily
be converted to expel a projectile by the action of an explosive; (B) the frame or
receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any
destructive device. Such term does not include an antique firearm.
18 U.S.C. 921(a)(3)(C).
The definition of �firearm silencer� and �firearm muffler� in 18 U.S.C. 921(a)(24)
provides as follows:
The terms �firearm silencer� and �firearm muffler� mean any device for silencing,
muffling, or diminishing the report of a portable firearm, including any combination
of parts, designed or redesigned, and intended for use in assembling or fabricating
a firearm silencer or firearm muffler, and any part intended only for use in such
assembly or fabrication.
The NFA defines the term �firearm� to include any silencer as defined in section
921 of the GCA. 26 U.S.C. 5845(a)(7).
The term �make� is defined in the NFA to include manufacturing, putting together,
altering, any combination of these, or otherwise producing a firearm. 26 U.S.C.
5845(i).
The paintball gun examined by ATF is not a �firearm� as defined, because it does
not, is not designed to, and may not be readily converted to expel a projectile by
the action of an explosive and does not utilize the frame or receiver of a firearm.
The sole issue presented is whether the ported barrel and outer sleeve are a
firearm muffler or firearm silencer as defined in the GCA and NFA.
The design characteristics of the ported barrel and outer sleeve are similar to
those of conventional commercial silencers. The barrel is ported to allow the
escape of gases from a fired round and the outer sleeve dampens or muffles the
sound when a round is fired. Moreover, the sound meter test indicates a reduction
of 7.98 decibels when the ported barrel and sleeve were attached to a .22 caliber
pistol, which is consistent with the sound reduction resulting from the use of
commercial silencers.
Noteworthy, the definition of �firearm silencer� and �firearm muffler� requires that
the device be one for diminishing the report of a portable firearm. The device
under consideration is permanently attached to and an integral part of a paintball
gun, which is not a firearm as defined in the GCA or NFA. The device cannot be
removed from the paintball gun without destroying the barrel and rendering the
paintball gun unusable. Under these circumstances, the integral device is not a
firearm muffler or firearm silencer.
However, once the device is cut from the paintball gun, it can be used to diminish
the report of a firearm. As stated previously, the design characteristics of the
device are consistent with those of commercial silencers, and testing indicates that
the device functions to reduce the report of the firearm. Moreover, removal of the
device from the paintball gun indicates some intention to utilize the device for
something other than reducing the report of the paintball gun. Because the device
will no longer be permanently attached to an unregulated item, and because of its
silencer design characteristics, removal will result in the making of a silencer under
the NFA and GCA. This is consistent with the definition of �make� in the NFA, as
removal of the device results in production of a silencer.
Making of a silencer by an unlicensed person for personal use does not require
any license or notification to ATF under the GCA. However, under the NFA the
making of a silencer must be approved in advance by ATF. Unlicensed persons
must file an ATF Form 1, Application to Make a Firearm, pay a $200 making tax,
and comply with all other provisions of the law prior to making the firearm.
Approval of the Form 1 results in registration of the silencer to the maker.
Subsequent transfers of the registered silencer must be approved in advance by
ATF. Possession of a silencer not registered to the possessor, and a making or
transfer that does not comply with the NFA and regulations are punishable by
imprisonment for up to 10 years, a fine of $250,000, or both.
Held, a device for an unregulated paintball gun, having a permanently
affixed, integral ported barrel and other components, that functions to reduce the
report of the paintball gun is not a �firearm silencer� or �firearm muffler� as defined,
as the device is not one for diminishing the report of a portable firearm.
Held further, removal of the permanently affixed ported barrel and other
components from a paintball gun is a �making� of a silencer under the GCA and
NFA that requires advance approval from ATF.
Date approved: October 12, 2005
Signed by:
Carl J. Truscott
Director

Beautiful...

Now they have a precedent ruling within the BATFE if/when someone (hint, hint) sends them a similarly configured air rifle.

If the noise reduction device is permanently affixed, the ruling is VERY likely to be VERY similar.

If it is detachable, and thus could be transfered to a firearm, then it may come out differently.

Regardless, unless state law forbids a firearm silencer, BATFE will issue a permit to a qualified individual.

...there already is a suppressed US made air rifle... The Talon SS... no?

Bob

Why would one need a supressed air rifle? Just wondering, as all of the air guns that I have ever been around were quiet enough to not be heard, if some wiley varmint happened to enter your backyard or someing along those lines... <img src="/ubbthreads/images/graemlins/wink.gif" alt="" />

Would someone that really knows tell me what's the bad thing about a silencer on anything ?

Bigbuck, there is nothing wrong with a silencer on anything. Back in '34 when the NFA was passed, silencer's were lumped into the same category as machine guns. This was due to many factors including but not limited to; Government fear from the 'bonus army' WWI vets march on washington, Press fear mongering, liberal's push to ban any kind of weapons or anything to do with weapons(yes, that is nothing new to this day and age), outright lies for political gain, etc...... There is absolutely no LOGICAL reason to outlaw/regulate suppressor's/silencer's. In countries with some of the strictest gun control around, you can walk into any store catering to shooting sports and buy them off the shelf.

Why doesn't the word "intent" carry the day? As long as my intention is to use them on airguns then they are legal. this would be evidenced by caliber .177 being less likely to be a firearm caliber, and construction materials used. In addition a screw on type that you possessed in conjunction with a threaded air gun barrel, while not owning a threaded firearm, would have meaning under the intent provision too.

Powerful air guns are noisier than cb caps in a 22RF, esspecially if the CB cap is fired from a long rifle barrel.

It is time to scrap the National Firearms Act taxation scheme, and go to letting citizens get an "enthusiasts" recognition card for possession of "Title 3, NFA, & Destructive Devices" currently regulated by BATF if a Judge, Sheriff, or Police Chief will vouch for you and you pass a one time backround check. You should be able to carry concealed and mail firearms without a dealer after getting your Firearms Enthusiast recognition.

You would think a CWP should be good enough for any kind of firearms activity, air or powder.