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Thread: Silencer

  1. #1
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    Does anyone know of the laws in VA. regarding silencers or suppressors on firearms? I would like to thread the barrel of one of my .22 rifles for a silencer so that when I go squirrel hunting the little tree rats won't be able to hear me. Well, that and the fact that it will be cool to have and use a silencer. Anyway, I don't know what VA laws are and I don't want to take any chances with something that could get me in a whole lot of trouble. Thanks.

  2. #2
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    Looks like you can have one, as long as it is registered. Don't know what it takes to register a firearm and silencer. Other code sections described limitations of silencers and supressors on center-fire firearms, including rifles, assault rifles, and pistols...exempted by being on one's own property or with CHP. The following statute seems to trump all that...of course IANAL.

    I just did a search on LIS for "silencer" and it brought up 8 different laws with that string. All are firearms related.



    § 18.2-308.6. Possession of unregistered firearm mufflers or silencers prohibited; penalty.
    It shall be unlawful for any person to possess any firearm muffler or firearm silencer which is not registered to him in the National Firearms Registration and Transfer Record. A violation of this section shall be punishable as a Class 6 felony.
    (1990, c. 413.)







  3. #3
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    I believe you have to pay a fee to register one too. Something like $300 or $500 or something. That's what I read the last time I looked it up. I don't remember the price exactly.

    I'd like to have one myself to take care of garden pests on my property.

  4. #4
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    What is LIS? BTW thanks for the info.



  5. #5
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    This site may interest you.

    http://www.mp5.net/info/sbsconr.htm

    It shows you a breakdown for all states.

    You can own a silencer in Virginia. First.. you buy it and the dealer will help you send in your paperwork to the BATF. You pay a one time $200 tax and once approved.. you get to take it home!!

  6. #6
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    72Malibu wrote:
    I believe you have to pay a fee to register one too. Something like $300 or $500 or something. That's what I read the last time I looked it up. I don't remember the price exactly.

    I'd like to have one myself to take care of garden pests on my property.
    You have to fill out a Form 4 with the ATF and have the Cheif LEO of your county, city, whatever sign off on it. and pay the $200 transfer tax, in addition to the cost of the supressor.

  7. #7
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    I remember it being something like that. I remember the $$ being higher, but I probably got some bad info.

  8. #8
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    riegnman wrote:
    What is LIS? BTW thanks for the info.
    LIS is the "Legislative Information System". You can research legislative sessions, code of Virginia, VA constitution, etc here. The URL is:

    http://leg1.state.va.us/lis.htm

  9. #9
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    The $200 tax has been in place since the 1930's when registration began. $200 was a huge chunk back in the day as was meant to discourage most people from getting Machine guns and suppressors. The feehas never been increased.

  10. #10
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    A .22 cal is a"rim-fire" and not a "center-fire"

    If your weapon is a center-fire and threaded by the "manufacturer" you cannot walk around with it in public unless you have a CC permit. So it seems there is a loophole... You go have the barrel threaded on your own and keep proof it was done by someone other that the manufacturer.


    § 18.2-287.4. Carrying loaded firearms in public areas prohibited; penalty.

    It shall be unlawful for any person to carry a loaded (a) semi-automatic center-fire rifle or pistol that expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine that will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (b) shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered on or about his person on any public street, road, alley, sidewalk, public right-of-way, or in any public park or any other place of whatever nature that is open to the public (i) in any city with a population of 160,000 or more or (ii) in any county having an urban county executive form of government or any county or city surrounded thereby or adjacent thereto or in any county having a county manager form of government.

    The provisions of this section shall not apply to law-enforcement officers, licensed security guards, military personnel in the performance of their lawful duties, or any person having a valid concealed handgun permit or to any person actually engaged in lawful hunting or lawful recreational shooting activities at an established shooting range or shooting contest. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.

    The exemptions set forth in § 18.2-308 shall apply, mutatis mutandis, to the provisions of this section.


  11. #11
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    Great! Thanks for all of the info guys.

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    Here is some interesting reading about the tax.

    http://www.gunlawnews.org/NFA-34.html

  13. #13
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    Reverend73 wrote:
    72Malibu wrote:
    I believe you have to pay a fee to register one too. Something like $300 or $500 or something. That's what I read the last time I looked it up. I don't remember the price exactly.

    I'd like to have one myself to take care of garden pests on my property.
    You have to fill out a Form 4 with the ATF and have the Cheif LEO of your county, city, whatever sign off on it. and pay the $200 transfer tax, in addition to the cost of the supressor.
    Can your Chied LEO of your county refuse to sign off on it, just because they don't want it in their county? Or must their be a good reason not to sign it?

  14. #14
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    Joxer wrote
    Can your Chied LEO of your county refuse to sign off on it, just because they don't want it in their county? Or must their be a good reason not to sign it?
    Yes, they can deny you. Last time I checked they do not have to have a good reason. Some will sign off for a supressor and deny Class 3/full auto while others will allow Class 3 and deny supressors.

  15. #15
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    You guys are missing one other point. It is legal to own and use a weapon with a sound suppressor, aka silencer,while complying with federal and state registration requirements. However,use of same for hunting may be illegal or restricted, e.g., allowable for animal control, forbidden for hunting squirrels, rabbits, etc.. Check VA game laws.

  16. #16
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    Scheetz wrote:
    Joxer wrote
    Can your Chied LEO of your county refuse to sign off on it, just because they don't want it in their county? Or must their be a good reason not to sign it?
    Yes, they can deny you. Last time I checked they do not have to have a good reason. Some will sign off for a supressor and deny Class 3/full auto while others will allow Class 3 and deny supressors.
    If the chief LEO refuses to sign, you can ask the BATFE for a list of others that would be acceptable......they will send you a list that includes judges, chief state police officer etc.....whomever is on the list must have jurisdiction in the area that you live.
    NEVER, under any circumstances, "play around" with anything "NFA"....get legal first......even a shoestring can subject you to "10 years & $10,000".......... http://www.jpfo.org/shoestring.jpg

  17. #17
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    Conaso wrote:
    You guys are missing one other point. It is legal to own and use a weapon with a sound suppressor, aka silencer,while complying with federal and state registration requirements. However,use of same for hunting may be illegal or restricted, e.g., allowable for animal control, forbidden for hunting squirrels, rabbits, etc.. Check VA game laws.
    I can't find anything on VADGIF website. Here's what they have to say:

    • Shotguns must not be larger than 10 gauge.
    • Shotgun magazines must be plugged with a plug that cannot be removed from the loading end so the gun will hold a total of no more than three shells.
    • Shotgun barrels must be at least 18 inches long.
    • Shotguns with rifled barrels are permitted in areas where slugs may be used (see Local Firearms Ordinances).
    • No restrictions on shot size except for spring gobbler season when it is unlawful to have any shot in possession larger than number 2 fine shot while hunting.
    • Rifles used for deer or bear must be .23 caliber or larger.
    • Rifles may be used for taking wild animals and birds, except migratory game birds and waterfowl, and where prohibited by local ordinances (see Local Firearms Ordinances pg. 23).
    • Rifles, pistols, and revolvers may be used for hunting crows, except where prohibited by local ordinances (see Local Firearms Ordinances)
    • Pistols and revolvers firing .22 caliber rimfire ammunition and muzzleloading pistols may be used for small game where .22 rifles are permitted (see Local Firearms Ordinances).
    • Archery tackle may be used for hunting wild birds and animals. (See Archery/Crossbow/Muzzleloading License Requirements).
    • Muzzleloading shotguns, muzzleloading rifles or archery tackle may be used to hunt during the firearms seasons where not prohibited (see Local Firearms Ordinances and Archery/Crossbow/Muzzleloading License Requirements).
    • All game birds and animals, except deer, may be hunted with shotguns from boats. Hunters must have permission from the landowner to hunt/retrieve game located on private land.
    • Pistols and revolvers are lawful for deer and bear hunting only in those counties where hunting deer and bear with rifles is lawful. Cartridges used must be .23 caliber or larger and have a manufacturer's rating of 350 foot-pounds muzzle energy or more.
    • Concealed handguns may be in the possession of hunters during the archery and muzzleloading seasons when they also possess a valid concealed handgun permit. Such handguns may not be used to shoot wild animals during these seasons.
    • Crossbows are legal to use by any hunter.
      • If a crossbow is used during an archery season (including the urban archery season) the hunter must have a crossbow license.
      • Disabled hunters unable to use conventional archery equipment will no longer need a doctor's certification to use a crossbow. A disabled hunter will need a crossbow license when using a crossbow during an archery season.
      • If a hunter chooses to use both conventional archery tackle and a crossbow during an archery season, they will need both an archery license when using the conventional bow and a crossbow license when using the crossbow.
      • If a hunter chooses to use a crossbow during the firearms season, no crossbow license will be required (just as there is no requirement for a person to have an archery license if using conventional archery equipment during the firearms season).
      • The laws governing the use of archery tackle also apply to crossbow tackle.

    I am still looking. Thanks.

  18. #18
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    You CANNOT possess a Machine Gun, Sound Suppressor, Short Barrel Rifle or Shotgun unless you have paid the tax to the ATF! There are NFA weapons. "National Firearms Act"

    It does not matter what the state code says about possession. You WILL go to jail for failing to pay the tax first! The ATF will lock you up.. not the state.

    You buy it, dealer holds it.

    Dealer fills out the form

    You get prints and a photo taken

    If you form a corporation... you can skip the CLEO signature and photo.

    You submit the applicationto your local CLEO (In most places.. a designated Representative for the Sheriff will be responsible. Your dealer will know exactly who you need to contact)

    They do a background on you just like for the CC permit and sign. 99.9% will sign.

    You submit your signed app, prints cards, photo, and $200 check to BATF.

    Wait 30 + days and they send back your app with a $200 tax stamp affixed to it. This document or a copy MUST travel with the NFA item at all times. You must provide it upon request.

    If you want to take the NFA item out-of-state.... You have to submit a request to the AFT before you go. The signed form that is returned gives you permission to travel through states where the items are banned as long as you do not stop over for any extended period of time.


  19. #19
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    Comp-tech wrote:
    If the chief LEO refuses to sign, you can ask the BATFE for a list of others that would be acceptable......they will send you a list that includes judges, chief state police officer etc.....whomever is on the list must have jurisdiction in the area that you live.
    NEVER, under any circumstances, "play around" with anything "NFA"....get legal first......even a shoestring can subject you to "10 years & $10,000".......... http://www.jpfo.org/shoestring.jpg
    Never seen a shoesting in operation... Have any photos of the item??

  20. #20
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    Conaso wrote:
    You guys are missing one other point. It is legal to own and use a weapon with a sound suppressor, aka silencer,while complying with federal and state registration requirements. However,use of same for hunting may be illegal or restricted, e.g., allowable for animal control, forbidden for hunting squirrels, rabbits, etc.. Check VA game laws.
    You can actually kill squirrels at anytime....

    § 29.1-516. Game animals.

    The following provisions shall apply to the killing and hunting of the particular game animals listed:

    Black bear. - Black bear may be killed by any person when (i) it is inflicting or attempting to inflict injury to a person, or (ii) when a person is in pursuit of the bear commenced immediately after the commission of such offense. Any person killing a bear under this provision shall immediately report the killing to a state game warden.

    Deer. - It shall be unlawful for a person to kill or attempt to kill a deer in the water of any stream, lake or pond. It shall be unlawful to hunt deer with dogs in the counties west of the Blue Ridge Mountains.

    Fox. - There shall be a continuous open season for hunting with dogs only. The hunting or pursuit of foxes shall mean the actual following of the dogs while in pursuit of a fox or foxes or managing the dog or dogs while the fox or foxes are being hunted or pursued. Foxes may be killed at any time by the owner or tenant of any land when such animals are doing damage to domestic stock or fowl.

    Rabbits and squirrels. - It shall be unlawful to kill rabbits and squirrels during the closed season; however, the following persons may kill rabbits or squirrels for their own use during the closed season:

    1. A landowner and members of his immediate family;

    2. Resident members of hunt clubs who own the land in fee, either jointly or through a holding company;

    3. Tenants residing on the premises, with the written permission of the landowner.

    When such animals are committing substantial damage to fruit trees, gardens, crops, or other property, the owner of the premises may kill the animals or have them killed under a permit obtained from the game warden.

  21. #21
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    You may also form a revocable living trust to own the NFA items as well as other items. They must be notarized(the trust) but that's it. Hypothetically, you would be both the grantor, and the trustee of your living trust.

    Keep your trust paperwork with you.No prints, no pictures, no CLEO gyrations. FWIW, in FC this process adds 2-4 weeks. The Feds are running approximately 30 days from the time the check for the tax stamp is cashed to approval.

    As LEO said, interstate travel requires a form 5320.20, available online, filled out in advance. Turnaround for these is 1-4 days. You can fax them inand they'll grant transport permission for up to a year.

    LEO, any word yet on yours?

  22. #22
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    LEO 229 wrote:
    You CANNOT possess a Machine Gun, Sound Suppressor, Short Barrel Rifle or Shotgun unless you have paid the tax to the ATF! There are NFA weapons. "National Firearms Act"

    It does not matter what the state code says about possession. You WILL go to jail for failing to pay the tax first! The ATF will lock you up.. not the state.

    You buy it, dealer holds it.

    Dealer fills out the form

    You get prints and a photo taken

    If you form a corporation... you can skip the CLEO signature and photo.

    You submit the applicationto your local CLEO (In most places.. a designated Representative for the Sheriff will be responsible. Your dealer will know exactly who you need to contact)

    They do a background on you just like for the CC permit and sign. 99.9% will sign.

    You submit your signed app, prints cards, photo, and $200 check to BATF.

    Wait 30 + days and they send back your app with a $200 tax stamp affixed to it. This document or a copy MUST travel with the NFA item at all times. You must provide it upon request.

    If you want to take the NFA item out-of-state.... You have to submit a request to the AFT before you go. The signed form that is returned gives you permission to travel through states where the items are banned as long as you do not stop over for any extended period of time.
    So basically what I'm hearing is that it turns out to be a money raquet? If you are clean and willing to pay the $200 for the "privilege" to own one, you can. If you are not clean, however, you can buy one but run the risk of going to jail. Which probably doesn't matter to you if your background check isn't clean and you want a fully automatic weapon. Does that sound about right? :-)

  23. #23
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    Mr. Y wrote:
    ...snip

    LEO, any word yet on yours?
    Ihave had mine for almost two weeks. I is so purdy!!! :celebrate I got a good deal according to my local Class 3 Guy.

    I made a color copy of the form and laminated it. Looks like the actual document.



  24. #24
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    what did you get?

  25. #25
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    riegnman wrote:
    So basically what I'm hearing is that it turns out to be a money raquet? If you are clean and willing to pay the $200 for the "privilege" to own one, you can. If you are not clean, however, you can buy one but run the risk of going to jail. Which probably doesn't matter to you if your background check isn't clean and you want a fully automatic weapon. Does that sound about right? :-)
    Ya.. Tax, tax, tax...... Gotta pay the tax. But at least we can still own these NFA items. In May 1986 the gun control act kicked in, again. You cannot buy any machine guns made after the act was signed... You have to buy those registered before hand. Like mine. Very expensive.

    You couldmake a sound suppressor but you will not be able to legally buy one from anyone. They are all registered with the ATF so the current owner wouldhavehis name attached to it.The penalty is heavy for unregistered possession!! People do get caught too.

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