Suppressor Law Overview in Pennsylvania
Currently in the state of Pennsylvania, suppressors are classified as legal to own provided they are registered properly federally with the Bureau of Alcohol Tobacco and Firearms (BATF). Although certain states such as New York State view suppressor ownership as illegal, the Pennsylvania Unformity of Penological Statutes Act does not deem suppressors to be considered illegal weaponry. Furthermore , there is no permit requirement to own a suppressor in the state of Pennsylvania. Many PA residents choose to take advantage of the unregulated status of suppressor ownership because of the advantage it gives hunters and recreational shooters of experiencing shooting with less noise, as well as the lower recoil on the part of suppressed firearms, making for a better shooting experience. The only federal requirement for suppressor ownership is that they need to be registered with the BATF prior to transferability.
State vs Federal Suppressor Law
Federal and state gun laws are unique and separate concepts. Guns, suppressors, ammunition, and the like all fall under a very nuanced regulatory scheme subject to different rules and restrictions at the federal and state level. The federal government sets the "floor," meaning that states cannot be more permissive than federal law with regard to firearms and accessories. However, states can exercise their police powers to restrict the bona fide ownership of firearms and accessories. In Pennsylvania, the law is squarely on the side of the gun owner. Most gun restrictions in Pennsylvania happen at the local level through ordinances, however, these local regulations have significantly less force and effect than do state-regulated or state-enforced restrictions. Therefore, we find that there are very few restrictions on gun rights in the Commonwealth.
On the federal side, there is a patchwork of regulations. Firearms can be restricted based on a number of factors, including but not limited to, state of residence, state of purchase, licensing and tax requirements, and much more. The Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (commonly referred to as the ATF) is the agency responsible for the enforcement of these laws and regulations. On the issue of suppressor legality, federal law on suppressors is short and simple. A suppressor can only be purchased by those that hold a federal tax stamp under the National Firearms Act (NFA). This is a very delicate issue that is beyond the scope of this article, however, we can summarize by saying that a suppressor is legally possessed when the deal has been approved by the ATF, which includes completion of a form 4 application, fingerprinting, background check and payment of the $200.00 tax.
So, can I legally own a suppressor in Pennsylvania? Yes. With regard to the suppressor itself (and not the particulars of the deal), we find that Pennsylvania law offers no bright line test, however, gun owners should be forewarned to tread lightly. There are significant differences between the federal and state law treatment of suppressors. Federal law does not mention pistols, regardless of barrel length; which means that any pistol suppressor purchased pursuant to federal law is a legal suppressor in Pennsylvania. However, there is a law on the books with regard to shotgun suppressors. While there is no requirement that item be a shotgun, it must be "identified as a shot-barrel" by the manufacturer. It’s likely that this dated provision is referred to as a "shotgun muffler," the term that was commonly used in the 1930s and 1940s as the federal government began to regulate suppressors. In summary, it is likely that any suppressor that accommodates a rifle or pistol barrel is perfectly legal in Pennsylvania.
Federal law and Pennsylvania law clearly diverge with respect to an individual’s ability to possess a suppressor. Only about 10,000 firearms are regulated under the NFA, meaning that only a limited number of suppressors are sold each year. Taking into account this very small market, some municipalities and counties, often overwhelmed by federal gun control efforts, have sought to enforce local laws against firearm suppressors. These local ordinances vary throughout the Commonwealth. Before investing in a suppressor, it is best to be aware of local regulations and get a sense for how suppressors are treated in that jurisdiction.
Suppressor Ownership Requirements
Unfortunately, there exists a fair amount of misinformation regarding the requirements for an individual to purchase and own a suppressor in Pennsylvania. The relevant statutes are 34 Pa. C.S.A. 923 and 6111.2 and 18 Pa. C.S.A. 6111, which are the codified game and firearms laws of Pennsylvania, respectively. The following is a short list of requirements that must be met to obtain a Class 3 tax stamp from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) which would allow an individual to legally acquire and possess a suppressor in Pennsylvania.
- The Form 4 application for National Firearms Act (NFA) Item, otherwise referred to as the 5320.4 application, must be filled out completely and with accurate information.
- The $200.00 tax must be paid in a timely manner.
- The fingerprint cards with the Form 4 application must be signed and filled out.
- A check of the Sheriff in your county or jurisdiction who has jurisdiction over your place of residence must be duly completed prior to the application being submitted to the BATFE. The process CANNOT begin until the completed Form 4 application is in the hands of the BATFE.
- This is the most important requirement of all, purchase the suppressor.
Advantages of Suppressors
The primary benefit of using a suppressor is noise reduction. Suppressors also reduce recoil and muzzle rise. The latter benefits are more noticeable on rifles, especially when used in rapid fire situations.
Generally, if any sound is made by the projectile leaving the barrel at 1,125 feet per second or more, it will make a supersonic crack as it passes the speed of sound. Subsonic ammo is available, whenever possible, to keep the round’s speed below that threshold. While lower muzzle velocity helps to mitigate the sound, a suppressor alone will not make the gun silent in this case.
Certainly, as a matter of homeowner’s safety, the reduced noise caused by a reduced sound signature is desirable for use in close quarters. The lack of a large, visible muzzle flash and a greatly lessened report may be beneficial for hunting, as it reduces the likelihood of spooking animals. Practically, the ability to continue shooting without the recoil associated with a muzzle blast could be beneficial when firing multiple rounds, as a shooter would get back on target faster. Additionally, given Pennsylvania’s hunting regulations, the lack of a large muzzle flash and loud report may have an impact on hunting deer in the post-October timeframe.
Criminal Penalties for Suppressor Misuse in Pennsylvania
As with many things, there are consequences in the Keystone State. In Philadelphia, a person commits a felony of the second degree if he knowingly and intentionally possesses, sells, or otherwise transfers a firearm silencer . A felony of the second degree is punishable by up to ten years in prison and up to $25,000 in fines, plus attempts to enforce this law may result in additional charges of similar offenses from adjacent municipalities.
Unless the case is very simple, an attorney should handle the matter directly with the District Attorney’s Office. A local attorney should be able to handle the matter at initial hearing.
Current Law and Legal Developments
Suppressors were first outlawed in Pennsylvania in 1933. Since then, a great deal has changed in the state and the country as a whole. However, the owners of suppressors were still considered criminals after the end of Prohibition.
After all this time not being allowed in Pennsylvania, the Pennsylvania Senate passed Bill 200 as the first step in bringing suppressors to legality. It was only a small step, though, as it was only meant to ensure that there would be a proper definition of suppressors in Pennsylvania gun law.
Even this minor step faced opposition, though, as it was sent to the judiciary committee even though it was meant to go directly to vote. Three Democratic senators and one Republican senator on the Republican-controlled judiciary committee brought it to a vote without any discussion or debate. Although it only went to a vote after over an hour of debate on unrelated issues, the results were still shocking. It ended up going down, as 12 senators voted against returning the bill to the calendar to allow it to go to vote.
However, the case is not over, as there is another bill in the pipeline that has been approved by all committees and is only awaiting a final vote. If this bill is approved, it will allow suppressors to become legal in Pennsylvania.
This means that suppressors would finally be legal for use in Pennsylvania, granting the right back to gun owners. Having gone over the history of suppressors in America as well as in Pennsylvania, there are a few things that can be learned. Suppressors were outlawed due to the tobacco smoke that they had previously been said to produce.
After going almost a century with suppressors being illegal in Pennsylvania, gun owners in the state are finally seeing what May bring the return of suppressors as legal products. This even includes the Ryan Gregory Act, which was passed in response to the Sandy Hook Elementary School shooting in Connecticut.
In Pennsylvania and around the country, suppressors were used as an alternative to other legal channels to acquire firearms. At the same time, this has opened up a black market that has moved thousands of firearms across state lines. As their use is becoming re-legalized, certainly will cut back on the need for an illegal black market for firearms.
Common FAQs about Suppressor Use in Pennsylvania
If you have a suppressor, or you’re considering buying one, but you have questions about its legality or use, read on for answers to some of the most common questions you may have.
Are suppressors legal in Pennsylvania?
Yes – but only for individuals who are at least 21 years of age and who apply and receive federal and state approval (permits) in advance of purchasing one.
Are suppressors legal in Philadelphia?
While there are some areas of the city where the use of suppressors is completely prohibited, the vast majority of areas do permit their use. Be sure to check local ordinances for more information.
Are suppressors silent?
The answer to this question depends on what you’re comparing its sound to. Compared to the noise a firearm would otherwise make , a suppressor can cut the sound by up to 40 decibels. That’s about the same sound as a motorcycle.
Are suppressors hard to put on a gun?
For the most part, no. While some types of suppressors – such as the Dirty Harry model – can be difficult to install onto a gun, most can easily be fitted. If you aren’t sure about how to attach your suppressor appropriately, consider having a professional help you install the device.
Do I need to use special ammunition in a suppressed firearm?
Most of the most popular firearms can be fitted with suppressors, and most commonly available ammunition works with the suppressor. However, if you’re using a less common firearm or type of ammunition, it’s recommended to check with the manufacturer first to ensure that it’s appropriate to use the suppressor on your firearm and appropriate to use the ammunition that you’ve chosen.