The Muzzle Flip Compensator (MFC) for airguns is legal to own in all U.S. States, without any special requirements. A modified MFC, with an optional baffling kit installed, is considered a removable silencer by the government & is subject to the legal requirements below.

Contrary to popular belief, removable Silencers are legal to own under federal law. There are, however, 16 states, plus the District of Columbia , that prohibit the civilian ownership of removable Silencers. At this time, the following states allow private ownership of removable Silencers: AL, AR, AK, AZ, CO, CT, FL, GA, ID, IN, KY, LA, ME, MD,MS, MT, ND, NE, NV, NH, NM, NC, OH, OK, OR, PA, SC, SD, TN, TX, UT, VA, WA,WV, WI, and WY. Of the sixteen states which do not allow civilian ownership, CA, IA, KS, MA, MO, and MI allow class 3 dealers and class two manufacturers to possess removable Silencers.


Removable Silencers, like machine-guns, are proscribed under the National Firearms Act (NFA) of 1934, and are regulated by the Bureau of Alcohol, Tobacco, and Firearms {BATF}. The procedure for owning a removable Silencers may seem daunting at first, but actually requires less paperwork than buying an automobile. The buyer then has the chief law enforcement officer (Sheriff, Chief of Police, head of state police agency, district attorney, a judge with the power of arrest, or any other law enforcement officer approved for this procedure by the National Firearms Act branch of the BATF) sign the rear of the Form 4 attesting the prospective purchaser does not possess a criminal record and is not wanted. The two fingerprint cards must be completed and signed by a law enforcement agency. The completed paperwork is then sent to the Department of the Treasury with a check or money order for $200.00. The $200.00 is known as a transfer tax, as it must be paid each time ownership of the removable Silencer / Moderator / Sound Suppressors is "transferred" (in this case, the dealer to the prospective purchaser). As long as the silencer is owned by the same person, the tax need not be paid again. Only if the owner sells it will a new transfer tax need to be paid. An owner may will his silencer to a lawful heir, with no tax incurred.

Once the paper work is submitted, it normally takes less than sixty days to receive the approved, stamped paperwork from NFA Branch. It is only upon the return of the approved paperwork that the dealer can allow the prospective purchaser to take possession of his new silencer. A copy of the approved paperwork must accompany the silencer at all times (the original should be stored in a safe deposit box). Removable Silencers can be transported to other states which allow their ownership, but to transport a removable Silencers into one of the sixteen states which prohibit private ownership can subject the owner to serious state felony charges.

The Truth about the Legality of “Silencers” and how to make yours legal:

Yes removable Silencers are not illegal IF you register it with the BATF.
Porting on a barrel is not considered a “Silencer” since it is integral with the structure of
the barrel and the “Porting” obviously can’t be modified for a Firearm and is not portable, Yes there are quite ported barrels out there, but porting in the barrels cannot be transported to
or adapted from the paint barrel to a true firearm. It sounds like silly splitting of hairs and very
obvious to you and I, but, the Distinction is VERY important to Governmental types, and is the
difference between a $50,000 fine and/or 5 yrs in a Federal prison.
We have all seen the “Barrel Extensions” from certain paintball sites, that claim to improve
accuracy, and they say “Don’t ask us how much it silences the gun”. These devices are built on the same
principles and construction techniques as in some of the “How to build a Disposable silencer” type
books like the one by Hayduke, published by Palidin press.

Here is how to get it legally registered:
• Fill out a Form 1, (to make a firearm, yes, you use this form for suppressors too
instructions on back gives the “How to”). You can down load the form, or
get the BATF to mail a “To Make” packet, includes all the things you need.
• Go to your local FBI, BATF, or Jail and have them “Finger Print” you on the supplied FBI
finger print cards, (two of them), go to the local county jail, they have a Finger print
scanner machine, that scans your finger prints and puts good quality prints onto the cards,
because if you mess one up with regular inking you have to do it over, the BATF will halt
your application until you send in a good set, the finger print cards have to be done in
front of a Law enforcement official that verifies that the prints are indeed yours.
• Go to the post office, Air Port or some other place that you can get “Pass Port” type
photos, a 2"x2", you need 2 (Two) of them.
• You will fill out 2 (TWO) of the above Form 1s with pictures on back, one the BATF keeps
on file, the other they send back to you, and is your proof of your registered Silencer.
• The hardest part is getting the signature of your regional law enforcement official.
If you live in the county/rural this person will be the local Sheriff for your county.
If you live in the city this person will be the Chief of Police.
If you can’t get this person to sign the form you can go “above their heads” by getting the
Judge for your district/county to sign it.
The best way to get one of these people is to get an appointment to see them, MAKE
SURE you look respectable/conservative, Dress VERY professional for this important
interview, DO NOT CALL THESE PEOPLE AND ASK OVER THE PHONE, the
answer will be NO if you do. Speak like a mature adult, don’t cuss, use street slang.


If you fail with the local Law then you last option is to go before the county/regional
Judge and do a replay of the above or something like it.
Understand that if you have a local or state ordnance against removable Suppressors then you are out
of luck unless you know some local politicians who can change the rule.
• You must be at least 21 years of age, and you cannot have ANY crimes of Violent nature on your
record, i.e. domestic violence, or have orders of restraint against you, no Federal
convictions, and no prison time, are some of the main ones. When you go to get the above
local Law enforcement officials signature they will run a “Check” on your drivers license,
(it would be wise not to have any outstanding warrants or unpaid tickets either). If you
pass the Locals inspection and get the signature then you are good to go.
• Pack up your competed Form 1, (picture on back), finger print cards, a Drawing of your
proposed silencer, (this can be a 2D cut away engineering drawing, or Orthogonal views),
also describe its construction, NOTE: the outer shell has to be of a metallic material like
Aluminum, steel, etc., the Serial number has to be indelibly punched/engraved in the side
of the shell, requirements are: Manufacturer name and physical address (put your name
and address here if you made it), Model #, and Serial Number. Enclose a short note “to
whom it may concern” this is a short letter describing why you want to make a suppressor,
write down your “Sales pitch” like you did for the Local Law above, don’t make it to
hokey.
• Make sure you enclose the $200.00 TAX with all your paper work, I would recommend, a
Cashiers check or Money Order. Make Scans or copies of everything, and send it in by
Federal Express, (receipt requested), mail is to slow. Give it 30-90 days to process, they
have to run your prints by the FBI to for a back ground check. If there is nothing against
you, you will be approved.
For those of you who are afraid that Uncle Sam will know to much about you, don’t kid your self, if
you have a SSN and/or a credit card or drivers license they already know about you, and no
“They” aren’t out to get you, They actually could care less about you as long as the check you
send them is good, It really is nothing more than government bureaucracy. As long as you fill out
the proper forms and pay the proper fees, you can have your very own Tank in your front yard.


***Final Note Commentary: Will the BATF lock you up for having an unregistered removable Silencer on your airgun or paintball gun? It is unlikely, but who knows for sure. Remember, the 2nd Amendment "Right to Bear Arms" does not mean the right to bear airguns. And no legal or political grassroots help will be forthcoming from the NRA anytime soon, just to change the laws on the books for airgunners. Especially after 9/11 and the passage of the Homeland Security Act & Patriot Act. It is going to depend now on how much some Law Enforcement person or Court Judge wants to make an example out of you, or not. The legal climate has drastically changed in the last couple of years & government officials, politicians & lawmakers are under pressure to close the gaps in national security. And if you "should" go to court, you are technically in violation of federal law. Its your choice to take the risk or not, however small it could be.

p.s. Here's the copy from the FAQ from the BATF web site:

(A9) Q. Are Paintball and/or Airgun Sound Suppressers legal? [Back]

A. §921(a)(24) 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.

Numerous paintball silencers tested by the Firearms Technology Branch have been
determined to be, by nature of their design and function, firearm silencers as defined in 18
U.S.C., Section 921(a)(24). An individual wishing to manufacturer a firearm silencer must
receive prior approval from ATF by submitting an ATF Form 1 and paying a $200 making
tax.

If you have any further questions as to this classification, who should you contact?

Please send a written request to the Firearms Technology Branch at the following address:

Bureau of ATF
Firearms Technology Branch
650 Massachusetts Avenue, NW
Room 6450
Washington, DC 20226

The URL for the above on the BATF website:
http://www.atf.treas.gov/firearms/faq/faq2.htm

*This page contains general public information only and should not be construed as expert legal advice pertaining to the laws of each state regarding removable silencer / moderator / suppressors. It is the responsibility of the reader to consult with your particular state laws and/or a competent attorney for complete accuracy and compliance with those laws.

 

 

 

 

 

 

 

 

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