Are Suppressors Still NFA? Tax, Process, and Penalties

Yes, suppressors are still regulated under the National Firearms Act. Registration with the ATF, fingerprints, a photograph, a background check, and approval of your application are all still required before you can take possession. What changed is the money: Congress reduced the NFA transfer tax on suppressors from $200 to $0, and the making tax dropped the same way. The paperwork stayed; the tax stamp payment did not.

What NFA Regulation Still Requires

The National Firearms Act, enacted in 1934, regulates a specific set of items sometimes called “Title II” firearms. Suppressors, which the statute calls “silencers” or “firearm mufflers,” have been on that list from the start, alongside machine guns, short-barreled rifles, short-barreled shotguns, destructive devices, and “any other weapons.”¹ The NFA’s definition of “firearm” includes “any silencer” as defined in 18 U.S.C. § 921, which covers not just complete units but any part designed or intended for assembling or fabricating one.²

That last piece catches people off guard. Buying a spare baffle stack, an end cap, or any internal component marketed as a suppressor part triggers the same federal registration requirements as buying a complete unit. The ATF treats suppressor components the same way it treats the finished device.

The Tax Dropped to $0, the Process Did Not

For decades, every suppressor transfer carried a $200 federal excise tax, the amount Congress set in 1934. That fee, paid alongside ATF Form 4, was known colloquially as the “tax stamp.” The current version of 26 U.S.C. § 5811 now sets the transfer tax at $200 only for machine guns and destructive devices, and at $0 for every other NFA firearm, including suppressors.³ The revised ATF Form 4, updated in December 2025, reflects this with separate $0 and $200 checkboxes depending on the item being transferred.⁴

The same reduction applies to making a suppressor. The ATF Form 1 now shows a $0 making tax for any NFA firearm other than a machine gun or destructive device.⁵ The registration and approval process itself is unchanged. You still file the form, submit fingerprints and a photograph, pass a background check, and wait for ATF approval before taking possession.

How to Buy a Suppressor Now

The purchase runs through ATF Form 4, officially the “Application to Transfer and Register a Firearm.” You typically buy from a licensed dealer, who holds the suppressor until the ATF approves the transfer.

Choose a suppressor and pay the dealer, who initiates the paperwork.
Complete ATF Form 4, attach a recent passport-style photograph, and submit fingerprint cards on FBI Form FD-258.⁴
The ATF runs your information through the National Instant Criminal Background Check System. Providing your Social Security number is not required, but the ATF warns that omitting it may delay the check.⁴
The ATF reviews the application and either approves or denies it. The dealer cannot release the suppressor until the approved form comes back.

Age Requirements

You must be at least 21 to buy a suppressor from a licensed dealer. For a private-party transfer (Form 4 to Form 4), the minimum age drops to 18, though state laws may set a higher bar. Beneficiaries of a trust or members of a corporation can possess a suppressor at 18, again subject to state law.

Wait Times Are Much Shorter

Older guides warned of six-month to year-long waits. That’s no longer the reality. For applications finalized in February 2026, the ATF reported average processing times of 10 days for individual eForms and 26 days for trust eForms on Form 4.⁶ Paper submissions were in a similar range, at 21 days for individuals and 24 days for trusts. Numbers fluctuate, but the shift from months to weeks has held through early 2026.

Making Your Own Suppressor

Federal law lets an individual manufacture a suppressor, but only after filing ATF Form 1 and receiving approval. The making tax is now $0 for suppressors.⁵ You submit fingerprints and a photograph, pass a background check, and send a copy of the approved form to your local chief law enforcement officer. The critical rule: you cannot begin building until the ATF has approved your application. Starting before approval means you’ve manufactured an unregistered NFA firearm, which is a federal felony.

Who Cannot Own a Suppressor

Even where suppressors are legal, federal law bars certain people from possessing any firearm, NFA items included. The ATF will deny your Form 4 or Form 1 if the background check shows you fall into a prohibited category. Under 18 U.S.C. § 922, you cannot possess a suppressor if you:

Have a felony conviction, meaning any crime punishable by more than one year of imprisonment, whether or not you actually served time.
Are under felony indictment. A pending charge alone is disqualifying.
Currently unlawfully use, or are addicted to, a controlled substance.
Have a court finding of mental defect or were committed to a mental institution at age 16 or older.
Are subject to a qualifying domestic violence restraining order issued after a hearing where you had notice and an opportunity to participate.
Have a domestic violence misdemeanor conviction.
Received a dishonorable discharge from the military.
Have renounced U.S. citizenship.

The full list is in the statute, and additional immigration-related disqualifications apply to non-citizens.⁷

State Law Still Applies

Federal NFA compliance is only half the equation. Approximately 42 states allow civilian suppressor ownership; the rest impose outright bans. Some localities within permitting states add their own restrictions on where or how suppressors can be used. Federal registration does not override a state prohibition, so a suppressor that’s legal in one state may become illegal if you move.

Penalties for Skipping the Process

Possessing an unregistered suppressor, making one without ATF approval, or transferring one outside the NFA process are all federal crimes under 26 U.S.C. § 5861.⁸ Convictions carry a maximum fine of $10,000, up to 10 years in federal prison, or both. The suppressor is also subject to seizure and forfeiture.⁵

Penalties escalate sharply in specific circumstances. Using or carrying a firearm equipped with a suppressor during a violent crime or drug trafficking offense triggers a mandatory minimum sentence of 30 years in federal prison under 18 U.S.C. § 924.⁹ That figure is a floor, not a ceiling.

The short version: the NFA still governs suppressors from purchase to possession. The $200 tax stamp is gone, the paperwork is not, and skipping the paperwork remains a federal felony.

1
Bureau of Alcohol, Tobacco, Firearms and Explosives. National Firearms Act
2
Office of the Law Revision Counsel. 26 USC 5845 – Definitions
3
Office of the Law Revision Counsel. 26 USC 5811 – Transfer Tax
4
Bureau of Alcohol, Tobacco, Firearms and Explosives. Application to Transfer and Register NFA Firearm ATF Form 5320.4
5
Bureau of Alcohol, Tobacco, Firearms and Explosives. Application to Make and Register a Firearm ATF Form 1
6
Bureau of Alcohol, Tobacco, Firearms and Explosives. Current Processing Times
7
Office of the Law Revision Counsel. 18 US Code 922 – Unlawful Acts
8
Office of the Law Revision Counsel. 26 US Code 5861 – Prohibited Acts
9
Office of the Law Revision Counsel. 18 US Code 924 – Penalties