Suppressors — Are They Legal in Arkansas?
Yes. Suppressors are legal to own in the state of Arkansas. There are a handful of laws that apply to suppressor ownership, but aside from that (and the federal requirements) you can buy and own a suppressor.
3-12-604. Handgun silencer-Use. (a) A person shall not, intentionally or knowingly , use a handgun silencer except:
(1) For a lawful purpose in connection with the shooting of the handgun; or
(2) For a lawful purpose in connection with hunting unless otherwise prohibited by law.
(b) A violation of this section is a Class D felony.
3-12-605. Handgun silencer-Purchase of components for. A person shall not purchase or possess with intent to purchase more than one (1) component for a handgun silencer within a three (3)-day period. This section does not prohibit the purchase or possession of handgun silencers which have been lawfully purchased.
The Federal Law Regarding Suppressors
The National Firearms Act (NFA) regulates more than just machine guns, it also covers some very commonplace firearms like suppressors. Any firearm made or modified after October 22, 1968 that is designed or redesigned, or remade, or modified so that it can be fired suppressed is considered regulated under the NFA. And thus any firearm intended to have a suppressor attached to it, whether a pistol or rifle, requires registration with the ATF in accordance with the NFA. Each suppressor itself is also subject to registration and marked with a serial number. Some suppressors can also be registered as AOW (Any Other Weapon). There are a limited number of manufacturer FFLs and Class 2 SOTs who are able to legally manufacture suppressors. While silencer is a commonly used term, the law refers to suppressors, and many fallacies exist regarding them. The requirements for the suppression of noise is generally no more than one muffled gun shot per 10 feet from the muzzle. Special laws apply to poisons, chemicals, explosives, or other dangerous devices. Current state law in Arkansas prohibits the manufacture, use, transport, or possession of any "silencer or hand grenade, bomb, bombshell, metal or plastic knuckles, or any instrument or device which may be used for such purposes." However, as explained above, federal law regulates suppressors, and thus those laws preempt and restrict state law on suppressors in most cases.
Ways to Legally Acquire a Suppressor in Arkansas
The process requires the following steps:
- Make sure that you live in one of the states that currently allows suppressors for personal use. Currently, there are 39 states that allow suppressors for personal use. The following states do not allow the personal use of suppressors: According to federal law, you must be at least 21-years old to purchase a suppressor. Some states have additional laws concerning the purchase of suppressors. The only state with an additional law on suppressors is New York. In order to purchase a suppressor in New York, you must obtain a Permit.
- Complete and sign Bureau of Alcohol, Tobacco, Firearms and Explosives forms 4473, 5320.23 and 5320.4. These forms include the following: (1) background check, (2) fingerprint card, and (3) "Responsible Person Questionnaire."
- It is also suggested to include two photographs that are passport size and taken within the past 2 months with a light background.
- If the suppressor contains a barrel that is threaded, the firearm must be registered as Class III on forms 1 and 7930.4 if purchased from an Arkansas firearms dealer; or, completed in accordance with federal law, regulations, and guidelines. Your Arkansas firearms dealer may be able to complete the required forms.
- Pay a $200 excise tax.
Suppressors — Their Advantages and Typical Uses
Many people are surprised to learn that suppressors offer both recreational and defensive shooting enthusiasts with significant benefits. The most important of these benefits include: noise reduction, hearing protection, recoil reduction and improved accuracy. The first benefit of suppressors is one that has been explained in many places so it will receive only a cursory review here. Suppressors reduce the noise caused by the shooter firing a weapon. In fact, suppressors reduce the sound of gun fire to levels that peaceful individuals can listen to. The levels of sound generated by suppressed guns are so low that no hearing protection is required. Also , sounds from suppressed guns are unlikely to interfere with others in a variety of settings such as in the home or apartment, at the range, at work, etc. In addition to protecting the hearing of the shooter, suppressors have the beneficial effect of protecting the hearing of third parties. If someone happens to be near an area where someone is shooting a weapon, the sound of gunfire can seriously damage the hearing of that innocent person. Suppressors eliminate this problem as well. Another benefit of a suppressor is that it reduces the recoil felt by the shooter. Reducing recoil makes it more enjoyable to shoot both in case of recreational shooters and those who may one day need to use a weapon for self-defense.
What Happens if You’re Caught Using an Illegal Suppressor
The legal consequences of illegally possesssing or using suppressors in Arkansas can be serious and can involve criminal charges, fines and potentially incarceration. Suppressors are legal in Arkansas if purchased through the NFA process, with an approved Form 4 and the associated $200 federal tax stamp. However, there are significant restrictions on some uses of suppressors under Arkansas law. There is a prohibition on casual or reckless use of suppressors that is worth considering at this point.
Ark. Code Ann. § 5-73-102 provides in relevant part:
- (2) Uses a muffler or suppressor in connection with a firearm, except as provided in § 5-39-203;
- (3) Possesses a muffler or suppressor in connection with a firearm, except as provided in § 5-39-203; or
- (4) Knowingly aids or abets another person in the performance of an offense under subdivision (a)(2) or (3) of this section.
The state law provision deals with using a suppressor in the commission or furtherance of a crime. The paragraph prohibits the deliberate use of a silencer or suppressor, "except as provided in § 5-39-203." That provision requires that anyone using a firearm or muzzle loader during the commission of a crime is guilty of the crime of using the firearm or muzzle loader in the commission of a crime. Firearm or muzzle loader is broadly defined to mean any weapon which will expel or is designed to expel a projectile by the action of an explosive. Ammunition is also defined broadly, including not only cartridges, but also shotshells, shotgun shells, powder and primers. So the use of a firearm in connection with the possession of an offensive weapon, regardless of the exact nature of the offensive weapon, is prohibited. This would clearly include a suppressor if it is to be considered an offensive weapon, such as when used in the commission of a crime of violence.
Suppressors in Arkansas: Frequently Asked Questions
We have taken our "Frequently Asked Questions" section to include some of the most common misconceptions about suppressors and the legality of their use. We will add to this section as new common questions arise or as Arkansas laws change warrant additional questions or clarification.
Q: Can anyone buy a suppressor in Arkansas?
Yes, anyone can buy a suppressor as long as they pass an NICS background check. I know, I know, I’ve already got your mind racing through the dozen questions you have about this but hold on. The only people that cannot purchase a suppressor are:
- Fugitives from Justice;
- Someone determined by a mental health board as being mentally defective for purposes of a federal law;
- Someone subject to a restraining order or protection order; or
- Someone convicted of a felony in the last year of their sentence.
Q: But "Arkansas Law" says that people that can’t own a firearm can’t own a suppressor, right?
No. Arkansas law says those persons can’t own firearms. But when you get right down to it, the prohibition is only on firearms capable of discharging bullets. Suppressors are class-three items that are not firearms capable of firing bullets . They may only be used with firearms and are only regulated because they are used with firearms. So, any person who is prohibited from possessing a firearm may still possess a suppressor provided they don’t use the suppressor with a firearm.
Q: Okay. Now I’m confused. I thought suppressors were illegal, aren’t they?
Nope. There’s a lot of misinformation out there on suppressors in Arkansas and across the country. Suppressors are completely legal where they have been made legal. Currently, it’s still illegal in California, Illinois, New Jersey, New York and Rhode Island. But, here in the natural state, there’s really no issue with suppressors. (For the record, we like to call them sound suppressors since we mostly banter about "silencers" on movies and TV shows.)
Q: Won’t this blog lead to an increase in NICS denials or arrests for an item that’s legal to own?
Maybe, but that would be a good thing. We are not presuming that the government is infallible and if more attention is brought to the legality of suppressors, then folks who are technically prohibited and don’t know it may be refused the opportunity to possess a suppressor.