All About Suppressors in Kansas
Gun suppressors, sometimes referred to as suppressors, silencers, or sound suppressors, work by decreasing the speed and temperature of the gases produced when a gun is fired. Suppressors reduce the sound of a gunshot, making it significantly quieter for the surrounding area. This has two main benefits: The primary purpose for gun owners to use suppressors is to muffle the sound of the gun. Gun suppressors in Kansas have become increasingly popular in recent years , both among hunters as well as recreational shooters. While not legally required to own or operate a firearm, gun suppressors in Kansas have become so common that the federal government recently reported a record-high for taxes collected on suppressors, estimating receipts had quadrupled in 2013.
What is Federal Law, and How Does it Compare to Kansas Law?
In many states, the issue of suppressors is so confusing that in many cases, people are not aware of when it is safe and legal to own and use a suppressor. As we’ll see, Kansas does not fall into this category.
All suppressors in Kansas are regulated by federal regulations under Title II of the National Firearms Act of 1934. Because Title II is a federal law, it can be complicated. Federal regulations require a suppressor to be registered with the Bureau of Alcohol, Tobacco, Firearms and Explosives (often referred to as the ATF) and that the owner pay a tax to the federal government. This process can be time-consuming and tedious and, if not done correctly, the transfer could be denied.
The good news is that anyone who owns or uses a suppressor must abide by all federal regulations and Title II requirements. That means you will never violate federal law by following federal law! The bad news is that because there are so few suppressor owners in Kansas, many of us who have come to understand and live by these regulations may not realize that other laws in Kansas concerning suppressors can be confusing and frightening for someone who is not well informed.
The state laws for suppressors in Kansas align fairly neatly with federal regulation with the exception that there is no Kansas state tax required for owning or transferring a suppressor. (NOTE: In Kansas, a gun silencer is defined as "a device for silencing, muffling or diminishing the report of a firearm." While other states have different and much more specific terminology, this is what Kansas calls it.) Kansas law prohibits the "use, sale or possession of a gun silencer…unless such gun silencer is registered in the manner required by [the law of the Land]." Kansas has no mention of purchasing a suppressor, so the law is vague, but rest assured that as long as a suppressor has the federal regulations posts with your serial number listed and was registered with the federal government, you will have followed Kansas law as well.
How to Legally Get a Suppressor
To legally purchase and own a suppressor in Kansas, there is a straightforward legal process that residents must follow. Each suppressor purchase requires several steps, including paperwork and fees.
- Obtain a Kansas Firearms Purchase Permit: Kansas does not require a firearms purchase permit, so Kansas residents can skip this step.
- Choose the Right Suppressor: Research and select the appropriate suppressor for the specific type of firearm that will be used.
- File ATF Forms: Complete the necessary Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) forms. The primary form that Kansas residents need to submit for the purchase and possession of a suppressor is the ATF Form 4. This form allows an individual to transfer a National Firearms Act (NFA) firearm (which includes suppressors) from a Class 3 dealer to an individual. All forms must be signed by the Chief of Police in the locality where the transferee resides. Forms can be obtained online through the ATF website.
- Fingerprints and Photo: Fingerprints must be done by the local law enforcement authorities, usually by a police fingerprinting vendor or in person. A passport-style, 2" x 2" color photograph is required and must be submitted along with the forms.
- Pay the Tax Stamp Fee: When filing the ATF forms, the individuals need to pay for a tax stamp. The current fee is $200 per suppressor. It should be noted that individuals are required to pay the $200 tax stamp fee for each suppressor that they are purchasing.
- Background Check: ATF officials will perform a background check on the individual who is purchasing the suppressor. If they pass the background check, the suppressor transfer can then proceed.
- Approval: If the individual’s Form 4 is duly approved, they may then purchase and take possession of said suppressor.
- Forms of Payment: The most common forms of payment in Kansas are cash, credit cards, and certified funds, such as money orders or cashier’s checks.
Follow the above steps and make sure to keep documentation for personal records.
What’s New: Recent Changes to Kansas Suppressor Laws
Kansas recently became the sixth state to pass a law allowing the use of suppressors for hunting with the passage of the proposed legislation in 2015. The Kansas legislature passed legislation exempting suppressors from the application of the general unlawful-to-use or possess while hunting laws. Previously, it was illegal to use a suppressor while hunting any species of wildlife in the state of Kansas. Under the new law, use of a suppressor while hunting big game, turkey and coyotes is now a legal practice. The law went into effect on July 1, 2017 and Renegade Ammo Company, one of the sponsors of the bill, noted that hunting seasons during the latter part of 2016 were the first in the state of Kansas where suppressors could be legally used.
Proposed legislation changes that would more widely affect suppressors across the state are currently pending. On May 15, Rep. Blake Carpenter, R-Wichita, filed House Bill 2179, which seeks to create the Kansas Suppressor Safety Act (KSSA) to provide for the sale of suppressors manufactured and retained exclusively within the state of Kansas, in line with Kansas’ current law for other firearms. House Bill 2179 has gained significant momentum over the legislative session, with 45 co-sponsors on the bill, and has received vocal support from several representatives. While the bill has received two public hearings, it has not yet come up for a vote in the House Committee on Federal and State Affairs.
Absent approval of House Bill 2179, suppressors in Kansas will continue to be subject to the provisions of the National Firearms Act, and any proposed changes to federal law related to suppressors will also impact Kansas suppressors.
Suppressor Enforcement in Kansas
Kansas law enforcement officials have an obligation to supervise the correct ownership, usage, and registration of all firearms and firearm attachments within the state. They are also responsible for ensuring that all owners of suppressors are in compliance with federal law. Although the risk of being penalized when owning a firearm suppressor is rare, it is important for all potential owners to know what consequences they could potentially face. If an individual is found to have a suppressor without proper registration or documentation, or to be misusing or otherwise abusing the suppressor, that individual could face up to five years in prison and fines of up to $10,000. However, as mentioned above, the risk of such penalties is very low . It is the responsibility of the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) to ensure that federal laws concerning suppressors and other firearms are enforced. BATFE agents periodically oversee inspections for gun dealers and gun ranges when it is necessary, ensuring that everything is in compliance. BATFE agents can also launch full-blown criminal investigations in the case of major violations. Kansas law enforcement will work closely with the BATFE to conduct searches or confiscate suppressors if there is reason to believe the individual in question has committed a violation of trust. While BATFE is responsible for monitoring nationwide dealer distribution, Kansas law enforcement officers are tasked with keeping track of how suppressors circulate at a local level. It is particularly important to ensure owners of suppressors keep their weapons in a secured location at all times.
Suppressors, Support, and Controversy
The public debate surrounding suppressors in Kansas has at times grown heated. Supporters argue not only for the right to purchase and own a suppressor, but also to eliminate the requirements of federal registration and taxation. The arguments have struck a chord with the general public, and the 2015 legislation revealingly passed the Kansas House by a 111-12 vote. However, proponents of regulation elsewhere in the country have fought staunchly against deregulation.
For example, in 2015, federal law enforcement argued, "Congress has repeatedly determined…that firearms and ammunition that are manufactured and owned solely for personal use do not guarantee that they will remain in private control and therefore are not protected by the right to bear arms." In addition, federal law enforcements took the position that "the right to bear arms does not require that any weapon, including a firearm suppressor, be owned or used by the general public for recreational purposes."
On the local level, arguments have also been made that eliminating regulation would allow suppressors to fall into the hands of criminals. However, some in the industry are quick to point out that this argument ignores the reality of suppressors’ lethality. As one proponent for deregulation points out, "There are no mass shootings or criminal acts committed using suppressors."
Most recently, the White House has weighed in, taking a public stance against the proposed federal legislation. On the President’s desk was the House bill that would have removed suppressors from the National Firearms Act. However, while the bill passed in the House with overwhelming bipartisan support, the Obama Administration threatened to veto the bill.
The bill’s opponents argued that the bill would allow the sale of unregulated, suppressed semiautomatic rifles, which they claim are commonly used in drug cartel-related crime and terror attacks abroad. Some also argued that allowing suppressors to be sold over-the-counter would make it easier for terrorists to commit crimes while shrouded by the lower sound of suppressed weapons. However, again, the industry defends against these arguments. "That is just not a rational fear," one industry insider stated.
In early 2017, the Trump Administration denied the proposed law. On Jan. 20, the Justice Department ordered the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to withdraw current plans for regulation reform. Ironically, the order came on the same day the Obama Administration used a similar process to set new regulations on free speech in federal lands such as national parks and monuments.
Under existing regulations, suppressors must be registered with the ATF. In addition, suppressors manufacturers must pay a $200 tax to the federal government. Both of these requirements stem from the National Firearms Act of 1934, regulation passed in the wake of the Prohibition Era.
However, the practice is legal in 44 states. Under the Kansas legislation, local laws in Kansas supersede federal laws when state gun laws are less restrictive, and the federal government’s regulation falls to the latter category.
While this regulation may not yet be sweeping the nation, it does underscore the public’s interest in deregulation of suppressors. At the very least, it signifies a growing body of public opinion advocating for less regulation of suppressors, even if it is not yet thought of as being in line with the "norm."
Conclusion: Keeping Suppressors Legal
Navigating the world of firearm ownership can be complicated even without trying to keep up with the constantly changing laws. If you own a suppressor in the state of Kansas , it’s vital that you stay informed on the responsibilities this device can create (e.g. registration, renewal, and transportation are all issues to be aware of). As with any other gun law, gun owners need to stay informed of current Kansas laws for suppressors.