Introduction
Owning a firearm suppressor (also known as a silencer) is legal in many parts of the United States, but not everyone can own one. Federal laws and state regulations have strict rules about who can buy, possess, or use a suppressor. If you’re interested in getting one, it’s important to understand what could legally prevent you from owning a suppressor. So What Disqualifies You from Owning a Suppressor? In this article, we’ll break down the reasons that can disqualify you, based on federal and state laws.
Legal Restrictions Under Federal Law
Convicted Felons and Criminal Record
One of the biggest disqualifiers for owning a suppressor is having a felony conviction. Under the Gun Control Act of 1968, felons are prohibited from owning or possessing firearms, which includes suppressors. Even if the felony was non-violent, it still prevents ownership unless rights have been restored.
Domestic Violence Convictions
The Lautenberg Amendment bans individuals convicted of domestic violence misdemeanors from possessing firearms or suppressors. Even if it was a minor offense, a domestic violence conviction can be a permanent disqualifier unless overturned.
Drug Use and Controlled Substances
Under Title 18 U.S.C. § 922(g)(3), anyone who is an unlawful user of controlled substances is prohibited from owning a suppressor. This includes marijuana users, even in states where marijuana is legal, since it remains illegal under federal law.
Mental Health Disqualifications
Federal law also prevents those who have been adjudicated as mentally defective or involuntarily committed from owning suppressors. If you have been ruled mentally incompetent by a court or placed in a mental institution, you are disqualified.
Dishonorable Discharge from the Military
Veterans who have received a dishonorable discharge from the U.S. Armed Forces are banned from owning firearms and suppressors under federal law. A dishonorable discharge is considered equivalent to a felony conviction.
Illegal Immigration Status
Non-citizens who are unlawfully in the United States cannot legally own suppressors. Even some legal residents (green card holders) may face restrictions, depending on their visa status.
Fugitive from Justice
If you have an active warrant or are considered a fugitive from justice, you are prohibited from buying or possessing a suppressor. This includes individuals who have fled a state to avoid prosecution.
State Laws and Additional Restrictions
Even if you qualify under federal law, you must also meet your state’s requirements. Some states impose additional restrictions beyond federal law.
States Where Suppressors Are Illegal
Not all states allow suppressors. As of 2025, suppressors are illegal in the following states:
- California
- Delaware
- Hawaii
- Illinois
- Massachusetts
- New Jersey
- New York
- Rhode Island
- District of Columbia
If you live in one of these states, you cannot legally own or purchase a suppressor.
Age Restrictions
Under federal law, you must be at least 21 years old to purchase a suppressor from a licensed dealer. However, some states may impose additional age restrictions.
Residency Requirements
Some states require you to be a resident to purchase or possess a suppressor. If you are moving to a state where suppressors are illegal, you must dispose of it legally before relocating.
NFA Process and Background Checks
Even if you meet all federal and state requirements, you still have to go through the National Firearms Act (NFA) process. This includes:
- Submitting ATF Form 4 (for individual ownership) or Form 1 (for making a suppressor).
- Paying a $200 tax stamp.
- Passing an FBI background check (includes fingerprinting and photographs).
- Receiving approval from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), which can take several months.
Failure to pass the background check will result in denial of the application.
What to Do If You Are Disqualified
If you believe you are wrongly disqualified from owning a suppressor, there are a few legal avenues to explore:
- Restoring Firearm Rights: Some felons can apply to have their firearm rights restored, depending on state law.
- Expungement: If a conviction is expunged or pardoned, it may remove the restriction.
- Appealing Mental Health Adjudications: If you were wrongly committed or have since recovered, you can petition the court.
- State-Specific Relief: Some states offer relief programs for non-violent offenders.
Conclusion
Owning a suppressor is a privilege that comes with strict legal requirements. Federal laws prohibit felons, domestic violence offenders, drug users, and those with mental health disqualifications from possessing suppressors. Additionally, each state has its own regulations, with some banning suppressors entirely. If you are unsure about your eligibility, it’s best to consult a firearms attorney or check with the ATF before attempting to purchase a suppressor. Always follow the law to avoid serious legal consequences.
