Purchasing a Silencer

Monday, 22 June 2015

As quite a few, if not most, members know, CRGC now has paid the Special (Occupational) Tax to allow it to be a NFA firearms dealer, in addition to its Type 1 Federal Firearms License (FFL).  For those who don't keep track of federal terminology, a Type 1 FFL is the most common license issued to people and organizations to allow them to be a dealer (to buy, sell, or transfer) "firearms other than destructive devices" as defined by the Gun Control Act of 1968.  The Special (Occupational) Tax, known as a Class 3 SOT in this case, allows CRGC to be an "NFA firearms dealer".  An NFA dealer is one which is allowed to buy, sell, or transfer the firearms and devices classified as "destructive devices" by the National Firearms Act of 1934 and the Gun Control Act of 1968, as amended by the Firearm Owners and Protection Act of 1986.  The NFA controls the possession, transfer, and registration of a large number of devices, including among a number of other items, short-barrelled shotguns and rifles, machineguns, explosive devices (bombs and grenades), and (the part CRGC is concerned about) silencers.  (For those interested in more information, go to https://www.atf.gov/firearms/national-firearms-act-handbook and read Chapter 1 for a more complete description.)

The CRGC board determined that there is no reason that we must require noisy firearms to be used on CRGC ranges, and if CRGC members wish to shoot relatively quiet firearms (and keep our neighbors happier, as well as have a more enjoyable shooting experience themselves) then CRGC would pay the SOT to allow members to purchase silencers through the club.  CRGC how has several sources from which it can purchase silencers from manufacturers such as Advanced Armament, Dead Air, Gemtech, Knights Armament, Sig Sauer, Silencerco, Surefire, Tactical Solutions, and Yankee Hill Machine.

The purchasing process is a little more elaborate than for a standard firearm, and takes longer, but it is not rocket science; just a bunch of nit-picking forms.  In outline form, the procedures are:

1. CRGC member (you) does research on silencer usage and types, and which silencer to buy.  Don't forget to look at any adapters that are required to fit the silencer to your firearm(s).
2. CRGC member sends an e-mail request for price and availability to crgc@canby.com, with the manufacturer name and model number of the silencer.
3. CRGC determines if the product is carried by one of our distributors, and, if not, what it would take for us to be able to purchase the product at a discount.  We reply to you with price and availability for each of the silencers you are considering.
4. Upon receiving a response from the CRGC purchasing agent, the member decides whether or not to purchase the device, and if it is a go, then sends an e-mail to crgc@canby.com authorizing the purchase.
5. CRGC orders the silencer.  It will take from 30 to 60 days for CRGC to receive the product, and nothing else can be done until it arrives, as the serial number of the silencer is required for the remaining paperwork.
6. When the silencer arrives, CRGC invoices you, and you pay for the silencer.  We provide you with the silencer serial number, and silencer length for your use in filling out the ATF Form 4.
7. You download the fillable ATF Form 4 .pdf file from http://www.atf.gov/files/forms/download/atf-f-5320-4.pdf, fill out all of the parts required, and print them out double sided (2 pages on a single sheet of paper).  You must create two (2) copies of the Form 4 for submission to the ATF.  You must attach a recent passport photo to each of the copies of the ATF Form 4.  You must also fill out one copy of ATF Form 5330, to self-certify that you are a U.S. citizen, which you can obtain from https://www.atf.gov/files/forms/download/atf-f-5330-20.pdf, or you can get a fillable .pdf file from places like http://iris.personaltelco.net/~ry/atf-f-5330-20-certificate-of-compliance-06-AUG-2013.pdf.  You may also wish to look at http://www.thehighroad.org/archive/index.php/t-624618.html, which has more information about filling out the ATF Form 4.
8. When the forms are completed, you bring the forms to the clubhouse so that one of CRGC's authorized FFL agents can sign them, and then you go to your local police office or a location like the Clackamas County Public Safety Training Center, where you can get two copies of your fingerprints to attach to your ATF Form 4.  When you have all of the forms, you take them to your local chief of police, e.g. Clackamas County Sheriff or city chief of police, for the chief’s signature on the ATF Form 4 copies.
9. After both ATF Form 4 copies are returned to you by your local chief of police, assemble them and send them, with a check for $200, as specified in the instructions on the ATM Form 4.
10. Now wait for ATF approval of your Form 4 application.  The approved and signed ATF Form 4 will be returned to CRGC with your tax stamp applied to the form.  It is currently taking approximately 4 months for CRGC to receive the approved applications.  If you do not correctly fill out the forms for some reason, CRGC will receive the forms and the reason they were returned, and then you must make the corrections and send them back to the ATF.
11. Once CRGC receives the approved Form 4, you then come to CRGC and fill out an ATF Form 4473 (and pay another $25 for another background check) so that CRGC can do the background check to allow us to transfer the silencer to you.  When the last background check is completed, usually in a few minutes, you may receive the silencer.
12. We strongly suggest that you make additional copies of your ATF Form 4, and keep at least one with the silencer in your gun safe, and when you have the silencer attached to the firearm.  It will simplify your life if you happen to be asked by a police officer about your ability to possess that silencer.  Please note that each silencer requires its own tax stamp.  One size does not fit all.
13. We also suggest that you consider creating a NFA (National Firearms Act) trust so that it (the trust) can do the application and receive the silencers.  It can shorten and simplify the process, and make it easier to allow other trustees to use the silencer.  You can research "NFA trust Oregon" on the Internet (use Google or some other search engine), and get a large quantity of information.  You may also go to specific law firms, such as Northwest Gun Law Group or some other attorney or firm which specializes in trusts.  You can expect a full-blown multi-trustee NFA trust to cost between $500 to $1,000, or more if you consider other forms of trusts at the same time.  CRGC does not make recommendations for such groups, but can pass along information received from other members.

As a final note, if you are legally in possession of a silencer, you may use it when hunting in Oregon and Washington.  Of course laws and regulations may change periodically, and you should check to be sure it is still legal when you are planning your hunt.  For more information about the benefits of silencers, see http://www.nssf.org/factsheets/PDF/Suppressors.pdf and http://americansuppressorassociation.com/education/.