Overview of Suppressors in the State of Indiana
Suppressors are devices that attach to the muzzle of a firearm to reduce the noise level generated when the firearm is discharged. Although there are other terms that are often used to describe suppressors, such as silencers (likely inspired by the movie "True Lies"), the term suppressor is the more accurate way to describe these devices . Suppressors are relevant, interesting, and often significant in Indiana for the following reasons: Will suppressors have some (if not large) measure of continued relevance in Indiana? Absolutely. The use of suppressors draws interest because of the fact that firearms and firearms accessories are significant to the people of Indiana in a variety of ways, such as:
Current Status of Suppressors in the State of Indiana
Indiana is unrestrictive in its regulation of suppressors. After all, a permit isn’t necessary to own one and there aren’t any restrictions on regular ownership or use after paying state and federal taxes. But that doesn’t mean there aren’t some rules for folks to follow. There are really only two: you must be 18 years old to buy one and you may not use or possess one if your firearm rights have been waived due to a felony or misdemeanor. That’s it in a nutshell.
The one other piece of legislation that recently went into effect here in Indiana is Specific Act 1510. This bill provides an exemption from Indiana’s handgun licensing laws for "a person who possesses or transfers an apparatus that diminishes the sound caused by the propulsion of a projectile". The law is not retroactive, and it is only available to people who aren’t required to hold a handgun license.
The Process for Legally Obtaining a Suppressor
Notably, the National Firearms Act of 1934 requires that any suppressor purchasers pass a background check and submit to fingerprinting and a thorough vetting. The time it takes to complete the process can vary. In many cases the waiting period can be six months or longer. However, the ATF is currently processing suppressor transfers much faster than it was some years ago.
As with all gun purchases, purchasers of suppressors must fill out ATF Form 4473, and if you are obtaining a suppressor from a licensed dealer, they will be able to help you with the entire process. If you are completing a transfer between individuals, then ATF Form 5320.23 is required. There is also a $200 tax stamp that must be attached to each suppressor transfer.
For those purchasing a suppressor, make sure that you have the following:
Following these steps saves you from a considerable amount of headache when attempting to legally obtain a suppressor in Indiana.
Federal Regulation vs Indiana Legislature
Federal legislation, including the National Firearms Act (NFA), applied to individual states and was a predicate to states’ passing any NFA state law. Additionally, the states can be more restrictive than federal law, but they cannot be less restrictive. Federal law defines a "silencer" and includes those in a broad category of devices that must be registered under the NFA. A suppressor is defined as a device attached to or included in a pistol, revolver, or rifle barrel that reduces the sound of a fired missile. In 1934, three states had registration requirements for silencers: Pennsylvania, Maryland, and New Jersey, requiring all civilians who possessed a silencer were prosecuted for possession of an unregistered weapon. However, as time passed, some states opted out of incorporating the provisions of the National Firearms Act into their own law, disallowing any requirement on registration of silencers. Indiana is one of those states.
In their current found state, with Indiana law divorced from federal law, suppressors can be purchased, possessed, and sold with impunity. Although they are completely legal, the law still imposes a progressive 10% sales tax on these items.
Legal Punishments if you Violate the Law
If you are found in violation of the federal and/or state suppressor laws, you will face a number of penalties depending on the severity of the offense. Your case may be charged under state or federal law (or both), and the penalties can range from fines to imprisonment (or both). As detailed below, there are numerous potentially effective legal defenses that could help mitigate the penalties or the liability you might otherwise face.
Possible Federal Criminal Penalties
In the United States, all federal criminal laws are set forth in the United States Code. Violations of 26 U.S.C. ยง 5861, which entail taxes you did not pay when you made or transferred a gun suppressor, are felony crimes . If you are found guilty of violating this statute, you could be fined up to $10,000 and sentenced to up to 10 years’ imprisonment. You may also be subject to probation or a supervised release program following your felony conviction.
Possible State Criminal Penalties
Indiana law outlines the following possible penalties for the illegal manufacture, transfer, or possession of a firearm silencer:
Potential Defenses
A number of possible defenses could be raised if you are charged with a felony for the manufacture, transfer, or possession of a firearm silencer. We will listen to your situation and work with you to determine the most potent defenses to raise on your behalf.
The Debate on Legalization of Suppressors
As Indiana gun laws like those in many states are re-evaluated, the position on suppressor legalization has been contentious. Some law enforcement officials suggest that suppressors will not be used by criminals. Guns with suppressors are not as loud but are still detectable to many purposes. On the other hand, opponents claim that criminals will be able to hide their actions. Guns tend to be easier to get these days with fewer restrictions on owners.
The National Rifle Association is not in favor of reduced suppressor legal requirements. The group suggests that suppressors not subject to law enforcement regulation would place public safety in jeopardy. More than 40 states have implemented provisions for suppressors and hunting. Lawmakers in Indiana are not inclined to endorse the idea as a solution to crime. Gun rights proponents have fought unsuccessfully in past sessions of the state legislature for elimination of suppressor restrictions. The Supreme Court of Indiana also decided against ruling on the issue. Supporters see the benefits of suppressors for hearing damage as well as hunting effectiveness. In 2013, legislators had voted down a proposal to permit suppressor use but not in a hunting context.
Even more recently, the National Rifle Association has suggested that legislative leaders view Arizona as a model state. The state does not require permits to possess a suppressor. The tradeoff that states face when considering suppressed weapon legalization is a loss of revenue and a potential increase in dangerous circumstances. The NRA proposes that states should not make differences between suppressors and other types of firearms, which are not subject to registration. Chicago and Seattle recently became the latest cities to ban the hunting of lions and elephants after the lion was killed by a hunter in Zimbabwe. Some legislators have suggested that they are unwilling to endorse any legislation making suppressors more easily accessible.
These ongoing debates leave gun owners and enthusiasts who enjoy the sport of hunting using these devices in a state of limbo. Most gun owners simply want to keep the promise that they made when purchasing their weapons to abide by the existing laws.
Recent Developments and Future Predictions
While Indiana suppressor laws currently align with federal regulations, legislative innovations in the near future may add further potential to the legal ownership and use of suppressors within Indiana. The 2017-2018 Legislative Session of the Indiana General Assembly introduced a significant number of Firearms-Related Proposals addressing suppressor technology. Some of these proposals were already successfully passed in the State Legislature, while others are still pending in the legislature. Even after all proposals have been considered, further developments may arise due to the continuously changing nature of gun law.
Three pieces of legislation were passed by the Indiana General Assembly in February 2017, all dealing with suppressor technology: Secretary of State Bill S.B. 225 declares that no person may require the registration of a suppressor, thread adapter, or muzzle brake as a condition for retail sale, or in any manner that prohibits the sale, transportation, transfer, or possession of a firearm because it has been equipped with a suppressor, thread adapter, or muzzle brake. Secretary of State Bill S.B . 246 amends the Indiana Code to specify that "armor-piercing ammunition" does not apply to pistol caliber ammunition, shotgun ammunition, or any other ammunition designed for use only in a handgun, shotgun, or rifle for which the projectile or projectile core is constructed entirely from one or a combination of the following materials: (1) Zinc; (2) Aluminum; (3) Bi-metal, including such materials when partially coated with copper, brass, bronze, or another nonferrous metal. Additionally, S.B. 246 amends the Indiana Code to specify that "pistol caliber ammunition" means ammunition that is designed or intended to be fired from a handgun and that has no projectile greater than 10 millimeters in diameter. Secretary of State Bill S.B. 226 amends the Indiana aggravated assault statute to include the phrase "with a firearm," essentially specifying that no person may knowingly or intentionally point a firearm at any person in a public place.
Other pieces of legislation regarding suppressor technology are still pending resolution in the Indiana Legislature: House Bill H.B. 1251, currently in the Committee on Rules and Legislative Procedures, proposes that an individual may not be prevented by a government entity from using a suppressor, unloaded, when practicing at a shooting range. House Bill H.B. 1468 is still being considered by the Indiana House Committee on Public Policy, as is Senate Bill S.B. 309.