State Opportunities to Repeal Bans on Gun Mufflers

Radical-Firearms-Sinter-Galil
The Radical Firearms suppressor even held up to this 11.5-inch barreled .308 Galil ACE Pistol! IMG Jim Grant

U.S.A.-(AmmoLand.com)- The same person who invented the muffler for the automobile invented them for guns.  Hiram Maxim, the inventor, called them “Silencers”.  An obvious reason they were not invented earlier is the inside of a gun muffler is more complex than a gun barrel. Early silencer designs were made of mild steel, making them subject to corrosion. A silencer for a gun using black powder would require a significant effort to clean after each use.

Smokeless/non-corrosive gunpowder did not become common until about 1900. At that point, gun mufflers became more practical. Increasing prosperity in society, brought about by technical innovation and the use of fossil fuels, made target shooting more economical for more people.

Hiram Maxim invented the gun muffler in 1902. It was moderately popular. President Theodore Roosevelt owned several and found them useful for target shooting and pest control.

The Progressive regime of Franklin Delano Roosevelt was able to make the interstate transportation and marketing of silencers prohibitively expensive in 1934.   There was no clear reason to do so in the legislative record. Placing prohibitive taxes on machine guns, silencers, and short-barreled rifles and shotguns was the booby prize in 1934. The main aim of the proponents of the law had been to require registration and licensing of all pistols.

How states banned silencers is less clear. There was no upwelling of public sentiment to ban silencers. It appears there was a top-down push, perhaps to protect the federal law from challenges.  Texas passed its ban on silencers in 1973Iowa banned silencers in 1983. Wisconsin law banning silencers was hidden in a budget bill in 1991.

There has been pushback. Some states which banned silencers have allowed possession under federal law. Some states have removed their state bans altogether. Texas recently repealed its silencer ban and replaced it with an anti-commandeering law favoring silencers.

Silencers are legal to own in 42 of the 50 states.

Where you can legally hunt with Suppressors in 2021 by state.
Where you can legally hunt with Suppressors in 2021 by state.

The American Suppressor Association keeps track of state legislation. ATF has a good compendium of firearm laws by state.

States with outright bans on gun mufflers/silencers/suppressors are California, New York, Illinois, Massachusetts, New Jersey, Hawaii, Delaware, and Rhode Island.  They account for 8.11% of the land area of the United States.  There are ongoing efforts in those states to allow for silencer ownership under federal law.

If Texas, whose silencer reform law goes into effect on 1 September 2021, is included, there are 22 states who do not regulate silencers under state law. They cover 39.5% of the land area of the United States.

The states which offer significant opportunities to repeal bans on safety devices are those which have ceded sovereignty over silencer regulation to the federal government.  There are 20 of them.

They are Alaska, Arizona, Colorado, Connecticut, Georgia, Iowa, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, North Dakota, Ohio, Oregon, South Dakota, Vermont, and Wisconsin. They cover 52.5% of the land area of the United States.

Nine of those states are Constitutional Carry states.  Several others are somewhat supportive of the Second Amendment. Those states seem ripe for legislation to repeal their state bans on gun mufflers/silencers/suppressors.

The ban on gun safety devices never made any sense.

The records show they are seldom used in crime. Millions have suffered significant hearing loss because of the medical blunder of the FDR administration.

Repeal of state bans accomplishes several things. It sends a message the federal ban is foolish and counterproductive. It removes a potential barrier if the federal law is reformed. It reaffirms state legislatures’ support of the Second Amendment. It limits the possibility for states to prosecute people for possession of safety equipment.

There are only a few federal prosecutions for illegal silencer possession each year. It appears the number is about 30 a year. If people make their own gun mufflers, and state prohibitions are repealed, the danger of federal prosecution becomes vanishingly small, unless the person actively seeks to become a test case, or brags about flouting the federal law on social media.

As with prohibition, when the public ignores the law, there is a good chance to repeal it. The ban on gun mufflers, also known as silencers/suppressors, is ripe for public scorn.

This correspondent recommends Second Amendment supporters use the ATF Form 1 to obtain legal permission to make their own gun muffler. Massive compliance is another way to attack the travesty of the federal ban.


About Dean Weingarten:

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

Dean Weingarten

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Russn8r
Russn8r
1 month ago

There you go again, TEX(!!!)!!!

“Sanctuary State” riddled with a patchwork-quilt of “gun-free” zones thanks to your cuck hero Abbott (“R”, TEXAS)!!!

And when TEXAS(!!!) enforcers happily OBEY their federal “partners” & help bust suppressor sellers & buyers, you’ll make more excuses for them. (!!!)

Last edited 1 month ago by Russn8r
APG member
APG member
1 month ago
Reply to  Russn8r

You are correct about Abbot. HE IS NOT A DEMOCRAT! HA HA HA HA!!!!

Russn8r
Russn8r
1 month ago
Reply to  APG member

That’s right, genius.

ABBOT IS AN UNDOCUMENTED DEMOCRAT!

HA HA HA HA!!!!

Last edited 1 month ago by Russn8r
FORD Will
FORD Will
1 month ago
Reply to  Russn8r

J .O.

FORD Will
FORD Will
1 month ago
Reply to  Russn8r

I am still trying to figure whether you are a JACK 0ffff or Jackwagon or A JACK$$$ I’m on the latter now.

KDude
KDude
1 month ago

Count me with the hearing loss. If a law firm wanted to get a class action lawsuit that would be punitive against the lawlessness of both federal and state with their restrictions on hearing protection for gun owners exercising their natural right to keep and bear arms, I’d sign on in a heartbeat.

Last edited 1 month ago by KDude
Beobear
Beobear
1 month ago

You can scratch Georgia off the list, it’s fallen to the blue cancer. Sadly, you can expect nothing but continued infringements from this state government.

Russn8r
Russn8r
1 month ago
Reply to  Beobear

I think that fat gap tooth African women is still saying…!…!”
TEX(!)/Will, brainiac ex-enforcer

What’s that “women’s” skin color have to do with it, genius? Third time your low-IQ race hate slipped out.

loveaduck
loveaduck
1 month ago
Reply to  Russn8r

True. I don’t know why he expresses it publicly. Just gets in the way of the real reason for the post.

Russn8r
Russn8r
1 month ago
Reply to  loveaduck

Maybe focusing on her skin color is his real reason for the post.

Last edited 1 month ago by Russn8r
FORD Will
FORD Will
1 month ago
Reply to  Russn8r

$$OLA?

Russn8r
Russn8r
1 month ago
Reply to  loveaduck

How about you leave racism to the experts, TEX(!!!)?

i.e. Democrats. (!!!)

At least keep it to yourself on AmmoLand. (!!!)

FORD Will
FORD Will
1 month ago
Reply to  Russn8r

TROLL TURD

Russn8r
Russn8r
1 month ago
Reply to  FORD Will

Troll turd says troll turd. Must be hard typing with TEX(!!!) all up in you working your meat puppet controls!!!

Last edited 1 month ago by Russn8r
alzada
alzada
1 month ago
Reply to  Russn8r

I think fat,gap tooth, black woman is an adequate an accurate description of this pretender to the office of governor !!

Russn8r
Russn8r
1 month ago
Reply to  alzada

Duh HUH !!

FORD Will
FORD Will
1 month ago
Reply to  Russn8r

MO-ronnie?

FORD Will
FORD Will
1 month ago
Reply to  Russn8r

J.Wagon?

Luv2shoot
Luv2shoot
1 month ago

I definitely like the use of the term ‘gun muffler’ over silencer or sound suppressor. I’m going to start using that term from now on. It sounds less ominous.

nobodyuknow
nobodyuknow
1 month ago

For the federal government, getting a mother-may-I piece of paper for a suppressor is about the $200,00 transfer tax. If there is money to be made of something, you’ll see the feds standing first in line with their hands out. For states, the list you see contains all of the usual suspects. I own several suppressors and one integrated suppressed firearm. They allow me to hunt on my small farm without rattling the windows of my neighbors and interrupting their sleep when I am out at the crack of dawn hunting. Requiring a tax stamp from the federal government and… Read more »

Happy Everafter
Happy Everafter
1 month ago

So silly! So political! I think Hollywood makes illegal use of silencers more often in a day of filming than all the crimes committed in a year using silencers. Of course, that is where the truly dumb get their facts….

RayJN
RayJN
1 month ago

Democrats/liberals/progressives/socialist/communist don’t need no stinking facts. Chicago–murder central none of the criminal are bothering with a suppressor.

Russn8r
Russn8r
1 month ago
Reply to  RayJN

You got that right!”

YEAH!

Could you brown-nose for votes any harder, TEX (!)?

alzada
alzada
1 month ago
Reply to  Russn8r

Are you a MORON ???

Russn8r
Russn8r
1 month ago
Reply to  alzada

MORON SAYS MORON !!!

DUH HUH !!!

FORD Will
FORD Will
1 month ago
Reply to  alzada

complete AND A USELESS POS!

Russn8r
Russn8r
1 month ago
Reply to  FORD Will

Nice projection, TEX(!!!)

FORD Will
FORD Will
1 month ago
Reply to  Russn8r

IT is a good thing you cant been seen on the street, some other than me might do you some harm. Back to the Jack.WAGON ,SOS or POS EITHER fits you

Last edited 1 month ago by FORD Will
Russn8r
Russn8r
1 month ago
Reply to  FORD Will

Thug threats noted, TEX(!!!)!!!

Russn8r
Russn8r
1 month ago
Reply to  FORD Will

That scumbags time will come sooner than later too!”
-TEX(!!!)/Will/FORD Will

Thug threat noted. Come get some, you cowardly thug. Bring your lunch.

Last edited 1 month ago by Russn8r