According to CRS 18-12-102, it is a Colorado felony to knowingly possess dangerous weapons – which includes silencers.1
A first-time conviction of possessing a dangerous weapon like a silencer is a class 5 felony carrying:
- 1 to 3 years in Colorado State Prison, and/or
- $1,000 to $100,000.
And a second or subsequent conviction is a class 4 felony, carrying:
- 2 to 6 years in prison, and/or
- $2,000 to $500,000.2
However, you can possess silencers if you have a National Firearms Act (NFA) tax stamp for it. Learn more about the NFA at the ATF website.
What are silencers?
A silencer is an accessory to a firearm. You can add one to a gun to suppress the noise the gun makes when it is fired. It can also cover the flash of the gun’s muzzle when it discharges.
Silencers are also known as:
- Suppressors,
- Sound moderators, or
- Muffler.
Many silencers are manufactured by large companies. However, silencers can also be assembled from other parts. Both of these types of silencers are regulated by gun laws.
Gun laws that regulate silencers can come from the federal government and the state government.
Are silencers ever legal in Colorado?
There are three defenses to a charge of possessing a dangerous weapon, such as silencers. These are:
- You are a peace officer, like a police officer; or
- You are a member of the armed forces and are acting in your lawful discharge of your duties; or
- You have a valid permit and license for the dangerous weapon.3
In Colorado, some people argue that since there are no permits or licenses available to own a silencer, silencers are therefore legal. But the letter of the law indicates that silencers are illegal.
Does federal law ban silencers?
Guns are also within the scope of federal law. Those federal gun laws, though, do not ban silencers. Instead, they regulate silencers by requiring silencer owners to:
- Pay a stamp tax, and
- Register their silencer.
The federal law that regulates silencers is the National Firearm Act, or NFA. The NFA puts firearms and accessories into categories. Silencers fall into Class 3 NFA items.
The NFA regulates Class 3 items at the point of transfer.
In order to buy a silencer, you have to:
- Pass a background check,
- Pay a $200 stamp tax to the Bureau of Alcohol, Tobacco, Firearms and Explosives, and
- File paperwork to have your silencer registered in a national registry.
That paperwork requires lots of personal information, including:
- Your name and address,
- Your photograph,
- Your fingerprints, and
- Information about the silencer you are buying.
You will have to send this paperwork to the Bureau of Alcohol, Tobacco, Firearms and Explosives. You will also have to send a copy to your local law enforcement agency. This additional copy is to notify the local police of your purchase of a Class 3 NFA item.
Which states have banned silencers?
The following states have banned silencers:
- California,4
- Delaware,5
- Washington, D.C.,6
- Hawaii,7
- Illinois,8
- Massachusetts,9
- New Jersey,10
- New York,11 and
- Rhode Island.12
Other states may have regulations that you have to comply with before crossing state lines. Unlike for other Class 3 NFA items, federal law does not require you to notify the Bureau of Alcohol, Tobacco, Firearms and Explosives before crossing state lines with a silencer.
Learn more about Colorado gun laws.
References:
- C.R.S. § 18-12-102.
- C.R.S. § 18-12-102.
- C.R.S. § 18-12-102.
- California Penal Code § 33410.
- 11 Del. Code Ann., § 1444.
- D.C. Code § 22-4514.
- Hawaii Rev. Stat. §134-8.
- 720 Ill. Comp. Stat. 5/24-1(a)(6).
- Mass. Gen. Laws ch. 269, § 10A.
- N.J. Stat. Ann. § 2C:39-3(c).
- N.Y. Penal Code §§ 265.02 and 265.10.
- R.I. Gen. Stat. § 11-47-20.
