NC Suppressor Laws 101: The Definitive Guide

A Primer on Suppressor Laws in North Carolina

A suppressor (also called a silencer) is a device attached to the muzzle of a firearm that acts to reduce the sound of the gun firing. When a bullet is fired, its initial velocity may create a change in air pressure, resulting in an audible sound. The suppressor acts to reduce the explosion and separate gas from the main bullet, so that the gunshot is quieter. Currently, the only way one can legally obtain a suppressor in North Carolina is to apply through the Bureau of Alcohol , Tobacco, Firearms and Explosives (ATF). The suppressor must be registered through the ATF. Once a person applies and receives approval, the suppressor must be registered to them alone and remain with them at all times. This includes transporting it within the state. All persons that possess a suppressor must have the Approve Form 4 in their possession at all times when in legal possession of a suppressor.

Requirements for Suppressor Ownership in NC

Much like the process of buying a new pistol or rifle, the process for purchasing a suppressor is relatively simple. However, because the federal government is involved, there are a number of forms you must fill out, payments required, and of course, a background check.
If you want to know what the law currently says about suppressors, refer to these sections of the NC General Statute: Section 14-19 Section 14-402 through 14-411 Section 14-409
The Process The process for first time buyers is a bit lengthy but there aren’t any surprises. The steps are as follows: 1. Fill out Form 4 2. Submit fingerprints 3. Pass the background check 4. Pay the $200 tax and submit payment to the ATF 5. Wait to hear back from the ATF (Process time currently runs about 7 month but this time can vary). In addition to this process, you will also need to complete two extra requirements if you want to take it anywhere. 1. Submit a request for a tax stamp to the local sheriff. 2. Get the signature of your local sheriff, or the sheriff in the area where you want to use the suppressor. Once you have all of the documents submitted, you will wait for the ATF to process the paperwork and receive your serial number. Currently, this takes about 7 months.
If at any time during this process the ATF determines that you aren’t capable of safely handling a firearm or approved device, your application will be denied. For more information (and a detailed explanation of each form), please visit the ATF.gov website and refer to their FAQ section.
Keep in mind that these laws are both state and federally regulated. As such, they can change at any time so be sure to check with the ATF or your local sheriff’s office for any possible changes.

Suppressor Regulations: Federal vs. NC

Federal laws and North Carolina state laws generally align on the issue of suppressors. The only major conflict is in the area of federal collector’s items. For the federal government, collectors’ items are not regulated like other items. There are no limits, no restrictions.
The big difference in the regimes is the NC status of suppressor manufacturing. For the federal government, you have to follow all the normal regulations from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). You have to apply for permission to manufacture suppressors but can do it without restriction.
North Carolina has a unique law on suppressor manufacturing. You can only manufacture suppressors if your home residence is not in a county that has any municipalities within it that have irrigation superintendents. Currently, this includes every county in NC. This means that anyone who wants to manufacture suppressors can be completely blocked by municipalities that have irrigation superintendents.

Applying for a Suppressor Tax Stamp

The application process for a federal tax stamp is no different than that of transferring other NFA firearm. First, you must choose a licensed Class III dealer with whom you wish to do business. A licensed Class III dealer is not the same as any gun shop and are much harder to find. A simple Google search or visit to the ATF’s website will help you identify where to find a qualified dealer in your area. Of course, the dealer is more than willing to assist you with the application process.
The first step in the process is the filling out of two forms. The first form is Application to Make and Register a Firearm, ATF Form 5320.1 (5320.1), the second is Application for Tax Exempt Transfer and Registration of Firearm, ATF Form 5320.22 (5320.22). A small fee, currently $200.00 is required for the processing of these forms. Form 5320.1 is utilized for new firearms and Form 5320.22 is utilized for people who already own firearms, specifically suppressors and/or machine guns. At this time only owners of suppressors, machine guns and/or short barreled rifles or shotguns can apply for two or more tax stamps at once. Similarly, a person cannot apply for more than one tax stamp on Form 5320.1, and if more than one is desired a separate application and payment must be made for each. As such, most people filing applications will only need form 5320.22.
Once the appropriate form(s) have been filled out, identifying documentation must be submitted. For an individual, this includes a photograph and a fingerprint card. The fingerprint card is similar to a background check form and can be provided by the dealer. Once the appropriate forms, payment, and documentation has been submitted, the application will be processed within 60-90 days. However, as there is a backlog in processing all NFA firearm applications, the processing time often takes 90-120 days or longer for some applications.
While the above process and timeline would be applicable for the purchase of any suppressor in the United States, and thus its application in North Carolina, its worth noting some differences between the North Carolina process for purchasing and possessing a suppressor. The price of suppressors is significantly less than that of other shotgun and rifle suppressors, and as such a person can purchase a suppressor more frequently. A person also can possess as many suppressors as they choose and there is no limit to the number of suppressors a person can possess. North Carolina is also very unique in that a person does not need a concealed carry permit to possess a suppressor. Additionally, a person may build their own suppressor. Unlike other states, North Carolina does not require a permit to build a suppressor, it merely requires that a person pay the $200.00 tax.

Requirements for Possession and Use

NC Suppressor Laws: A Comprehensive Guide
Beyond restrictions on being able to purchase a suppressor in North Carolina, there are additional laws on suppressor possession and use. For instance, under North Carolina general statutes, you can own a suppressor but your options for where you may use it are limited. While you are free to use a suppressor on any public or private land, so long as you have permission of the landowner assuming the land is not a prohibited place, you may not use a suppressor while shooting on a public street or road. Vehicles also constitute a prohibited place for the use of a suppressor, if the suppressor is fitted to a firearm, whether the vehicle is parked or not .
Similarly, it is also prohibited to use a suppressor on a firing range in an urban district. However, the use of a suppressor is legal on a firing range anywhere else in the state. Thus, users must be mindful of their location when using a suppressor.
Additionally, there are regulations and requirements for the transportation of suppressors. When possessing and transporting a suppressor, you must carry proof of your eligibility to possess firearms, such as your conceal carry permit or a valid pistol purchase permit. Again, you would need to have proof of the laws on suppressors as well so that you are able to show officers you are legally able to possess a suppressor.

Penalties for Violation

The effects of non-compliance with NC suppressor laws and federal regulations can be quite severe. Not only are there state-level consequences, but federal violations can also put you in serious legal jeopardy.
Say that a North Carolina resident, who is also a citizen of the United States, has been living under a rock for the past five years and hasn’t heard about the HS-421 form required for buying NFA items from a Class 3 dealer. If this person were to stroll into a gun shop and attempt to buy a suppressor without completing the NFA Form available online, it would be an immediate denial of the purchase. That denial opens the door for all kinds of legal trouble, not just for the purchaser.
While this might sound a bit extreme, violations of NC suppressor laws have the potential to affect the legal rights of a generous amount of people, depending on how far the "violator" is willing to push their luck. For example, a North Carolina resident illegally building and using a homemade suppressor on their own property could be in violation of NC suppressor laws, as well as federal regulations. As they are a North Carolina citizen, they would be subject to three years of probation, possibly even jail time if the NC district court finds them guilty of the crime.
However, the friends and family of the individual who made the suppressor could be found liable as well. One method of suppressor manufacture is using a stoned hole drilled into a block of aluminum. Theoretically, if a neighbor were to walk up and notice the suppressor making a home at the accused’s home and then decide to lend a helping hand, they could be found guilty as an accomplice to the crime, should the original offender be found guilty. They will be in possession of all said suppressors and potentially facing charges for aiding the manufacture and use of illegal suppressors.

Future Changes and Pending Legislation

Since the enactment of the National Hearing Protection Act of 2017, which eliminated the 11% federal tax on suppressors, state lawmakers considered amending their suppressor laws as well. In North Carolina, the fate of significant changes to suppressor laws remains uncertain. Perhaps the most significant recent change occurred in 2019 when a bill was passed into law limiting the future regulation of silencers and suppressors. The bill states that "no local act adopted by a unit of local legislation after July 1, 2014, may enact or adopt any ordinance" regulating the "sale, purchase, transfer, ownership, use, possession, transfer, manufacture, importation, exportation, registration, recording, identification, transferability, track and traceability systems, or distribution of a suppressor . "
Prominent North Carolina state lawmaker Jason Saine sponsored House Bill 655 in 2019 to add suppressors to the federal National Instant Criminal Background Check System (NICS). Since the bill did not pass the House of Representatives by the original deadline last Spring, it was put in committee and actively debated throughout Summer. The bill would have allowed NICS checks for suppressors that were purchased by North Carolina buyers from North Carolina dealers. It would also have established a fine for dealers who do not comply with the requirement. As of now, the fate of the bill is unknown, but it remains alive in the current legislative session.