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How to Buy Your Gun Silencer

Laws, Purchasing, and Everything Else You Need to Know

If you’ve been considering purchasing a silencer or sound suppressor, the purchase process may seem intimidating. After all, every online resource you find seems to suggest that the process isn’t just tedious, but incredibly complicated as well.

However, this simply isn’t the case. In fact, purchasing your own silencer requires less paperwork than you might think, especially when Dakota Silencer does the paperwork for you.

To clear up all the conflicting information available from most resources, we’ve put together a guide to ensure you not only know whether or not it’s legal for you to own a silencer, but also understand your purchase options as well.

 

Can You Legally Own a Silencer? 

Currently, it isn’t legal to own a silencer in every state. See map below, silencers/suppressors are legal in 42 states.

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What Process Should You Use to Purchase Your New Silencer?

Purchasing your silencer isn’t always tricky, but the process can be if you don’t understand your options. You have three options, each of which is associated with specific advantages and disadvantages.

Your three options include:

  • Purchase the silencer through a trust
  • Purchase the silencer through a corporation; and
  • Purchase the silencer in your own name

Let’s explore more about each option so you understand which is best for your needs.

 

Purchasing the Silencer through a Trust 

When you purchase your silencer from Dakota Silencer, we have a Gun Trust we offer to our customers free of charge.  Dakota Silencer can also recommend a local attorney as well. Specific advantages of this method include:

  • Multiple Possessors – Anyone who is named as a trustee in the trust may possess the silencer, meaning it won’t be limited to just the purchaser.
  • Can be Changed at Any Time – Revocable trusts may be changed at any time, all without having to notify the ATF.
  • One-Time Process – You can create a trust once and use it again for future silencers or NFA items you purchase.
  • Helps with Legacy Planning
  • 99.5% of Dakota Silencer’s customer go through a Gun Trust

Of course, there are certain disadvantages to note as well:

  • Up-Front Work Required – Typically, trusts must be set-up, which requires up-front work through a do-it-yourself solution or with the assistance of a gun trust lawyer. Luckily, at Dakota Silencer, we already have a trust set up for you, so you won’t have to worry about this step.  Just need to visit a notary for notarizing your gun trust.

In consideration of both the advantages and disadvantages, registering your silencer to a trust is best for:

  • Individuals who want to share possession of their silencer with friends or family members
  • Individuals who want more flexibility from a long-term perspective
  • Individuals who are planning on purchasing NFA products in the future

 

Purchasing the Silencer through a Corporation 

If you don’t believe that registering your new silencer to a trust is best, you may also want to consider registering it to a corporation. There are several advantages of doing so:

  • Multiple Possessors – Any officer in the corporation may possess the silencer.
  • Simple for Existing Corporations – You won’t have to go through the process of setting up a trust if you already have a corporation.

Naturally, there are also disadvantages to be noted:

  • Must Keep Your Corporation in Good Standing – To register your silencer to a corporation, you must keep your corporation in good standing forever. Often, this is more work than setting up a trust because with a trust, you can set it up and forget about it.  State fees to annually register will only increase over time.
  • Only officers of the corporation may possess –  adding others to the corporation can create tax liabilities for those added.
  • Loss of the benefits of legacy planning.
  • Dakota Silencer does not normally recommend this option

With the above advantages and disadvantages in mind, it’s clear that registering a silencer to a corporation is best for:

  • Individuals who already own corporations and would like the corporation to be the legal owner of the silencer
  • Individuals who are planning to purchase NFA products in the future

 

Purchasing the Silencer in Your Own Name 

If you don’t want to register your silencer to a trust or corporation, your only other option is to register it in your own name.

The only main advantage of doing so is that you won’t have to set up a trust or corporation, meaning you avoid the up-front work. However, remember that at Dakota Silencer you can take advantage of our own trust at no additional charge.

There are several disadvantages specific to this option:

  • Only You Can Possess the Silencer – While others can use the silencer if you’re present, they cannot physically possess the silencer at any time.

With these specific advantages and disadvantages in mind, there are a few individuals who may want to take advantage of this option:

  • Individuals who aren’t planning on purchasing several NFA items in the future
  • Individuals who simply want to begin the buying process
  • Individuals who will always be present when the silencer is being used by others
  • Individuals with no relatives, do not plan to leave their silencer to others at death

 

And With That, You’re Prepared to Make Your Purchase! 

While countless online resources make it seem as if purchasing and registering a silencer is difficult and confusing, it doesn’t have to be. This is especially true once you can confirm that it’s legal for you to own a silencer in your state and have chosen the proper registration option for your needs.

When you purchase from Dakota Silencer, you’re purchasing from a company with over 12 years of experience in handling the paperwork on Class 3 firearms for customers throughout the country. With our Gun Trust free of use to you, our customers, you can simplify the entire process even further!

If you have any questions regarding the process or how we can help, contact a member of our full-time, dedicated staff between 8:30 a.m. and 5 p.m. at 888.781.8778. We look forwarding to assisting you with all your Class 3 firearms needs!

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