In September, I ran across the following writeup, and attempted to contact the author for attribution. He declined and wishes to remain anonymous. I have long held that NFA'34 rules are silly, and that exempting noise-suppressors is a first step at repealing/reforming the entire act. This article lends credence to that, and also explains NFA'34 very well (emphasis in bold added):
In much of Europe they are considered neighborly. In Finland and
Norway one can be purchased without paperwork at the local hardware
store. Even in the United Kingdom, their use is often encouraged for
hunting and acquiring one is relatively easy.
I'm talking about suppressors, "cans," or
as long as one understands the name isn't literally true, "silencers."
(In Britain, they're known as "moderators.") But while the United States
remains the gold standard in preservation of the right to keep and bear
arms, these useful accessories have been demonized beyond all reason.
Far from the modern popular and erroneous
notion that suppressors were created for organized criminals and
assassins, when Hiram P. Maxim (son of Maxim machine gun creator Hiram
Stevens Maxim) patented the first suppressor in 1910 his goal was to
minimize noise pollution. Ads for the product featured a character
called "Dr. Shush" and Maxim himself imploring those at a firing range
to "hush," with another noting, "Girls like it when there's no
nerve-ripping report." Seemingly obsessed with sound, Maxim's company,
Maxim Silencer Co., would go on to make car mufflers and offer
consulting services on noise reduction.
While Maxim's marketing may have focused on
politeness, his invention's contribution to hearing safety is of
greater importance. Most shooters and almost all hunters have firsthand
experience with the effects of unsuppressed gunfire and know the results
can be dangerous. The average gunshot is well above 140 decibels, the
level at which permanent hearing loss can occur. Every responsible
shooter uses proper ear protection at the range, but it's not an option
in home defense and many hunting situations. And while a suppressed
firearm is by no means silent, it does offer protection from dangerous
noise levels. In light of this, suppressors should be viewed as safety
devices, rather than demonized.
Unfortunately, by the early 1930s some in
law enforcement came to fear their possible use by criminals. When the
National Firearms Act of 1934 was enacted, "silencers" were included
alongside machine guns and short-barreled shotguns. To make sure the
average citizen couldn't buy a suppressor, the Congress imposed a $200
tax on the accessory. Considering the average family income at the time
was $1,524 per year, it was a highly prohibitive sum.
Today suppressors are legal to own in 39
states, but since they are subject to the National Firearms Act, the
would-be owner must fill out a Bureau of Alcohol, Tobacco, Firearms and
Explosives Form 4, acquire the signature of his or her chief local law
enforcement officer, and submit a passport-size photo to the BATFE along
with a set of fingerprints. This information, along with the $200
transfer tax, is sent to BATFE for a rigorous background check. All of
the information is then recorded in the National Firearm Registration
and Transfer Record, the BATFE database of NFA firearms.
If this process sounds onerous, that's
because it is; but despite these regulations there are also 11 states
(California, Delaware, Hawaii, Illinois, Iowa, Minnesota, New Jersey,
New York, Massachusetts, Rhode Island and Vermont) that ban the
possession of suppressors outright. Still others allow possession of
suppressors, but bar their use for hunting.
Such state laws are pointless, as laws
governing suppressors, just as with all other firearm laws, aren't
followed by criminals. Rather than purchasing them legally, violent
criminals mostly opt for crude homemade suppressors made of materials
such as soda bottles and duct tape—not exactly the kind of thing those
willing to be registered and pay the $200 NFA transfer tax are
interested in.
The strict federal regulations are more
than enough, which is why the NRA Institute for Legislative Action has
been working to abolish unnecessary and restrictive state laws. In
April, Washington enacted a law clearing up a peculiar situation in
which suppressors were legal to possess, but illegal to use. That same
month, the Kansas and Montana legislatures debated the use of
suppressors for hunting, with Kansas adopting legislation allowing for
their use.
The most recent blow for freedom was struck
in Michigan on September 2, when Michigan Attorney General Bill
Schuette released a formal opinion declaring the possession, manufacture
and sale of suppressors to be legal in the Great Lakes State.
Expressing support for the Attorney
General's sound logic were a number of Michigan law enforcement
officials. Barry County Sheriff Dar Leaf noted a suppressor's usefulness
in helping "keep the peace" between shooters and their neighbors.
Others cited federal law as sufficient regulation, with Marquette County
Sheriff Michael Lovelace stating, "Noise suppressors are a useful tool
for Michigan firearms enthusiasts and the rigorous federal licensing
process serves as a safeguard to ensure only law-abiding citizens can be
in possession."
An issue like reforming state suppressor
laws may not get as much attention as high profile matters like
Right-to-Carry laws and UN gun control schemes, but rest assured that
the NRA-ILA is working to make sure law abiding citizens can possess and
use these useful accessories. By educating our fellow shooters about
the benefits and misconceptions of suppressors, we can help bring the
remaining holdout states into line with the rest of the country, and the
world.
So, let anyone buy a suppressor without regulation. Then maybe some of these long-established ranges will face less pressure from "imported" residents moving into newly developed subdivisions nearby. After all, suppressors reduce hearing damage. And what parent would not want their children's hearing protected? C'mon! Its for the children you know. Or do you hate children? :)
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