The legality of silencers, often called suppressors, in Washington is a complex issue with nuances that require careful understanding. This guide will clarify the current laws and regulations surrounding suppressor ownership and use in the state of Washington.
Washington State Law on Silencers
Washington state law permits the possession and use of silencers, but under strict regulations. It's crucial to understand that simply possessing a suppressor isn't enough; you must comply with all federal and state laws governing their acquisition, registration, and use.
Federal Regulations: The National Firearms Act (NFA)
Before diving into Washington-specific regulations, it's vital to acknowledge the overarching federal law: the National Firearms Act (NFA). The NFA classifies silencers as National Firearms Act (NFA) items, requiring a rigorous registration process through the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). This involves a background check, tax payment, and a waiting period. Failure to comply with the NFA renders suppressor ownership illegal, regardless of state law.
Washington State Specific Requirements
While Washington allows silencers under federal guidelines, the state itself doesn't impose additional restrictions beyond those mandated by the NFA. However, it's essential to always check for any updates or changes in state legislation concerning firearms and firearm accessories.
Obtaining a Silencer in Washington: The Process
The process for legally obtaining a silencer in Washington mirrors the federal NFA process:
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Application: You must complete ATF Form 4, the application for the tax stamp. This involves providing personal information, fingerprints, and photographs.
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Background Check: A thorough background check is conducted by the ATF. This is a crucial step and any disqualifying factors (felonies, certain misdemeanors, domestic violence convictions, etc.) will prevent approval.
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Tax Payment: A tax of $200 (as of October 26, 2023) is required for the NFA registration.
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Waiting Period: There's a significant waiting period involved in the approval process, which can vary greatly depending on current ATF backlog.
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Dealer Involvement: You must purchase the silencer through a licensed firearms dealer who is registered to conduct NFA transactions.
Legal Use of Silencers in Washington
Even with a legally obtained silencer, its use is not unlimited. Washington state law, like many other states, prohibits the use of silencers in certain situations. For instance, discharging a firearm equipped with a silencer during a crime will result in severe penalties. Additionally, local ordinances may place further restrictions on suppressor use within specific jurisdictions. Always check local regulations before using a silencer.
Penalties for Illegal Possession or Use
Possession or use of a silencer without complying with both federal and state regulations can result in significant penalties, including hefty fines and imprisonment.
Conclusion: Due Diligence is Key
The legality of silencers in Washington hinges on strict adherence to both federal and state laws. Before purchasing or possessing a silencer, thoroughly research and understand all applicable regulations. Consulting with a legal professional specializing in firearms law is highly recommended to ensure compliance. Remember that this information is for guidance only and doesn't constitute legal advice. Always consult with relevant authorities for the most up-to-date and accurate information.
