legal to own a suppressor? TEXAS

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yongxingfreesty

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I am in houston, TX and I want to purchase a suppressor and pay the $200 tax stamp.

I heard it's a lot harder than that, but a friend told me something about wilmaker that doesnt require the chief to sign off, finger print and photo ID.

can someone explain this to me? Ive searched and have not found anything.
 
Do you know that the CLEO won't sign? Here they sign it as routine so it is easy and I have one for my Uzi. Find out first if you can just submit the paperwork and get it signed.
 
A suppressor has to be transferred on a Form 4 and yes, a CLEO signature is required unless the purchaser is a corporation. I don't know Texas law, but suppressors are illegal in some states/cities, even where machineguns are legal.

Unless you know of a suppressor for sale by an individual, your best bet might be to locate a Class 3 dealer who can provide the forms and guide you through the process.

Jim
 
You can go down to Walmart, buy a copy of Quicken and create a Living Trust. You can use that Trust to buy NFA items without CLEO, fingerprints or photographs.

Yes, suppressors are legal in TX.
 
If you do decide to form a Revocable Living Trust, NFA Branch is currently requiring a copy of your Decleration of Trust, not just your Certification of Trust as they did in the past. Due to the massive incresase in trust transaction (as of July (or maybe June) Dan Pickney (sp?), then an examiner, had posted on ARFCOM that he had seen over 700 trusts already this year, they want to ensure that they are binding.Word is, NFA branch has been assigned two lawyers from ATF Legal to examine the trusts.

A suppressor has to be transferred on a Form 4 and yes, a CLEO signature is required unless the purchaser is a corporation.
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When a Trust is used, the application is filed under the Trust's name, and the "Corporation or Other Business Entity" box is ticked. Only individuals (human beings, not other people), need to have the prints, mug shots, and sign-off done. Questions 7 & 8(IIRC) (are you a felon, citizenship renouncer, wife beater, etc...) are filled out with your information. You sign the sig box, and identify yourself and your position, ie:
Homer J. Simpson, Grantor and Trustee
 
No safe, but a locklable container if you have other folks living there too. Those not named on teh F1/4, or in the trust/llc may not have possesion.
 
anyone ever been denied and not get their money back? anyone denied and get $200 back?
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If the application is denied, you get the money back, it just takes a while.
However, there is no reason why you should be denied as long as your paperwork is in order, and theitem is legal in your state.
 
sweet, just wondering because Im worried they will deny it to a 21yr old.
ill stop by walmart tonight! thanks everyone for the tips.
 
sweet, just wondering because Im worried they will deny it to a 21yr old.
ill stop by walmart tonight! thanks everyone for the tips.
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People younger than you have been approved- it's perfectly legal for individuals age 18-20 to have NFA items as long as they are made on a Form 1 OR are transfered to them on a Form 4 from a private party (not an FFL)- as long as state law doesn't prohibit such.

NFA Branch is very professional, and they don't play any of the games that some people attribute to other ATF branches. The only time your application will be denied will be if:
*You are a prohibited person
*The firearm is illegal in your state
*The firearm isn't legal for you to own (ie. dealer sample if you're not an SOT)

If there is a problem with your trust-if you go this route- (this will only happen if you don't meet requirements), your application will be kicked back, but you wil be allowed to amend your trust and they will reexamine your application.

NFA applications are approved on a shall-issue basis.

NFA Branch has excellent customer service. You can even call them to enquire on the status of your application.
 
I just got hosed at the local Sheriff's Office. I called them and a nice lady told me she did not know what an ATF Form 4 was. I told her a little about it. She goes into the Sheriff's office and reads me off some of the forms she finds in the Sheriff's files. They are verbatim what the CLEO section says on my Form 4. No sweat I think. I order my suppressor, pay for it, wait for it to come in, go pick up my paperwork, deliver it to the Sheriff, then get a call. "Oh the Sheriff does not sign these forms anymore. He has recently changed his policy on these." Now what?! I call up my dealer and they say it can only be the Sheriff- not the Chief of Police. But then I see this in another forum-

Quote:
Often, the Chief of Police may be very negative, but the Sheriff may be open to the idea. You can use either one.
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So who is right and where is the documentation to back it up? Don't know if the Police Chief will sign or not- going to call him tomorrow. But it would be a lot easier if he did. If not, I guess I will go the Trust route. Seems the least costly route to get my suppressor that is sitting in a box at the dealer, gathering dust, instead of lead!
 
Yea, do the Living Trust. Then call your local sheriff and inform him that his permission is not required to obtain your suppressor and you and your friends will remember him in the next election.

BTW, the CLEO is not limited to a single designated person. Your local dealer is wrong. It can be any number of LEO types that have jurisdiction over your place of residence. The CLEO can be the local Police Chief, Sheriff, Head of State Police, Local or State DA/Prosecutor and "or such other persons whose certificate may in a particular case be acceptable to the Director." This means the Director of ATF can authorize a person to sign in place of the normal CLEO. In the past, the director has been know to authorize the local US Attorney, local US Marshals, local supervising FBI agents and local federal judges to perform the CLEO signature.

Here's your proof:

(M18) What law enforcement officials’ certifications on an application to transfer or make an NFA weapon are acceptable to ATF?


As provided by regulations, certifications by the local chief of police,sheriff of the county, head of the State police, or State or local district attorney or prosecutor are acceptable. The regulations also provide that certifications of other officials are appropriate if found in a particular case to be acceptable to the Director. Examples of other officials who have been accepted in specific situations include State attorneys general and judges of State courts having authority to conduct jury trials in felony cases.
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http://www.atf.treas.gov/pub/fire-explo_pub/2005/p53004/q_and_a.pdf
 
Go to this guy's shop in Houston. He sells to Houstonians and is very knowledgeable regarding the processes (Trust formation, Corporations, Private persons, etc...).

It's a small shop in a not-so-great part of town, but give'em a call or just go in. He had some in stock last time I was there, and he went out of his way to explain everything to me.

Republic Arms
2126 West 34th Street
Houston, Texas 77018
Ph: 713-682-5549
http://www.republic-arms.com/
 
So who is right and where is the documentation to back it up? Don't know if the Police Chief will sign or not- going to call him tomorrow. But it would be a lot easier if he did. If not, I guess I will go the Trust route. Seems the least costly route to get my suppressor that is sitting in a box at the dealer, gathering dust, instead of lead!
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There is actually a list of people who may sign a Form 4. Sheriff is the most common, but police chiefs, certain judges, and certain other govt officials can sign. Google it or join SilencerTalk and read the archives, there's a wealth of info there for people whose sheriff will not sign.
 
Am I correct to assume that to do this one must first be a resident of TX?
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In order to purchase a suppressor, you will need to become a resident of a state where suppressors are legal, such as Texas...
 
Before buying one, dont buy it simply because the dealer has one in stock.

Do your research and find a good and quiet one, built well with a good mount (for rifles), or a good booster (for center fire pistols), or comes apart for cleaning (22LR), they are not all created equal. Often times companies with large advertising budgets make some of the garbage designs. (Im looking at you Gemtech!).

Also, if for a pistol, be prepared for some disappointment if you get one in 45ACP.

-T
 
So I am in the process of forming my trust- how is the suppressor to be designated- as property WITHOUT a title document? Or is the ATF form 4 considered a title document? If it IS a titled item, how do I transfer the title to the trust before I even receive it?
 
What's the issue with 45ACP suppressors?
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45 is a difficult caliber to quiet down with a pistol size silencer. due to the bore being around 1/2 an inch wide.
That is a polite way of saying that they are obnoxiously loud.

Some people try to get around the problem by filling them up with water or wire pulling gel. While it works to some degree, it also makes a mess with back splatter. Plus it is not terribly convenient to "recharge" the wet solution into the silencer after every mag.

Stick to147 grain 9mm for center fire pistols, cans from SWR and AAC work well.
22LR is the quietest pistol caliber by far.

-T
 
Or is the ATF form 4 considered a title document?
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I am not a lawyer, but a Form 4 (Application for Tax Paid Transfer and Registration of a Firearm) seems pretty title-like to me.
 
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