Intro to Arkansas Suppressor Laws
The use of firearms continues to increase across the United States, especially here in the natural state. So it should come as no surprise that firearm and hunting enthusiasts are looking for ways to adapt and protect themselves when they visit the great outdoors. One of the most effective methods of controlling noise and recoil when firing a firearm is with the use of a suppressor.
For many, suppressors—also known as silencers—are a common tool of gunsmiths, law enforcement, military personnel and sport shooters . Properly maintained, suppressors can also be extremely effective at reducing the noise levels emitted when shooting, providing a safer and more enjoyable shooting experience. Despite the advantages offered by suppressors, many do not understand how they work or the laws that govern their purchase and use.
In this introductory section on Arkansas suppressor laws, you will learn more about what suppressors are, how they work, what benefits they offer and, most importantly, how they are regulated and what duties or requirements gun enthusiasts and sport shooters have when using them.
Arkansas Suppressor Requirements
Purchasing a suppressor for a firearm is subject to several legal requirements at the federal, state and even sometimes local levels. In order to understand all of the requirements with which you must comply, it is important to first understand the difference in laws and rules at these three levels. State laws for suppressors apply after federal laws are complied with. This means that an approved Form 4 received from the federal government is required before state laws have any relevance. At the state level, Arkansas law requires that the suppressor be registered with the highway department of Arkansas. The process is as straightforward as it sounds. Basically, once the federal government has approved the Form 4 and the $200 tax has been paid, and a stamp received, all that needs to be done is send a copy of the stamp received to the highway department of Arkansas, accompanied by a registration form. Once this is complete, the suppressor is registered, at least for state level purposes.
For purchases through a dealer (as opposed to an individual), all of the above takes place under what is known as a Form 3. But once the Form 3 has been approved and the suppressor purchased from a licensed dealer, the new owner would then need to file the Form 4 registration. If the Form 3 had not been used, the Form 4 registration would not be able to take place, since the suppressor could not be purchased from a dealer without a Form 3 approval. So, the key point here is that the suppressor must be purchased from a dealer before it can then be registered with a Form 4.
To be clear, if you are buying a suppressor in Arkansas from a private individual you will need to use a Form 1 to register the suppressor, and the process is slightly different from what has just been described. When buying from a dealer under the process described above, the Form 3 is used for the purchase transaction and then the Form 4 is used for registration. But if buying from a private individual, the suppressor still must be transferred to a dealer on a Form 4 before the purchase can even be made. This may seem unnecessary, and might actually be subject to change, but this is almost always the case when buying a suppressor from a private individual. The reason for this is that at the federal level, the law simply does not allow the transfer of a suppressor directly from one individual to another. Local laws may also require you to use the Federal Form for buying a suppressor from a private individual, even if such requirement is not clearly stated in the law itself.
If all of this sounds unnecessarily confusing, or overly like the government getting involved in something it is not supposed to, you are certainly not alone. But while some of this may sound like it shouldn’t be legal, it actually is. So if you want to own a suppressor, the above describes your obligations to make the purchase. And just as importantly, these obligations must be adhered to in order to avoid getting into trouble with either the state of Arkansas or the federal government.
Do You Need A Registration/Tax Stamp For Your Suppressor in Arkansas?
Unless you are a government, law enforcement agency or other government approved entity in Arkansas, all suppressors must be registered with the federal government. Respective of suppressors, the federal government treats them much the same as it does grenades, automatic weapons or sawed off shotguns. The application process can take anywhere from 4-8 months, depending on the backlog at the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) and your geographical location. Because you can’t simply run down to the local gun-shop and buy a suppressor off the shelf, the first order of business is to make that purchase. This actually helps the process, because some states, like California, prohibit suppressor ownership, and thus the purchase of a suppressor cannot be completed legally. In Arkansas, no such prohibition exists, but there is the requirement that the suppressor be registered, which will be touched on shortly. Therefore, if you are going to buy a suppressor online, be sure to check whether or not your state prohibits its ownership. Once you are sure that you can purchase the item, you have a few options at your disposal to make that purchase. Many large scale gun dealers, like Cabelas or Bass Pro Shops, carry suppressors, or can order one for you through their website. However, many suppliers, like Silencer Shop, allow you to purchase the suppressor from a local gun dealer, but then they (Silencer Shop) handle all of the paperwork. The process works as follows: Silencer Shop sells you your suppressor of choice online, many of which have been marked down for sale, at a discounted price, depending on the item. Once the order has been submitted, you will receive an email containing your order number, and a reminder to bring two separate forms of ID to your local gun dealer. You will then receive an email from Silencer Shop on behalf of your local gun dealer, requesting confirmation of your order, and advising that the suppressor is awaiting pickup. Upon arrival at your local dealer, you will sign for the transfer, and the dealer will kindly ask you several questions about where and how often you shoot (in case you want a recommendation for ammo, etc). Then you move onto made out the paperwork. The paperwork will consist of both state and federal forms. The state form is a bit easier to complete. Simply fill out the area that asks for your name, address and phone number. It will then ask for the dealer’s information as the purchaser of the suppressor for you. You will then need to complete the concealed carry license information area. There might be a "non-resident" option. The state will also take a small finger print, along with a $5.00 application fee. The federal paperwork is a bit more complicated. First off, the BATFE requires the collection of fingerprints for every suppressor acquired. To do this, the BATFE requires a fingerprint card. These cards can be ordered directly from the BATFE online, or you can complete the fingerprint process through your local Wesley Snipes impersonator. My local agent would not accept my finger prints, because they would not come out clearly when ink was put to paper. So instead, I tried the traditional lotion and cotton ball method. This was much easier, and less likely to rub off and smear once I had completed the paperwork. These fingerprint cards must be turned in with the federal paperwork in order to purchase a suppressor in Arkansas. Otherwise, the local FBI will give you a quick phone call informing you that they know you have a suppressor, and can you please return it back to the dealer from whence you purchased it from. In addition, your suppressor will probably be seized by your friendly local law enforcement. At this point, you will either have to officially unregister the suppressor with the BATFE, so the state can "lost" the paperwork, or you may have to start the entire process over again (and yes, pay the tax stamp all over again) just so you can get what is legally your property back. They next step in the process is to complete the BATFS form. First, you will need to check the box on the top right corner, asking whether or not you are in the "NFA" system. Then you will need to decide whether you want to purchase the suppressor as an individual or a trust. If you do not have a Trust, be sure to consult with a qualified attorney in Arkansas that specializes in NFA matters. If you do not want a Trust, simply check the box to purchase as an individual and move on. There will be a box asking for the responsible person’s name; as the only responsible person in the state of Arkansas is the individual making the suppressor purchase, Arkansas has skipped this box entirely. That sounds good to me. At this point things start to become a bit tricky. You will need to obtain fingerprints as stated above. Then you will need to send in TWO signed tax stamps, all for $200.00 each, a single fingerprint card, appropriate identification, including a recent 2 x 2 inch color photograph, and of course, a filled out form 4. That’s right – you will need TWO separate tax stamps for the same suppressor. One for the initial purchase, and a second to transfer into the buyer’s possession. Once your document(s) have been submitted to your local dealer, they are sent to the appropriate BATFE for a "cleared for processing" status. This means that the BATFE has not turned down your application, but they cannot yet process it because they have too many to go through at any given time. Once they clear your paperwork, it moves on towards final approval. The entire process can be lengthy, and we recommend holding on to all of your transaction records and tax stamps, just in case something comes undone at the seams. Once the suppressor arrives, you will sign the tax receipts again, the dealer will submit the additional paperwork to the BATFE to finalize the transfer, and voila! You will obtain your newly minted suppressor.
Arkansas Hunting and the Use of a Suppressor
The use of suppressors in Arkansas for hunting is also regulated by the Arkansas Commission of Public Health, under Subchapter 16.10. Using an authorized low noise device during any suppressed hunting period is legal and permitted by state law. A "low noise device" is defined as any device that is intended to muffle the noise of a gunshot. Further, Arkansas law allows for game hunters to use any kind of muffling device that diminishes the sound of a gunshot, and the state also permits for those devices to be attached to rifles or handguns.
(2)(A) Game mammal hunting seasons are listed in the Arkansas Code Title 15, Subtitle 4, Chapter 1 of 1999 Volume 8-4-301 et seq., and the Arkansas Administrative Procedures Act § 25-15-201 et seq., in which for all such hunting seasons and when hunting big game with a muzzleloader, it shall be unlawful within the state to sell, give away, purchase, possess, or use a device that muffles the sound of a gunshot, including, but not limited to:
(B) This subsection shall apply only to those certified by the Arkansas Game and Fish Commission as legal muzzleloader hunters, as defined by § 15-41-501 et seq., that are participating in the muzzleloader deer season or other muzzleloader season established by the Arkansas Game and Fish Commission.
(C) This section shall not apply to persons hunting deer, bear, or elk by archery.
(D) Nothing in this subsection shall prohibit the use, possession, manufacture, or sale of a suppressor manufactured, purchased, transferred, or used in accordance with the federal National Firearms Act (26 U.S.C. § 5801 et seq.), the Arkansas Post-Conviction DNA Testing Act of 2001 § 16-112-201 et seq. (Acts 2001, No. 24, § 1), Act 1254 of 1995, § 2 (codified as § 5-76-105), and the Trade Regulation Act § 4-75-2201 et seq., and regulations adopted pursuant to those acts.
Penalties in Arkansas for Illegal Suppressor Use
Violations of the law and other offenses in Arkansas involving suppressors include a Class D felony if the suppressor: A Class D felony can include a prison sentence up to six years and fines of up to $10 , 000. Even though the proposed law has not yet been passed, if you are convicted of using a suppressor to commit a crime and it appears you were aware you were committing a crime, your court sentence may reflect that.
Recent Suppressor Changes in Arkansas
In 2015, the Arkansas House of Representatives and Senate passed into law Act 1006, which – while in essence was largely an expansion of existing law – also made some notable changes when the Governor signed it into law on March 26, 2015, codifying the familiar colloquialisms "gun trust" or "NFA trust." I say "made some notable changes" but I really should say "added notable clarifications" as these changes were largely beneficial for gun owners. The bill also, however, made suppressors much more susceptible to any change in federal law addressing suppressors in the future. Although there has been a push to legalize suppressors and their ownership by civilians, not only in Arkansas, but throughout the country, I use this language in the latter part of the sentence in reference to any potential future ban in the hopes that it is not used to justify such a move.
In relevant part, Section 1 of Act 1006 added to existing law the "Private Property Exception": 1) A person may use a firearm that uses a suppressor on private property if the following requirements are met: a) The suppressor is being used in accordance with the Firearm Owners’ Protection Act of 1986, 18 U.S.C. § 921 et seq.; b) The suppressor is not causing a public nuisance; and c) The landowner has given permission to the user of the firearm to use the suppressor: 2) Private property landowners are not required to get or maintain a permit to use a suppressor on their property; 3) The provisions of subsection (a) apply to a suppressor and firearm that is operated on private property before, on, or after [the date of enactment]. Accordingly, you can operate a suppressor on your land without having to obtain any special permit or get your suppressor registered through the state’s background check system.
Wrap Up: Stay Informed About Suppressor Requirements
Given the complexities and local variations in suppressor laws, it’s imperative to stay up-to-date with the latest information. Whether you’re a Boone County firearms enthusiast or a Little Rock beginner, becoming an expert on Arkansas suppressors requires diligence . Always consult legal experts or authoritative resources to ensure you are familiar with your rights and responsibilities under state law. This will not only help you navigate the legal landscape, but it will also prepare you for any changes in suppressor laws that may occur in the future.