Michigan Suppressor Laws: An Overview
Suppressors, often referred to as silencers, are devices attached to the muzzle of a firearm to reduce the noise generated when the weapon is discharged. Specifically, a suppressor works by slowing the expansion of gases that escape the weapon, thus cutting down on the sound level. Suppressors reduce the perceived noise level of firearms, but do not completely eliminate the sound of the weapon being discharged. In Michigan, the legal status of suppressors falls under federal law. Suppressors are regulated by the National Firearms Act (NFA) of 1934. As such, there are strict licensing and tax requirements associated with the use and possession of suppressors in the state of Michigan . Suppressors must be registered with the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) before they are legally possessed by any individual or institution. Registration requires payment of the requisite $200 tax to the BATFE. The BATFE conducts background check and fingerprint processing on all applicants to ensure that only qualified applicants have access to suppressors and other NFA restricted items. The possession of a non-registered suppressor in Michigan is illegal. As such, individuals or organizations can only possess suppressors that are in compliance with federal law. Fortunately, Michigan is one of the states that allows for the legal implementation of suppressors.
Suppressor Ownership Requirements: What You Must Know
The legal requirements to own a suppressor in Michigan are similar to many firearm laws, so, not surprisingly, there are several areas of the law that determine eligibility and process for acquisition of such devices. First, a person must be a citizen of the United States over the age of 18 years, and an otherwise lawful possessor of a firearm. (MCl 28.422) Michigan handgun possession law prohibits any person who is not a resident of the state of Michigan from possessing a pistol in Michigan. As such, non-residents of Michigan may not possess a suppressor in Michigan.
Federal law requires completion of Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) Form 4 Application, which includes fingerprint and photograph submission. BATFE Form 4 Application must be submitted by mail, as well as a fee for the suppressor; $200 for one suppressor or $500 for multiple suppressors. Additionally, a Certificate of Compliance required for married persons. Certificate of Compliance is available at the local BATFE office.
A true and complete investigation of Suppressor Cases in Michigan requires evidence of review of the Federal Application for Relief from the Firearms Disabilities Act.
Obtaining a Suppressor: Step-by-Step Process
Process for Acquiring a Suppressor in Michigan
It’s important to clarify that the process of acquiring a suppressor in Michigan is very similar to acquiring a Class III or an NFA weapon. Firstly, very few gun shops are able to sell suppressors. Even those that are able to do so may still be wary of actually doing it. Ultimately, it’s best to purchase a suppressor online. The only problem with that is that the online retailer must ship the suppressor to an FFL that is licenced to sell such items.
Once a person orders their suppressor online, the FFL dealer receives the suppressor. After that, the FFL dealer is required to start the NFA wait. It usually takes around 90 days for the NFA branch of the FBI to process the form 4 application for a suppressor. Once the FBI approves the application, the FFL dealer charges $15 when the suppressor is picked up and then the suppressor belongs to the client. This is also how to get a suppressor in Michigan if you already own NFA firearms.
It should also be noted that you cannot bring any form of NFA weapon with you; such as, a suppressor, shotgun, rifle, machine gun or short barreled rifle on an airplane. That being said, a suppressor on a handgun is not NFA. Additionally, there’s no short-barreled rifle loophole on suppressors on handguns.
Enforcement Agencies and Regulations
Like other federal states, Michigan adopts and follows the relevant regulations to the letter. Therefore, the regulations surrounding suppressors in Michigan are more or less a duplication of the federal laws. As such, the primary regulatory body paying attention to suppressors and other firearms is the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). It is worth noting that although Michigan has its own Department of Natural Resources, the DNR has little if anything to add to existing regulations surrounding firearms. The ATF is the agency responsible for all weapons – including suppressor devices – in the United States. It is the ATF that inspects all licensed gun manufacturers and enforces federal laws concerning the sale or shipment of firearms and illegal use of firearms throughout the country. To this end, the ATF runs a Federal Firearms Licensing system, which itself is used to track all dealers and private sellers of firearms. All firearms legally registered with the ATF and translated into an electronic database are similarly tracked and accessible to enforcement personnel, enabling swift action against violators. Aside from the ATF, the FBI will often act as a supporting law enforcement agency to the ATF during the investigation and prosecution of anyone charged with violating federal laws concerning the sale and shipment of firearms and suppressors. State laws are generally managed by the Michigan Department of Technology, Management, and Budget (DTMB), along with local law enforcement officers and agencies such as the Michigan State Police. Unlike firearms and other weapons whose sales are regulated by the ATF, suppressors do not have to be stamped or handled in any particular way. Instead, much of the responsibility for tracking suppressors and their sales is placed upon the gun sellers themselves.
Consequences of Illegal Use or Possession
The illegal use or possession of a suppressor or silencer in Michigan is a felony punishable by a fine of up to $100,00 and/or up to ten years in prison. In addition, a conviction for felony firearm (mandatory two years in prison) may be added after the felony conviction , but any required probation may be served concurrently (at the same time). Further, a felony conviction will have a devastating effect on any rights to possess and own firearms.
Updates and Proposed Legislative Changes
The Michigan legislature has been busy making changes to a number of provisions in the code. This includes some proposed changes to the law regarding suppressors.
Earlier in the year, the election results from 2018 were certified. As a result, a Democrat-controlled House and Senate were seated. Shortly after, the Democratic leadership’s agenda for the next two years was announced. Under that announced agenda were plans to create a Red Flag (gun confiscation) law in Michigan. While the Republicans controlled the legislature, there were a number of bills introduced to create a Red Flag law but none gained traction and made it to committee for a vote. Now that the Democrats are in control, we are seeing them push Red Flag legislation again. Last week, a House Democrat introduced HB 4336 to create a Red Flag system in Michigan. The bill is currently in the House Judiciary Committee and will be reviewed by them sometime soon. The bill will likely change before it reaches the floor of the House. Although it does not currently include language that directly targets suppressors, the bill gives a judge the power to ban anything he or she feels is dangerous: "the court shall issue an order that orders a person to immediately surrender any dangerous weapon in the person’s custody or control."
So, it is possible that suppressors could be included in a future version of the bill. The bill also contains language saying that if someone refuses to relinquish dangerous weapons, law enforcement can go to that person’s home to search for and seize the item without a warrant. This is not limited to firearms—and, conceivably, will include suppressors as well.
As often happens in times like these, Democrats in Michigan were quick to introduce bills restricting the carrying of firearms. Rep. LaGrand (D-75) introduced HB 4425 to ban the open carry of firearms within one hundred feet of a "weapon-free zone." These zones include schools, churches, courts of law and a variety of other places that could see open carriers arrested. Currently, the bill is with the House Committee on Government Operations.
If the bill passes as drafted, problems will arise when people will be turned into criminals from mere misunderstandings. This happened in the past when someone carrying a firearm with a good reason—going to the range or to a gun club—was arrested for carrying a firearm within 1,000 feet of a school. The person didn’t intend to commit a crime, but the fact that that person did not take the exact route to the range or gun club meant that they could have been arrested. Plus, with how politicized schools have become, even if it was a complete misunderstanding, the anti-gun certain people are going to see it as a crime against the teachers and children.
Rep. Hammoud (D-15) introduced a number of bills that would take away citizens’ rights under the Second Amendment. HB 4063 would prohibit military-style assault weapons, which typically means rifles that the anti-gun crowd do not like. Additionally, Rep. Hammoud would require people owning one of these military assault weapons to register it, destroying their own personal liberty.
Rep. Hammoud also introduced HB 4059. This bill included, as a requirement to receive a concealed pistol license (CPL), that the applicant give a full history of any mental health treatment or condition later than 1968, which was the date the federal government banned which type of applicants can receive a CPL. This is no boon to gun rights as it violates what is known as the "exclusionary rule," which prohibits the information gained as the result of a violation of the law from being used against a criminal defendant. It serves only to disqualify from a CPL those who have previously sought treatment for a mental condition but not those who have been treated involuntarily or have exhibited other behaviors that indicate mental illness. Just because someone is treated for a mental illness doesn’t mean he or she is a danger. This bill, if passed, would serve to stigmatize those who have been treated for a mental illness.
A number of other bills have been introduced. Rep. Banking (D-73) introduced HB 4252. This bill creates a 72-hour waiting period for the sale or transfer of a firearm. The bill also includes language that would require a background check for the purchase of ammunition and would have made it illegal to assemble a weapon from parts (which would turn many guns into illegal unregistered weapons).
Rep. Sabo (D-94) introduced HB 4126. This is another Red Flag bill that would allow for the confiscation of firearms. That bill is with the House Judiciary Committee.
While it has been a slow start, the new legislative session is heating up. We will continue to monitor things and give updates on what is happening in our Michigan legislature.
Public Sentiment and Advocacy Efforts
Interest groups advocating for the legalization and regulation of suppressors in Michigan are located within and outside of the State. The NRA Institute for Legislative Action has aggressively pursued the legality of suppressors, with successes ranging from regulating NFA items in general, inclusion in the Hearing Protection Act, and support by "grass roots organizations." Separate states hold separate regulations, and some are as loose as the Federal standard, and others require tax stamps and registration . All of these efforts directly contribute to the interesting juxtaposition of public opinion; which as noted above, advances in technology are clouding. While many people (including anti-gun activists) probably have not heard of a suppressor in their life, public opinion polling nationwide suggests that 67% of Americans supporting or strongly supporting legalizing suppressors, and 77% of these polled support making the purchase of a suppressor simple as purchasing a firearm and undergoing instant background checks. This is reflected by the NRA polling, which demonstrates widespread support for this legislation among its members.