Ohio Suppressor Laws: An Overview
You have surely heard about suppressors, sometimes called silencers. These devices are used on firearms to reduce noise and muzzle blast. Suppressors are devices that attach to the end of the barrel of the firearm which suppress the sound associated with firing a round. Suppressors do not reduce the sound generated from a gun completely but they do reduce this sound so that it is more like the sound of a door slamming than the sound of a gun shot.
In Ohio, suppressors are described in the Ohio Administrative Code Section 1501:31-5-04. This section describes the following with regard to suppressors.
"(B) Definitions.
.
(2) "Silencer" or "suppressor" means any device for silencing , muffling, or diminishing the report of a firearm.
(H) General prohibition. No person shall use, carry, possess, or have stored in an inventory any silencer or suppressor at a shooting range, shooting facility, or field trial area."
This definition leads to some frequently asked questions such as:
- Do I need a background check or other permission to buy a suppressor?
- Can I buy a suppressor online?
- Is my suppressor registered?
- Can I sell my suppressor?
- Are there any permits I have to get to keep or fire my suppressor?
- Can I bring my suppressor with me when I travel?
- Are all suppressors the same?
- Can I shoot at home with my suppressor?
Purchasing a Suppressor the Legal Way
The legal requirements for purchasing and owning a suppressor in Ohio include more than just the $200 federal excise tax to fund the National Firearm Trust Fund. You also have to contend with the $200 federal tax to pay for transfer/registration of the suppressor. You will also need to fill out the following forms for the purchase of a suppressor:
However, do not think that you can get around the $200 federal taxes by using a trust instead of an individual because trusts require an additional $200 to fund the trust.
As for state laws concerning suppressors, the Buckeye State does not have any additional forms or paperwork necessary for Ohio residents to purchase a suppressor. All Ohio requires is an NFA Data Collection Registration Form from the ATF. The form will not be a burden for residents since it is short and simple to complete. The only thing that may take some additional time to complete is the fingerprint cards which often take about a month to receive back from your local police department.
Now that you know the legal requirements for purchasing and owning a suppressor in Ohio, do you other questions about suppressors? If so, let us know in the comment area below the post.
How to Legally Own a Suppressor in Ohio
In order to legally acquire a suppressor, an Ohio resident must first comply with the same process that is required for acquiring any Class III weapon. The first step is notifying the Bureau of Alcohol, Tobacco, Firearms, and Explosives ("BATF") in writing of an intent to acquire a suppressor. In the notification, the individual must provide all relevant information regarding the transaction. The form used for this purpose is known as BATF form 4 and it is the same form that is required in order to acquire other National Firearms Act items, such as machine guns.
Next, the acquiring individual must undergo a background check that includes both a fingerprints and photographs. Also, the individual must also provide the identification information of the local chief law enforcement official ("CLEO") for the area in which he or she resides in on this same form. There is no requirement that he or she actually notify them, however, as many counties choose simply to ignore such notifications.
Along with the BATF form 4, the individual must also send a check for $200. This fee is required for all Class III weapons. However, point out that there is no waiting period for the federal background check, which will usually be returned within 24 hours.
After the individual has obtained all of these forms, his or her CLEO must then approve the form 4. If the CLEO denies access to the suppressor, an administrative appeal may be possible. But, as noted above, since many counties do not even acknowledge receipt of the form, such appeals will likely prove to be futile. At this point, the acquiring individual must follow the procedures applicable to the suppressor.
Ohio Suppressor Usage Locations
With the expansion of suppressor ownership, hunters and recreational shooters alike have an increasing desire to know where they can legally use their suppressors. As a general rule, suppressors may be used wherever firearms may be lawfully possessed in Ohio.
Hunting
In Ohio, a suppressor may be used while hunting. First, to use a firearm to hunt in Ohio, the gun must be either a shotgun, pistol or revolver, rifle, straight wall firearm or muzzleloader. As to ammunition, the projectile must be a bullet or ball and for some species, a cartridge not to exceed 3-inch length. Accordingly, a suppressor may be used while hunting any animals for which a hunter may use a shotgun, rifle, pistol, revolver, straight wall firearm, or muzzleloader to hunt. State parks and nature preserves are exempt from this rule.
Note that suppressors are not recommended for use with lead ammunition, as it may increase the lead exposure for the shooter and those nearby. Lead exposure can become a significant health issue with regular use, particularly for the youth.
Shooting Ranges
The range of locations in Ohio where firearms may be fired is very limited. The ranges may be designated by the following:
For shooting ranges, if you possess a concealed handgun license (CHL) under Ohio Revised Code 2923.12, you may use your pistol or revolver on a shooting range. Under the law, a "shooting range" is defined as any real property designated exclusively for the discharge of firearms and controlled by either a corporation, limited liability company, or person and must meet the following conditions:
- The shooting range is owned or leased by the corporation, limited liability company, or person;
- The range is permitted under Chapter 519, 505, or 713 of Ohio Revised Code;
- The range has been in use on the property for five or more years prior to January 1, 2016 or, if a new shooting range, the range must be at least 2,000 feet from any occupied structure upon a lot, parcel, or piece of land not owned by the owner of the shooting range.
Note that some cities and townships have specific laws for use of firearms in public areas.
Possession Penalties for Suppressors
The penalties for illegal possession of a suppressor in Ohio can be severe. It is a fourth-degree felony, which carries a prison sentence of six months . In lieu of six months in jail, you may be sentenced to community service and a fine of up to $250,000. It is very important to note that even if federal law permits non-Ohio residents to possess suppressors, Ohio law prohibits this practice.
Recent Amendments to Ohio Suppressor Laws
In recent years, various bills have been proposed to ease restrictions on suppressors in Ohio. In the 2015-2016 session, HB 233 sought to remove the $200 federal tax and 15-9 month waiting period for Class III suppressors. While this bill didn’t make it out of committee, the very introduction of these bills—along with the increasing presence of suppressors at Ohio trap and skeet ranges—speaks to an increasing cultural acceptance of suppressors in Ohio.
Support for easing suppressor laws is also coming from legislators of both parties. In fact, Ohio Democrats introduced the Hearing Protection Act in March 2016. It proposes treating suppressors as any other firearm accessory by removing the onerous federal tax and registration requirements.
We don’t know if the Hearing Protection Act will pass, or if the next session of the Ohio General Assembly will see another pro-suppressor bill. What we do know is that suppressors are becoming a regular feature on Ohio’s target shooting ranges, and that—we can’t stress this enough—even if a suppressor is illegal in your state (like Hawaii, California, Massachusetts, and New York) it is still illegal to possess a suppressor if you are an Ohio resident.
Comparing Ohio Suppressor Laws to Other States
Absent the special considerations outlined in this article (that is, if a suppressor is classified as a firearm accessory, it is not subject to the provisions of Section 2923.15), Ohio’s suppressor law is decidedly average when compared to the suppressor laws of other states.
For example, suppressors are banned altogether in the following states:
As you can see, Ohio’s suppressor law is not as prohibitive as those of California, Delaware, Illinois, New Jersey and New York, which are among the more restrictive states in the nation regarding all firearm ownership and use.
Ohio’s suppressor law is also less prohibitive than that of Massachusetts, Texas and Washington. Although not technically outlawed in those states , suppressor manufacture, sale and use are subject to NFA registration, making those firearms much more difficult to own.
Suppressor laws in most other states hover somewhere between total prohibition and NFA registration. Permit applications are easy to file, and suppressors may be purchased at local firearm retailers in those states. Both purchases and sales are subject to minimal regulation in those states.
In addition to the suppression laws outlined in this article, Ohio has enacted House Bill 94, which allows for the transportation of firearms suppressors, legally owned within Ohio, either subject to the provisions of Section 2923.15 of the Revised Code or under current federal law.