An Introduction to Suppressor Regulations in Connecticut
Connecticut is relatively unique when it comes to the legality of suppressors for civilian use. From 1971 through the mid-1980s, Connecticut required individuals to have a permit issued from the local police department to own or possess a suppressor – if that suppressor was intended for use with a firearm. This law did not apply to suppressors intended for use on air guns. A 1987 Attorney General’s opinion stated that an individual possessing a properly registered silencer in accordance with federal law was exempt from the Connecticut requirement. As such, the requirement became essentially unenforceable.
Connecticut Governor Dannel Malloy signed S.B. 1160 into law on July 2, 2013 . This law re-affirmed the exemption enumerated in the 1987 Attorney General opinion and prohibits law enforcement agencies from arresting, detaining, or otherwise infringing the rights of anyone who is in legal possession of a properly registered suppressor or silencer as per federal law.
As of October 1, 2013, suppressors are legal to own or purchase in Connecticut as long as the suppressor is properly registered per federal law. That is, the suppressor must be registered with the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) on an ATF Form 4 with a $200 transfer excise tax paid at the time of registration. Under federal law, the transfer of a suppressor requires a fingerprint card of the intended transferee be submitted to ATF along with the associated paperwork and payment of the excise tax. The transfer with proper payment of the transfer tax typically takes 3 to 9 months for ATF approval before the transfer is approved.
A Guide to the Intersection of Federal and Connecticut Suppressor Laws
The National Firearms Act (NFA), first enacted in 1934, provides the federal framework for the regulation of suppressors and other Class 3 weapons. The NFA requires individuals to pay a $200 tax stamp and submit an Application to Make and Register a Firearm to the NFA Division of the Bureau of Alcohol, Tobacco, Firearms & Explosives (BATFE) prior to purchasing or manufacturing a Class 3 weapon.
When the tax stamp is approved, the individual obtains legal rights over the firearm. Commercial manufacturers can generally manufacture Class 3 weapons without pre-approval since they are required to submit quarterly to BATFE a list of every Class 3 weapon manufactured, its serial number, when it was acquired, and how it was manufactured. If a suppressor obtained from an out-of-state commercial manufacturer is introdcued into Connecticut, that suppressor must be registered with the Connecticut state police. There is no Connecticut form for this. Merely delivering a copy of the federal Form 4 used to purchase the suppressor to the Connecticut State Police is sufficient.
When a suppressor is purchased from an in-state commercial manufacturer, no separate paperwork is generally required to be submitted to the Connecticut state police. To possess the suppressor legally, the Connecticut resident must be eligible under both federal and state law.
Connecticut residents who wish to acquire suppressors must pass a federal background check prior to purchase. In addition to the federal form required to be filed with the BATFE, suppressors purchased from licensed federally chartered non-profit organizations are sold only at their meetings or educational events. This is in effect a transfer of ownership from the organization to the individual. The application from the individual for the suppressor must be accompanied by a letter from the non-profit sponsoring the event at which the suppressor is received that states the date of the event, the location, and that the suppressor is suitable for sale at that event. That letter should be kept accessible and available as required by federal law when transporting the suppressor and to prove to any BATFE agent inquiring about the suppressor’s origin that the suppressor was legally acquired at a non-profit entity’s meeting, convention, or educational event.
How to Legally Acquire a Suppressor in Connecticut
The Connecticut gun laws concerning suppressors are found in § 53-206b of the General Statutes, which is entitled, "Sale and manufacture of sound suppressors for firearms." Like most suppressor laws around the country, the relevant sections of this statute define a suppressor first, and then make the sale or manufacture of a suppressor a class C felony.
Section I – Understanding the definition of a suppressor
The definition of a suppressor of firearms is:
(6) "Sound suppressor" means any device, including a muzzle brake or a muzzle shroud, that reduces the noise emitted by a firearm by at least thirty decibels. A "muzzle brake" is an attachment for a firearm that alters and improves the firearm’s recoil characteristics and its accuracy. A "muzzle shroud" is an attachment for a firearm that significantly decreases the temperature of the firearm’s barrel. "Sound suppressor" shall not include any other attachment that is designed or intended to diminish the sound of a firearm or to otherwise muffle the sound emitted from a firearm.
Section II – Legal Use of a Suppressor
In short, before acquiring a suppressor in Connecticut, you need to know the statute authorizes the application for a permit to acquire a sound suppressor subject to sections (c) through (g) of this statute. Those sections authorize the use of a suppressor in a number of different situations. To get a permit, there are several forms that need to be filled out and submitted along with a request to use a suppressor. Once the relevant forms are submitted, if they have been duly recorded by the local chief executive officer at least thirty days prior to using the sound suppressor, the party wishing to acquire the suppressor may apply to the commissioner for the issuance of such Certificate.
Section III – Application for a Certificate to Acquire a Suppressor
Connecticut General Statutes § 53-206d controls the use of sound suppressors. The Certificate to Acquire a Suppressor is found on Form SUP2:Application for Certificate to Acquire a Suppressor. Connecticut General Statutes § 53-206e controls the use of sound suppressors. The Permit to Use a Suppressor is found on Form SUP1: Suppressor Certificate.
Section IV – The Application Process
Once one has filled out the relevant forms, the process for acquiring a suppressor in Connecticut is as follows:
(1) Copy of Trust Agreement to the chief executive officer in the municipality of the applicant. (2) Certificate from the chief executive officer that such officer has taken no action disapproving such application within thirty days from the receipt thereof. (3) Certificate of Identification and receipt of such fee as required by the commissioner. (4) Submit to the Department of Public Safety and Emergency Services the above-mentioned forms with an application fee of sixty dollars.
Before engaging in any activities concerning the acquisition or use of a sound suppressor, it is imperative to understand the law and have all necessary permissions and permits. Failure to do so could result in serious criminal penalties pursuant to Title 53 Sec. 206b-f as well as your suppression and seizure of your suppressor.
Where You Can and Can’t Use a Suppressor in Connecticut
While Connecticut suppressor laws tend to be restrictive overall, some exceptions to the rules do exist. For example, Connecticut law is generally permissive over where suppressors may be used. They are permitted for use at certain outdoor public or private shooting ranges, while preference is given to target shooting.
In addition, the following areas are also indicative of where suppressor use can be legally permitted in Connecticut:
Connecticut law does not generally prohibit target shooting with a suppressor , such as at a rifle range or a temporary range. Suppressor use is only banned on Connecticut state ranges if a range safety officer does not approve. The state of Connecticut has adopted the ASTRA Range Operations Safety Manual for courses of fire offered by the Department of Energy and Environmental Protection (DEEP). According to the manual, "sound suppressors are allowed for all range activities unless the range master determines otherwise."
Connecticut Laws on Suppressor Violations
As with most firearms-related rules and regulations, understanding the applicable legal penalties for violation of Connecticut suppressor laws can seem to be the most difficult part about learning the law in this area. Because Connecticut firearms laws are so convoluted, it can be difficult to make a clear analysis of any of their different provisions. However, a clear examination of the relevant law shows that the basic rule is that violations of the Connecticut suppressor laws generally lead to significant fines and potentially jail time.
Conn. Gen. Stat. § 53-206c, concerning the illegal sale of suppressors, prohibits any person, firm, or corporation from selling a suppressor to another person, firm, or corporation who does not provide proof of a special license issued by the federal government. Violators of this type of offense face the option of receiving either an infraction with a $100 fine or a class D felony which may result in up to five years imprisonment, a fine, or both jail time and fines. Class D felonies are one degree above unclassified misdemeanors and, as such, fines and imprisonment penalties are considered slightly harsher than those generally applied to misdemeanors.
Conn. Gen. Stat. § 53-206f, concerning the unlawful possession of suppressors, prohibits the possession of any firearm suppressor not registered in compliance with the federal National Firearms Act, 26 U.S.C. § 5861, et seq. Violators of this statute face a minimum class D felony conviction, with penalties of up to five years of imprisonment, a fine, or both a term of imprisonment and fines. Similar to Conn. Gen. Stat. § 53-206c, this statute is a class D felony. Significantly, however, the federal National Firearms Act includes provisions that may require violators of federal firearms laws relating to suppressors to pay a fine of up to $10,000 per infraction.
Conn. Gen. Stat. § 39-5, concerning the illegal assembly of any silencer or machine made or capable of being made to silence the voice of any firearm, punishes violators with a fine of between $25 and $100 per infraction. The penalty range associated with this provision is the lowest of all three of the criminal charges associated with violations of Connecticut suppressor laws. Silencer assembly is an unclassified misdemeanor, which means that it is a crime punishable only by the imposition of fines, but not by jail time.
In addition to criminal sanction resulting from violations of suppressor rules and regulations, violators of suppressor laws often will also be subject to the potentially prohibitive restrictions of Connecticut gun ownership laws and may have their right to own or possess a firearm revoked. An example of this potential limitation is Conn. Gen. Stat. § 29-38, which prohibits individuals who have certain convictions for class A or B felonies from possessing firearms. As such, even if a suppressor law violator were to receive only a class D felony or an infraction conviction, the person might still face an inability to own or obtain firearms because of the existence of the suppressor violation on their criminal history. In situations where gun ownership is important or essential to an individual’s livelihood or health, gun rights prohibitions resulting from suppressor law violations can be even more problematic than the suppressor law violations themselves.
Like all firearms-related crimes, the penalties for violating Connecticut suppressor law are significant. As such, individuals who wish to use suppressors should dedicate themselves to learning the relevant law, as well as the most effective ways of avoiding criminal liability for violations of the suppressor law.
Connecticut Suppressor Legislative Changes
Recent changes to law surrounding suppressors, such as the Hearing Protection Act and the SHARE Act, have brought attention to the laws in states that are not so friendly to suppressors such as Connecticut. As of September 2019, Connecticut does not have any bills in the House or the Senate that pertain to suppressors.
State Rep. Craig Fishbein (R) has sponsored two bills to change the current suppressor laws. The proposed legislation is as follows: House Bill No. 5224 Rep. Fishbein JUD 2/6/19 Support of ATF Laws Bill Summary: Proposes that the Commissioner of Emergency Services and Public Protection submit a proposal to the legislature regarding the establishment of a process to register certain silencers with the Department of Emergency Services and Public Protection. Rep. Fishbein claims that this bill is aimed at tracking the silencers, and hopes to provide the legislature with additional information about whether to legalize silencers. Issue: Tracking silencers would not only hinder using silencers , but it also goes against the Second Amendment. It is an unnecessary step that could be used against users of suppressors. Current Status: Referred to Joint Committee on Judiciary 02/07/2019. Previous Attempts: House Bill No. 7180 Rep. Fishbein JUD 4/15/15 Support of SHOT for Concealed Carry Bill Summary: This bill is almost identical to the one above. The only difference is that the bill passes the process to register silencers with State Police and Commissioner of Emergency Services and Public Protection. Current Status: Referred to Joint Committee on Judiciary 04/21/2015. Previous Attempts: Both bills ultimately failed and were unfavorable to the Joint Committee on Judiciary. There have been no other proposed bills regarding silencers since: N/A N/A N/A Support of SHOT for Concealed Carry At this point in time the current suppressor laws stand as is, with no foreseeable changes.