Suppressor Laws in the State of Washington Explained

Is It Legal to Own a Suppressor in Washington?

Yes, suppressors are legal to own in the State of Washington. In 2016, Washington State Senators and representatives passed 2SHB 2338 which was signed by the Governor on March 28, 2016 which says, "A person is entitled to possess, transport, and use a suppressor when such person is in compliance with any applicable federal laws and regulations." The bill originally only changed the words "illegal silencer" to "suppressor" in order to agree with the current federal law changes. Another way to look at this is the law made "illegally possessing a silencer" legal for the purpose of hunting purposes only. SB 5112 went into effect on June 9, 2016. Since suppressors are federally regulated items, folks must go through the process to legally purchase and own a suppressor. That is not difficult to do. However , if you buy a suppressor with hopes to use it on your pistol or rifle, you should have already completed an ATF Form 4 application and paid a tax stamp. To acquire a suppressor legally you will first need to locate a dealer that is licensed for the National Fire Arms Act (NFA) items, such as suppressors, machine guns or short-barreled rifles. Washington has a few retailers that sell these suppressors. You will be filling out an ATF Form 4 application which requires fingerprint cards and a Federal Bureau of Investigation (FBI) background check.
For the most part, in Washington, all NFA items are illegal. While this law affects pistols, rifles, shotguns and other firearms, it has not yet affected suppressors at all. You can have a suppressor on your firearm.

Legally Buying a Suppressor in Washington State

In addition to having a valid Washington State firearms purchase card (which is issued by the Department of Licensing after completing an "enhanced check" through the FBI NICS provider), and having fulfilled all remaining requirements under RCW 9.41.090, you’ll need to find a dealer who sells and registers suppressors. Once you’ve selected your suppressor of choice from a dealer who carries Class III NFA firearms (i.e. SOT-holder), you’ll be required to fill out – at minimum – a BATF Form 4. This is a tax paid stamp application and is the most common form used for the transfer of a suppressor from an individual to an individual, or from a dealer to an individual. Once the dealer has recorded the sale in their A&D books, they will provide you with a copy of the form. You will sign your approval copy upon delivery of the suppressor to your home or other place of primary business, but you will not ever have to provide your approval copy to any third party other than BATF. Indeed, providing such a copy to a third party is a violation of Federal law and could land you in prison for up to ten years. The reason for this prohibition is that your firearms’ serial numbers are engraved right onto the face of this approval copy and that makes it easy for third parties (police; burglars; etc.) to ascertain what firearms you own and, if they are legal in your area, where they are primarily located. In theory, only you and the government should know what you own. Additionally, your approval copy will contain information about the specific suppressor in question. You can certainly provide a copy without the suppressor serial number to any parties that require a record of your acquisition of a suppressor, so long as they’re authorized to do so. You do not need a new stamp for NC or any other state as long as the suppressor never leaves Washington except for inspections by BATF agents (or officers of the law when applying for a license).
Non-FFL/SOT holders are also allowed to fabricate suppressors for their own personal use. They cannot sell or trade suppressors they manufacture without registering them and paying the appropriate BATF stamp taxes. Fabricated suppressors must have serial numbers and should have the last name of the manufacturer and the year of manufacture stamped on that suppressor or marked in a manner "plainly visible or distinguishable from the outside." If you make your own suppressors, you will still need to contact the BATF for the proper transfer forms and will still be required to pay taxes on incoming suppressors.

The Variances Between Federal and Washington Suppressor Regulations

While they work to keep their laws in conformity with federal law, Washington also has its own entirely separate requirements, restrictions, and penalties that apply to suppressors. Federal laws governing suppressors are codified at 26 U.S.C. § 5801 et seq., which is part of the National Firearms Act (NFA). Washington State law regarding suppressors is codified at RCW 9.41.225. In addition to the differing requirements for obtaining a suppressor, Washington’s law imposes different and often overlapping penalties for violations of state law.
Here are some of the most important differences between Washington State and federal law:
No state permit is required for a suppressor
Only a federal permit is required for a suppressor
State registration is not required
Federal registration required
Banned in urban growth areas. Urban growth areas defined in RCW 36.70A.070.
Allowed anywhere in WA except for cities or towns with a population of over 10,000 people (RCW 9.41.230)
Authorized collectors only
License needed for collectors
If collectors license not obtained, must possess suppressors in compliance with federal law
Must obtain a Class 2 "collector" license from Bureau of Alcohol, Tobacco, Firearms & Explosives
Authorized collectors only
License needed for collectors
If collectors license not obtained, must possess suppressors in compliance with federal law

Filling out the Paperwork for a Suppressor

The process for registering a suppressor in Washington is similar to that of a silencer, with a few differences. As with silencer possession, a Class 3 tax stamp is required for each firearm dealer if you only purchase from such a dealer. If you purchase from an out of state dealer, there is a $200 Federal transfer tax. To obtain the tax stamp, you must fill out ATF Form 4, which must be notary certified and include a photo, a thumbprint, and follow the same background check procedures as a silencer.
Washington however only requires a Concealed Pistol License (CPL), unless you are intending to transport a suppressor, in which case an out-of-state NFA permit is also required . If you already have an NFA permit, you do not need to apply for a duplicate NCIS print. You do need to have your fingerprint and photo reproduced however, through Columbia Basin Fingerprint and Background Checks located in Kennewick. The overall pricing should not be much more than a silencer and will require about a one month wait, depending on the firearms office.
Washington does not permit any suppressors to be legally sold, used, or transported for use on any firearm not allowed. This means that suppressors only have use on firearms that allow it by law. You will need to follow the same procedures as any silencer.

Legal Implications for Using Suppressors Without Proper Paperwork

Washington State takes violations of suppressor laws seriously and penalties for illegal possession and/or use of suppressors can be severe. An example of a criminal charge associated with illegal suppressor use is RCW 9.41.250, which addresses the use, taking on trails, or hunting with a silencer or suppressor without a premium tax payment as a class C felony and subject to a maximum sentence of five years in jail and a $10,000 fine. In addition to criminal penalties, violating suppressor laws may lead to civil consequences as well. For example, a suppressor seized during the commission of a crime might be forfeited by the court. Also, as noted above, there are special federal tax requirements, penalties and fees for transferrable (title II) suppressors above and beyond the normal federal tax stamp required to import suppressors into Washington State. Federal law addresses violations of the law prohibiting unlawful transfer and use of firearms and the law prohibiting firearm trafficking (18 U.S.C. sec. 924); unlawful possession and importation; provisions regulating explosive materials (18 U.S.C. secs. 841, 844); definitions and penalties for export violations (18 U.S.C. sec. 1956); and regulations affecting all explosive and incendiary devices (26 U.S.C. secs 5810, 5841, 5845).

A Brief History and the Future of Suppressor Law in Washington

The future of suppressor legislation in Washington, at this point, remains unclear. In the last few years, several bills pushed by the state legislature have failed to make it to vote in the relevant committee. Ultimately, suppressors did not gain traction as house bill 1852 was amended to simply be a resolution for the sole purpose of studying the need for further legislation. In the 2016 legislative session, Senator Randi Becker introduced Senate Bill 6512, which would have made it a gross misdemeanor to possess or transport a “silencer” outside of one’s residence or business. The bill defined a “silencer” as meaning a device for silencing, muffling, or diminishing the report of a portable firearm, shotgun, or rifle. The bill was never acted upon; however , her subsequent legislation continued to push an anti-suppressor agenda.
Senator Jim Honeyford pushed the issue in the Senate again. He introduced Senate Bill 5185, that would have made it a class C felony to possess a silencer, defined as above. The bill had very specific language making it a crime for possession, not just transport and all above, that would have included legally-possessed suppressors possessed prior to the law going into effect.
Another attempt surfaced in 2017 when Representative Muri introduced HB 1415, a bill that would have made it a violation in the State of Washington to possess a suppressor. The Washington House Judiciary Committee heard the bill but it did not get moved out of committee.