NATIONALLY RECOGNIZED FEDERAL LAWYERS
What is silencer possession charges
|Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek, with over 40 years of combined experience. We’ve represented clients in some of the most high-profile federal cases in the country, from Anna Delvey’s Netflix trial to the Ghislaine Maxwell juror misconduct case. If you’re facing silencer possession charges, you need to understand what you’re up against – and how federal prosecutors build these cases.
Silencer possession charges are federal firearms violations under the National Firearms Act. Getting caught with an unregistered suppressor means you’re facing up to 10 years in federal prison and fines up to $250,000. The ATF doesn’t mess around with these cases, federal prosecutors stack them with other charges, your entire gun collection gets seized. This is serious.
What Actually Counts as Illegal Silencer Possession
Here’s the thing about suppressors – they’re not illegal to own. They’re illegal to own without proper ATF registration and approval. That’s a huge difference, one that federal prosecutors exploit constantly.
You can legally own a silencer if you submit ATF Form 4, pay the $200 tax stamp (through 2025), pass the background check, and wait for approval. The government has required this since the National Firearms Act passed in 1934. Miss any of those steps, and you’ve committed a federal crime under 26 U.S.C. § 5861.
Most people we see charged with silencer possession fall into one of these situations. Someone inherited a suppressor from a relative – but NFA registration doesn’t transfer automatically, so now they possess an unregistered NFA item. Others buy a “solvent trap” or “fuel filter” online, marketed as cleaning tools but easily converted to functioning suppressors. ATF considers those unregistered silencers the moment you possess the device and means to attach it to a firearm. Some build homemade suppressors without filing ATF Form 1 first.
The law doesn’t require intent to commit a crime. Possession alone is enough. You thought it was legal because you bought it at a gun show? Doesn’t matter. You didn’t know your state allowed silencers but federal law required registration? Doesn’t matter. Federal prosecutors don’t care about your understanding of NFA regulations.
Federal Penalties Are Harsh and Getting Harsher
Under 26 U.S.C. § 5871, conviction for possessing an unregistered silencer carries up to 10 years in federal prison and fines up to $250,000 for individuals. The original statute listed a $10,000 fine, but amendments increased it to $250,000 – federal law always gets stricter, never more lenient.
Federal sentencing guidelines call for a minimum of 27 months in prison without possibility of parole for silencer possession. That’s over two years in federal prison even if you have no criminal history, even if the suppressor was sitting in your safe and you never used it.
The penalties explode if your silencer possession connects to other criminal activity. Possessing an unregistered suppressor during a drug trafficking offense? Maximum sentence jumps to 30 years in federal prison without parole. Federal prosecutors love stacking these charges – they charge you with the underlying offense, then add silencer possession, then add using a firearm in connection with a crime of violence or drug trafficking under 18 U.S.C. § 924(c). Sentences run consecutive, not concurrent.
How Federal Prosecutors Actually Build These Cases
ATF doesn’t randomly knock on doors looking for unregistered suppressors. These cases usually start three ways.
First – you get arrested for something else. Drug case, domestic violence call, probation violation, doesn’t matter. Police execute a search warrant, they find a suppressor in your house, they check the ATF registry, it’s not registered to you. Now your original case just became a federal firearms case. We see this constantly.
Second – online purchases and shipping records. ATF monitors companies selling “solvent traps” and suppressor parts. They track purchases, sometimes they show up at your door with a search warrant weeks or months after you bought something online. The Billings, Montana case from 2024 started exactly this way – law enforcement located an unregistered black suppressor during a search. He pleaded guilty to illegal silencer possession.
Third – someone rats you out. An ex-spouse calls ATF during a divorce. A shooting range employee reports seeing an unregistered suppressor. Federal agents follow up on these tips.
Once ATF opens an investigation, they move methodically. They verify the suppressor isn’t registered in the National Firearms Registration and Transfer Record. They document possession – photos, serial numbers, measurements, function testing. They interview you, and this is where most people destroy their own defense. You admit you knew it was a suppressor, you explain you thought it was legal because you bought it at a gun show. Everything you say becomes evidence against you.
Major Changes Happening in 2025 and Beyond
The suppressor landscape is shifting – but not in ways that help people already facing charges.
On July 4, 2025, President Trump signed legislation reducing the $200 NFA tax stamp to $0 for suppressors. The $0 tax stamp takes effect January 1, 2026. For all of 2025, the $200 tax still applies. This doesn’t eliminate the registration requirement – you still need ATF approval, you still submit Form 4 or Form 1, you still wait for approval before possessing a suppressor.
More significantly, the Department of Justice announced in March 2025 that it’s reconsidering its litigation positions on silencer regulations. Federal prosecutors requested a 30-day pause in a criminal case against a firearms dealer found with an unregistered silencer, stating “the Department of Justice is re-evaluating its litigation positions regarding silencers.” What this means for pending prosecutions remains unclear.
Federal courts are still enforcing NFA silencer requirements in 2025. The policy reconsideration doesn’t mean charges get dropped or prosecutions stop. Possession of an unregistered suppressor remains illegal under current law. Banking on future regulatory changes is not a defense strategy.
What You Should Do If You’re Facing These Charges
Don’t talk to ATF or federal agents without an attorney present. Nothing you say will convince them to drop the investigation – you’ll only provide evidence for your own prosecution. People think they can explain their way out of silencer charges. That’s not how federal investigations work.
Don’t consent to searches. If agents show up without a warrant, you’re not required to let them search your home or vehicles. Politely decline and contact an attorney immediately.
At Spodek Law Group, we’ve handled federal firearms cases across the country – including NFA violations, felon in possession charges, and cases involving firearms during drug offenses. Todd Spodek built this firm on taking cases other attorneys said were unwinnable. We understand how ATF builds these investigations, how federal prosecutors approach NFA cases, what arguments actually work versus what sounds good but accomplishes nothing.
Federal silencer charges require an attorney who knows the National Firearms Act, who understands the intersection between NFA violations and other federal offenses. Timing matters – the earlier we get involved, the more options you have. Once you’ve given a statement to ATF or accepted an unfavorable plea offer, we can’t undo that damage.
The government has unlimited resources to prosecute you. You need experienced federal defense attorneys who understand this area of law and won’t be intimidated by federal prosecutors. We’re available 24/7 because federal investigations don’t happen on a convenient schedule.