Suppressor question.

[dburke87]

I'm curious to know if it's legal to carry my 1911 with suppressor attached concealed in my car, or even on my person anywhere. Ignore any other factors such as the pistol and suppressor would be too big to carry/conceal or not reasonable or whatever. Simply is it legal or not?

[Mike1951]

If you have acquired the suppressor legally, it would not make something illegal that would otherwise be legal.

With a CHL, you could carry your suppressed 1911 concealed if you can find a way.

Likewise, car carry would not become illegal because of the suppressor.

However, be prepared to answer more questions in any situation where your suppressed handgun is noticed.

You should keep your suppressor paperwork with you anytime you are away from your home.

In a worst case situation, if you had to defend yourself, the suppressor would not present the image I would want to present.

[dburke87]

And I definitely don't run around with my suppressor attached to any of my pistols, at home, in the car, or elsewhere. Just curious to know if it was legal in the off-chance I do have it on my pistol. Yeah there may be a few more questions popping up if I defended myself with a pistol equipped with a suppressor, but (and I could only hope) with all the paperwork, having obtained it legally, my CHL, etc., the answers to those question would still point in the same direction. Also, not that it is even close to an important matter in a self-defense situation, but damn my ears would be thanking me if I really did have to defend myself in say my home.

[CHL/LEO]

FYI - Get a 5320.20 and keep it and your registration paperwork with you at all times. If a LEO or a Federal Agent comes into contact with you and finds your suppressor, I can pretty well assure you that they will not know the following regulations concerning transportation of NFA firearms and devices. Even with this paperwork you might have some issues to work out.

Transporting NFA firearms

In terms of moving the weapons around, the following applies. If you are transporting the weapons within your state, it is wise to keep a photocopy of the registration paperwork, whatever it is, (can be Form 1, 2, 3, 4, 5, or 10, as well as other more exotic forms of registration, except you probably would never have a gun on a Form 10, unless you were the police, in which case no one is likely to hassle you about a gun you might have anyway) with the gun. Federal law does not expressly require it, but it would be foolish not to have ready proof the gun is legal. Many states do require it, they ban all or some NFA weapons, and exempt from the ban those possessed in compliance with federal law. In such a state you need the federal paperwork to be legal under state law. If you were a SOT you should keep a copy of your proof of being an SOT with the paperwork when you move the guns around. But an individual who surrenders his SOT can still have weapons that will be registered on a Form 2 or Form 3 legally, so not having a copy of the SOT with such paperwork proves nothing. You need not ask ATF for permission when you move to a new address within the same state,
nor must you advise them of your new address.

To move weapons between states two rules apply. An individual must get permission from ATF to move machine guns, short rifles, short shotguns or destructive devices between states (or to temporarily export them) before doing so. This includes taking them somewhere to shoot them, or when moving. There is a form called a 5320.20, and ATF will always approve them, and fairly quickly, assuming the purpose (generally stated) for the movement is legitimate, and the target state allows the weapon in question. A type 01 FFL can move weapons (except DD's) interstate at will, no permission is needed. But while most states that otherwise prohibit some or all NFA weapons have exceptions for SOT's, or FFL's, a few do not, and thus the person must make sure he will not be breaking any laws. An unlicensed individual need not ask permission to move AOW's or suppressors interstate, again watch the laws at the target state. Having the approved 5320.20 form for a suppressor or AOW can avoid hassle while traveling. Lots of folks who think they know something about the NFA don't know you only need permission for interstate movement of some NFA weapons. ATF will approve a 5320.20 for suppressors and AOW's; they will approve a 5320.20 for an FFL also, even if he doesn't need it by law. ATF will also now approve a form 5320.20 for a period of one year, covering blanket travel to a specific location, if you travel there frequently. A C&R FFL holder can only move C&R NFA guns interstate without a 5320.20. See 18 USC sec. 922(a)(4) for the law imposing the 5320.20 requirement.