**Ohio Silencer Law: An Overview**
In Ohio, a silencer is subject to strict regulation under the federal and state legal framework. The federal National Firearms Act (NFA) requires that silencers be registered with the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE). Under Ohio law, a silencer is classified as a firearm suppressor and is subject to Ohio Revised Code 2923.17. The statute does not apply to suppressors used only for target shooting on private property or at a commercial shooting range. Accordingly, use outside a private or commercial shooting range is an offense of fifth-degree felony unlicensed possession of a suppressor.
Ohio law further classify a silencer as a firearm capable of being suppressed, which means the ability to "muffle or diminish the noise emitted by" the firearm. Ohio law also classifies a silencer as a firearm muffler, suppressor or silencer capable of muffling, suppressing or diminishing the noise emitted by a firearm . A firearm or firearm suppressor, muffler or silencer is attached to short-barrel shotgun, short-barreled rifle, straight·walled cartridge handgun, semiautomatic rifle, semiautomatic handgun, or machine gun, but is not legally registered under the National Firearm Act, commits the offense of trafficking in firearms in violation of Ohio Revised Code 2923.17.
A person who possesses, sells, keeps or delivers any remaining firearm accessory hearing protection is guilty of the offense of prohibited sale of firearm accessory hearing protection in violation of Ohio Revised Code 2923.17 and Ohio Revised Code 2903.21. A firearm accessory hearing protection means any mechanical device for muffling or suppressing the sound of firearms in operation. A firearm accessory hearing protection includes silencer, suppressor, sound moderator or squeeze-type muzzle break.
**Legal Process for Silencer Ownership in Ohio**
The process for owning a silencer in Ohio is very similar to the process for owning a firearm. Although Ohio has some alternative laws that allow for the possession and use of firearm suppressors, federal law takes precedence. State law allows Ohio citizens to possess firearm suppressors, also known as silencers, in non-restricted places, such as private property. An Ohio resident can possess suppressors without a federal permit or registration under the federal Gun Control Act, codified into law through Title II of the National Firearms Act. Ohio prohibits the use of firearm suppressors that are not registered pursuant to the National Firearms Act. Ohio has standardized the process for acquiring firearm suppressors throughout the state by recognizing all relevant federal laws regarding firearm suppressors. Therefore, Ohio residents should apply for the purchase and ownership of firearm suppressors through the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The ATF regulates tax stamps, registration, and other legal requirements for firearm suppressors under the National Firearms Act. Local law enforcement does not have any jurisdiction when it comes to issuing permits, renewals, and integral registration for firearm suppressors. Residents in Ohio who want to purchase firearm suppressors should first find a dealer of firearm suppressors. A national directory of firearm suppressor dealers is available at silencersarelegalinsc.com. The second step for purchasing firearm suppressors in Ohio is applying for the purchase of firearm suppressors through the ATF. The Application and Registration of a Firearm by a National Firearms Act (NFA) Responsible Person form is used to apply for a Class 3 tax stamp for firearm suppressors. Once you properly fill out the application, you must submit it to the Bureau of Alcohol, Tobacco, Firearms, and Explosives for approval. The ATF will get approval or disapproval for your submitted Application and Registration for a Class 3 firearm suppressor within about 30 days. If approved, the applicant must pay a $200 transfer tax that is required under the National Firearms Act. After the ATF gets approval for the application and payment for the tax stamp, the applicant must wait anywhere from two to six months to get the tax stamp in the mail. After the applicant receives the tax stamp, the applicant may purchase firearm suppressors, with the aforementioned restrictions, at his or her own convenience.
**Federal vs. State Silencer Laws in Ohio**
In the United States, a number of federal laws address the possession and sale of firearms and firearm accessories, including muzzle devices, which are used as silencers. Predominantly, The National Firearms Act (NFA), 26 U.S.C. Chapter 53, restricts the ownership and possession of machineguns and several kinds of suppressors, including muzzle brakes and muzzle cans, and requires special licensing and permits for any interstate transport, transfer, or within-states commerce of those devices. The NFA does not, however, apply to suppressors and silencers manufactured and used in a single state. For instance, if a suppressor is manufactured in Ohio and only used within Ohio, it is not subject to restrictions in other states, and is thus legal to own and use within Ohio. Likewise, Ohio law does not address the manufacture, sale, or use of suppressors, but leaves these issues to the relevant federal laws. Federal law, however, does not permit one state to regulate the legality of possession, sale, or use of suppressors in another state. For example, federal law prohibits a dealer from selling and shipping a muzzle can suppressor to a purchaser in Ohio who is not licensed to possess it, and prohibits the sale or shipment from Ohio to California. Ohio law directly mirrors federal law on this point.
**Silencer Uses and Restrictions in Ohio**
The law also allows for the use of silencers at shooting ranges or to earn a living, such as during the course of legitimate hunting activities without inducing a higher degree of noise than necessary in order to do so. Some restrictions, however, prevent hunters from using silencers on the engines of motor vehicles during the act of taking wildlife animals. Violation of any of these restrictions is considered a fifth degree felony , which can carry a sentence of up to sixteen months in prison. Furthermore, Ohio law prohibits hunting with a silencer on the land of others without the permission of the landowner. Anyone who violates this statute can face administrative sanctions pursuant to ORC Section 15319 (B).
**Legal Penalties for Ohio Silencer Law Violations**
Beyond the restrictions on who can possess a silencer, Ohio law imposes significant penalties for the improper sale or possession of a lawfully acquired silencer. First, any gainfully employed person who possesses a lawfully acquired silencer and then "sells, transfers, delivers, or provides a silencer to another person" violates the statute. Second degree felonies in Ohio are punishable by 2-8 years in prison and fines between $7,500 and $15,000.
Possessing an unlawfully acquired silencer without violating the prior restriction on gainfully employed persons is a first degree misdemeanor (up to 6 months in prison / fine of $1,000). Half of all first degree misdemeanor sentences in Ohio may be handled as a "misdemeanor by consent" allowing the defendant to pay the fine and not serve any jail time.
Persons who have been convicted of a felony are barred from owning firearms, silencers, and other weapons without a restoration of their firearm rights under Ohio law.
**Latest Changes and Legal Context**
Ohio’s gun laws have evolved over the last few decades. Silencers are a product of that evolution, and Ohio’s regulation of them reflects a nuanced approach that often supports liberty and freedom, at least on its face. However, the law in Ohio is still evolving in some aspects and so it is important to keep up with recent changes and legal developments.
On January 8, 2016, the Ohio General Assembly passed the Sportsmen’s Package, which amends various sections of the Ohio Revised Code by enacting new legislation on certain topics, including firearm legislation. HB 468 (2015).
Most notably, gun-owners did get an expansion of rights related to silencers in portions of the bill. The additions included specific provisions to remove silencer regulations for hunting, allowing more time for the issuance of weapon carry licenses, and increasing the penalty for unlawfully transferring a firearm when the recipient is legally barred from that person. Id.
The new legislation allows the use of a suppressor while hunting for all game, fur-bearing animals, or coyotes. Ohio Revised Code § 1521.10(A)(7).
Additionally, similar to national concealed permit reciprocity, Ohio now allows a concealed carry licensee from another state that has "substantially similar" concealed carry laws to carry in Ohio. Ohio Revised Code § 2923.126(A)(1)(a).
Lastly, it increased the degree of felony associated with supplying firearms to prohibited persons by increasing the penalty from a first-degree misdemeanor to a second-degree felony, putting it on the same level as the unlawful possession of a firearm in a motor vehicle. Ohio Revised Code § 2923.20(B)(2) .
Recent case law also clarifies Ohio’s silencer law. Although HB 468 modified the statutory language, it has not been interpreted by Ohio courts yet. However, the Ohio statute is virtually identical to the corresponding federal law, which was evaluated by the Supreme Court of the United States in United States v. Miller, 307 U.S. 174, 178 (1939) (holding that the NFA did not require the registration of a short-barreled shotgun as it did not have a reasonable relation to the preservation or efficiency of a well-regulated militia). In Miller, the NFA defined a "firearm" to include, inter alia, "any combination of parts from which a firearm can be assembled." Id. at 178. The Court limited the Second Amendment right to keep and bear such arms to weapons used by militaries, but it did not address whether a silencer is such a weapon. However, the definition of firearm that the Court interpreted is nearly identical to the Ohio Revised Code definition of firearm, and therefore, the same rationale should apply: whether the silencer is a weapon of use to the military. Ohio Revised Code § 3743.02(E)(2).
While Ohio’s silence laws are not much different than those under the NFA, they are steadily evolving. For example, the definition of a silencer in Ohio excludes "any device used exclusively for noise reduction at an indoor gun range." Ohio Revised Code § 3743.02(E)(4). Prior to 2002, this exemption did not exist, so indoor range owners had to comply with the same NFA silencer registration requirements.
Until the courts weigh in on Ohio’s updated silencer laws, Ohioans should abide by the law but be aware of the evolution of the law and keep an eye out for new developments.