States Where Suppressors Are Illegal
Suppressors are illegal for private owners in 8 states: California, Delaware, Hawaii, Illinois, Massachusetts, New Jersey, New York and Rhode Island. Each of them bans civilian possession under state law, so an approved ATF Form 4 doesn't make a suppressor legal there.
Capitol Armory doesn't sell suppressors to private buyers in these states. The one exception is New York law enforcement officers, which is covered below. We sell suppressors in the other 42 states, and our suppressor laws by state page covers each of them. The sections below explain what each state's law says, the penalties, and what that means for hunting.
Suppressor Laws in the 8 States
California
Are suppressors legal in California? No. California law makes it a felony for any person within the state to possess a silencer (Penal Code 33410). The penalty is 16 months, two years or three years in county jail, a fine of up to $10,000, or both. The exemptions cover law enforcement agencies listed in Penal Code 830.1, their full-time peace officers on duty, the military and federally registered dealers and manufacturers that supply them (Penal Code 33415).
Delaware
Are suppressors legal in Delaware? No. Delaware lists a firearm silencer as a destructive weapon, and making, selling, transferring, buying, receiving or possessing one is a class E felony (11 Del. C. § 1444), with up to 5 years in prison. The law doesn't apply to the military, police officers authorized to carry one, or authorized and certified state and federal wildlife biologists possessing silencers for wildlife disease or population control.
Hawaii
Are suppressors legal in Hawaii? No. Hawaii bans making, possessing, selling, transferring or acquiring mufflers, silencers or devices for deadening or muffling the sound of a fired gun (HRS § 134-8). A violation is a class C felony with a five-year prison term and no probation. The exemptions cover police, the military and government employees on armed duty (HRS § 134-11).
Illinois
Are suppressors legal in Illinois? No. Illinois bans possessing any device or attachment designed, used or intended for silencing the report of a firearm (720 ILCS 5/24-1(a)(6)). It's a Class 3 felony, punishable by 2 to 5 years in prison, and more in places like schools and parks. The law's only exemptions are for federally licensed manufacturers acting within their business and for peace officers on tactical teams using devices their government unit owns (720 ILCS 5/24-2).
Massachusetts
Are suppressors legal in Massachusetts? No. Massachusetts bans selling, giving, using or possessing any device meant to silence or muffle the noise of a firearm, including parts intended for building one (M.G.L. c. 269, § 10A). The penalty is up to 5 years in state prison or up to two and a half years in a jail or house of correction. The exemptions cover federally licensed manufacturers, the municipal police training committee and law enforcement officers on duty with their chief's or the state police colonel's authorization.
New Jersey
Are suppressors legal in New Jersey? No. Knowingly possessing a firearm silencer is a crime of the fourth degree in New Jersey (N.J.S.A. 2C:39-3), with up to 18 months in prison. The exemptions cover the U.S. Armed Forces, the National Guard and law enforcement officers on duty when they're authorized, and a person named on a special deer management permit, only while doing that deer control work. That exception doesn't let anyone buy or own a silencer otherwise.
New York
Are suppressors legal in New York? No. Possessing a firearm silencer is criminal possession of a weapon in the third degree in New York (Penal Law § 265.02), a class D felony with up to 7 years in prison. The exemptions cover groups like police and peace officers, the military, defense contractors and silencer manufacturers (Penal Law § 265.20).
Rhode Island
Are suppressors legal in Rhode Island? No. Rhode Island makes it unlawful to make, sell, buy or possess any muffler, silencer or device for deadening or muffling the sound of a firearm (R.I. Gen. Laws § 11-47-20). The penalty is at least one year and one day in prison. The law's only exemption is for police tactical teams on duty under the direct supervision of the police chief, the state police colonel or their designee.
Suppressors for New York Law Enforcement Officers
New York's silencer ban doesn't apply to police officers or peace officers as the state's Criminal Procedure Law defines them. A New York law enforcement officer can own a suppressor, and we sell suppressors to New York officers.
We don't ship these suppressors to your door. We transfer them to a local New York dealer, where you complete the transfer. Call us at (512) 879-1068 with questions about an order.
Hunting in These States
Private hunters can't own suppressors in any of these 8 states, so they can't use one while hunting there. The bans also apply to visitors, so a hunter from a state where suppressors are legal can't bring one in to hunt.
If You Live in One of These States
You can't buy a suppressor in your home state, and a dealer in another state can't sell you one either. Federal law doesn't let a dealer sell a handgun or other firearm that isn't a rifle or shotgun to someone who lives in another state, and a suppressor counts as a firearm (18 U.S.C. 922(b)(3) and 921(a)(3)(C)). New York law enforcement officers are the one exception, as the section above explains.
If you move to one of the 42 states where suppressors are legal, we can sell you one and ship it to your new address after ATF approves your Form 4. Our guide on how to buy a suppressor walks through each step.
Questions About States Where Suppressors Are Illegal
What states are suppressors illegal in?
Suppressors are illegal for private owners in California, Delaware, Hawaii, Illinois, Massachusetts, New Jersey, New York and Rhode Island. The other 42 states allow them, although some tie ownership to NFA registration.
Can you hunt with a suppressor in California, New York or New Jersey?
No. Private hunters can't own suppressors in any of these 8 states, so they can't hunt with one there.
Can Capitol Armory ship a suppressor to one of these states?
Not to private buyers. We don't sell suppressors to private buyers in California, Delaware, Hawaii, Illinois, Massachusetts, New Jersey, New York or Rhode Island. The one exception is New York law enforcement officers. Those suppressors transfer through a local New York dealer.
Are suppressors legal in NY for police officers?
Yes. New York's silencer ban doesn't apply to police officers or peace officers as defined by the state's Criminal Procedure Law, so they can own a suppressor.
Does Capitol Armory sell suppressors to New York law enforcement officers?
Yes. We transfer the suppressor to a local New York dealer, where you complete the transfer. We don't ship it to your door.
Can I buy a suppressor in another state and bring it home?
No. Federal law doesn't let a dealer sell a suppressor to someone who lives in another state, and each of these states bans possession. New York law enforcement officers can buy one from us through a local New York dealer.