By The Violence Policy Center

Silencers are devices that are attached to the barrel of a firearm to reduce the amount of noise generated by the firing of the weapon. By providing a larger contained space for the gases generated by the discharge of the gun’s ammunition round to dissipate and cool before escaping, silencers reduce the sound generated by the weapon’s firing. Since 1934, silencers have been regulated under the National Firearms Act (NFA).1 The NFA requires that transferees of silencers submit fingerprints and a photograph, pay a special tax, and undergo a background check. It also requires a “Chief Law Enforcement Officer” or CLEO to sign a statement confirming that a certifying official is satisfied that the fingerprints and photograph accompanying the application are those of the applicant and that the certifying official has no information indicating that possession of the silencer by the applicant would be in violation of state or local law. In January 2016, however, the Obama administration finalized a new rule that eliminates the CLEO sign-off requirement and replaces it with a requirement that local law enforcement need only be notified of the transfer of a silencer Hiram Percy Maxim is credited with patenting the first silencer in 1908. But a short time later their utility in crime was demonstrated in a tragic murder-suicide on Central Park West in New York City in 1915. In the decades that followed, silencers were used by the Office of Strategic Services (OSS) during World War II for clandestine missions. Silenced handguns were also used in Vietnam for multiple purposes. According to a former Special Forces NCO, military units used suppressed pistols “for all sorts of sneaky ops, from dumping guards to out and out assassinations.”2 In 1967, a new generation of silencers was developed by Mitch WerBell for Sionics, a company that specialized in counterinsurgency equipment. The acronym Sionics stood for Studies in Operational Negation of Insurgency and Counter Subversion. The company supplied silencers and similar items for covert operations by military and “CIA-type” clandestine organizations.3 These next-generation silencers were more efficient than their turn-of-the century predecessors and could effectively be used on battle rifles and Carbines. Today’s military silencers are used by special operations units to reduce noise and muzzle flash. A relatively new priority for the gun lobby and firearms industry has been to expand the market for the legal use of silencers. In 42 states silencers are now legal. But the ultimate goal is to weaken federal law regulating the transfer and use of silencers. Legislation has been introduced in Congress to accomplish this goal. Misleadingly labeled the “Hearing Protection Act,” the bill would remove silencers from the list of NFAregulated firearms and accessories, making them subject only to the regulations that currently apply to hunting rifles. In their public statements, proponents of the bill would like the public and policymakers to believe that silencers are innocuous devices used merely to protect the hearing of shooters, including children. But in fact, the campaign to deregulate silencers is merely the latest attempt by the gun lobby and firearms industry, in the wake of declining household gun ownership, to market yet another military-bred product with little concern for its impact on public safety.4 In fact, because the “Hearing Protection Act” would allow silencers to be sold under the same standards as traditional hunting rifles, this would allow the gun industry to manufacture firearms with integral silencers, creating a whole new class of firearm that could be marketed to the general public. ,,,,, A ban on silencers for civilian use would enhance public safety. The explosion in the popularity of silencers has significantly increased the likelihood they will be used in crime. The advantages of using silencers, including reduced noise and increased accuracy, make them attractive to mass shooters, terrorists, and common criminals. In addition, the administrative burden placed on the Bureau of Alcohol, Tobacco, Firearms and Explosives diverts resources from the agency’s more important regulatory and law enforcement responsibilities. Conversely, silencers serve no sporting purpose.

Washington, DC: Violence Policy Institute, 2019.  16p.