Are Silencers Legal in Arizona? Ownership, Trusts, and Penalties

Yes, silencers are legal to own in Arizona, provided the device is registered under the federal National Firearms Act. Arizona classifies silencers as “prohibited weapons,” but state law carves out an explicit exception for any silencer possessed, manufactured, or transferred in compliance with federal law. Clear the federal process, and the state adds nothing on top.

How Arizona Treats Silencers

Arizona Revised Statutes § 13-3101 defines a “prohibited weapon” to include any device designed to muffle the report of a firearm.1Arizona Legislature. Arizona Code 13-3101 – Definitions Possession of a prohibited weapon under ARS § 13-3102 is a class 4 felony.2Arizona Legislature. Arizona Revised Statutes 13-3102 – Misconduct Involving Weapons, Defenses, Classification The same statute, however, says the “prohibited weapon” label does not apply to any firearm or device possessed, manufactured, or transferred in compliance with federal law.

The practical effect: Arizona imposes no separate permit, registration, or licensing requirement. If your silencer is properly registered with the ATF, the state treats it as lawful. If it isn’t, you face both a state felony and federal charges.

How to Legally Buy a Silencer in Arizona

Silencers are regulated under the National Firearms Act, so this is not a same-day purchase.3Bureau of Alcohol, Tobacco, Firearms and Explosives. National Firearms Act The transfer runs through a federally licensed dealer with a Special Occupational Tax status (often called a Class 3 dealer).

To be eligible, you must be at least 21, a U.S. resident, and legally allowed to buy firearms. The same disqualifiers that block a standard firearm purchase apply here: felony convictions, domestic violence misdemeanors, active restraining orders, unlawful drug use, and other federal prohibitions.

Once you pick out the silencer at the dealer, you file an ATF Form 4 (Application for Tax Paid Transfer and Registration of a Firearm). Federal law requires the application to include fingerprints and a photograph of the transferee.4Office of the Law Revision Counsel. United States Code Title 26 – Section 5812 – Transfer of Firearms In practice, that means a passport-style photo and fingerprint cards along with the completed form. Most dealers now file through the ATF’s eForms portal, which is faster than paper.5Bureau of Alcohol, Tobacco, Firearms and Explosives. eForms Applications

You will still see the old $200 transfer tax mentioned everywhere online. The current text of 26 U.S.C. § 5811 sets that $200 rate only for machineguns and destructive devices. For all other NFA firearms, including silencers, the transfer tax rate is now $0.6Office of the Law Revision Counsel. United States Code Title 26 – Section 5811 – Transfer Tax The registration process is unchanged: file Form 4, submit fingerprints and photo, wait for approval.

Wait times have dropped sharply. As of February 2026, average Form 4 processing times were roughly 10 days for individual eForms filings and 26 days for trust eForms filings, with paper submissions averaging 21 to 24 days.7Bureau of Alcohol, Tobacco, Firearms and Explosives. Current Processing Times These figures fluctuate month to month, so confirm current times before you plan around them. Once the ATF approves the transfer, the dealer calls you in, you complete a standard ATF Form 4473, and you take the silencer home.8Bureau of Alcohol, Tobacco, Firearms and Explosives. ATF Form 4473 – Firearms Transaction Record

Individual Registration or a Gun Trust

Before you file Form 4, decide whether to register the silencer to yourself or to a gun trust. The choice controls who can legally touch it.

Under individual registration, only the named owner may possess or use the silencer. Nobody else can handle it unless the owner is present and in control. Under a trust, the silencer is owned by a legal entity, and every person listed as a responsible party can independently possess, transport, and use it.

The trust route adds paperwork up front. ATF Rule 41F requires every responsible person on the trust to submit an ATF Form 5320.23, a passport-style photograph, and two sets of fingerprint cards for individual background checks.9Bureau of Alcohol, Tobacco, Firearms and Explosives. Background Checks for Responsible Persons (Final Rule 41F) Moving an individually registered silencer into a trust later requires a fresh Form 4 transfer, which restarts the whole process.

Penalties for an Unregistered Silencer

Skipping registration creates exposure on both sides. Under Arizona law, possession of a silencer that isn’t federally registered is misconduct involving weapons, a class 4 felony.2Arizona Legislature. Arizona Revised Statutes 13-3102 – Misconduct Involving Weapons, Defenses, Classification

Federal penalties are steeper. Possession of an unregistered NFA firearm carries up to 10 years in federal prison, a fine of up to $10,000, or both.10Office of the Law Revision Counsel. United States Code Title 26 – Section 5871 – Penalties Every NFA firearm must be recorded in the National Firearms Registration and Transfer Record, and there is no grace period or retroactive registration.11Office of the Law Revision Counsel. United States Code Title 26 – Section 5841 – Registration of Firearms State and federal prosecutors can charge in parallel, and often do.

Hunting with a Silencer

Arizona expressly allows silencer use for hunting. ARS § 17-251 forbids the Arizona Game and Fish Commission from adopting any rule that bans the lawful possession or use of a silencer for taking wildlife.12Arizona Legislature. Arizona Code 17-251 – Possession or Use of a Firearm Silencer or Muffler The commission may still regulate caliber and ammunition for particular game, but it cannot single out silencers. A federally registered silencer plus proper hunting tags is enough.

Traveling Across State Lines

Federal law requires prior ATF authorization via Form 5320.20 before transporting certain NFA items across state lines. Silencers aren’t on that list. The interstate transport restriction in 27 CFR § 478.28 covers machineguns, destructive devices, short-barreled rifles, and short-barreled shotguns only.13eCFR. 27 CFR 478.28 – Transportation of Firearms You can move a registered silencer across state lines without filing Form 20.

The destination state’s law still governs. Not every state permits civilian silencer ownership. Confirm the legal status in any state you’ll travel through or stop in, and carry a copy of your approved Form 4 with the silencer as proof of registration.

What Happens When the Owner Dies

A registered silencer doesn’t become contraband when the owner dies. Federal law allows tax-exempt transfers to lawful heirs through ATF Form 5.14Bureau of Alcohol, Tobacco, Firearms and Explosives. Application to Transfer and Register NFA Firearm (Tax-Exempt) No transfer tax applies. The heir still has to pass a background check and cannot take possession until the ATF approves Form 5.

During probate, the executor can hold the silencer and should keep it secured. If an heir is prohibited from possessing firearms, the executor arranges a transfer to a different eligible person or to a licensed dealer instead.

Arizona backs this up. ARS § 13-3102 exempts a person who acquires a prohibited weapon “by operation of law such as by gift, devise or descent or in a fiduciary capacity” from the misconduct-involving-weapons offense.2Arizona Legislature. Arizona Revised Statutes 13-3102 – Misconduct Involving Weapons, Defenses, Classification An executor or heir holding the silencer during estate administration is not committing a state felony, even while the Form 5 is pending.