Suppressor allowed for Green Card holders ?

[westcliffe01]

I am a bit ignorant on class iii/NFA law, so I am trying to figure out if a permanent resident is allowed ownership of a suppressor ?

I am doing predator control on a sheep farm with a 223 bolt rifle and a suppressor will have the combined benefit of spooking both the sheep and the coyotes less.

If allowed, who would I need to get written permission from in Jackson County ? Is it the sheriff ? I am wondering how much of a problem this is likely to be since the sheriff has likely never been called on do perform this service previously ?

Thanks..

[rjrivero]

Generally, if you're allowed to own a firearm, you're allowed to own a suppressor.

When you apply for your transfer, you fill out a 5330.20 LINK HERE (www.atf.gov/forms/download/atf-f-5330-20.pdf). It will take you through quesitons regarding your immigration/naturalization status.

Your best bet is to call the ATF directly and talk to one of their specialists. They are VERY helpful, in my dealings with them. Phone number is: (304) 616-4500

Hope this helps.

RJ

[Roundballer]

I can't say much about the green card portion of this, but the use of a suppressor for hunting is prohibited. I don't know if the law is different for "predator control".

http://www.michigan.gov/documents/Wcao_134367_7.html

See section 2.1 (6)

[westcliffe01]

Looked at the form and according to it, anyone with a clean record and a valid Alien number (permanent resident) should be good to go as long as possession of the suppressor is legal in the state they are living in. Thanks for the reference RJ...

I will be needing a new (longer) rifle case for my 700 Varmint with 28" barrel and an additional 6-8" of suppressor hanging off the end...

Does anyone know whether every vendor who touches a component or process associated with the manufacture of suppressors has to be class ii approved ? If I build my own suppressor and have company A turn baffles and company B weld them together in their EB welding machine, is it all in order if I have the ATF permit or can one only use companies who have the required certification ?

[westcliffe01]

"(4) Use in hunting, or, subject to section 43510, subsections (2) and (3), of part 435, as amended, hunting and fishing licensing, natural resource and environmental protection act, 1994 PA 451, as amended, MCL 324.43510, possess afield in an area inhabited by wild birds and animals within the "shotgun, handgun, black-powder firearms only area" from November 15 to November 30, or use to take a deer during any firearm deer season in the "shotgun, handgun, black-powder firearms only area," a firearm other than:

From what I read, the restriction on silencers applies to the "zone 3" area and only during deer firearms season or specifically to the taking of deer. Due to the general restriction on centerfire rifles from Nov 15-30, I just won't hunt at that time or will go out with only my 20ga shotgun for coyotes.

If we were not generally permitted to use suppressors for hunting, what would be the point of ownership ? Given that suppressors have been banned in MI for all of recent memory, it would be reasonable to expect that the line in question should be repealed to bring it in line with the "recent" ruling by the AG. One would hope anyway...


I can't say much about the green card portion of this, but the use of a suppressor for hunting is prohibited. I don't know if the law is different for "predator control".

http://www.michigan.gov/documents/Wcao_134367_7.html

See section 2.1 (6)

[Roundballer]

Chapter II

General Hunting and Trapping Regulations

2.1 Taking of animals; prohibited methods, devices, and weapons; exceptions.

Sec. 2.1 Unless otherwise specified in this order, a person shall not do any of the following:

<snip>
(6) Possess or use an apparatus known as a silencer on a gun while hunting in this state.
http://www.michigan.gov/documents/Wcao_134367_7.html

"while hunting in this state" Not zone 3, the entire state.

[rjrivero]

So the question becomes: Is predator control considered "hunting?"

[westcliffe01]

Perhaps someone with the right "connections" needs to write the AG for a clarification of whether game or only non-game animals may be taken with a suppressor, since it seems that the "Wildlife Conservation Order" is now out of date since the recent AG opinion. When owning one is no longer a crime, it seems pretty stupid that using one on nuisance animals should remain such. It is not as if there is a poaching problem with Coyotes right now ...

[dougwg]

So the question becomes: Is predator control considered "hunting?"
no

[Roundballer]

So the question becomes: Is predator control considered "hunting?"
And the answer is: The DNR also controls "5.52 Nuisance animal control businesses, public nuisance animal control agencies and non-profit nuisance animal control organizations, and we see a line in that portion that says:


5.52 Nuisance animal control businesses, public nuisance animal control agencies and non-profit nuisance animal control organizations, permit issuance; requirements.

Sec. 5.52 The department’s wildlife permit specialist may issue a permit to a reputable nuisance animal control business, public nuisance animal control agency, or non-profit nuisance animal control organization for the purpose of taking certain animals causing damage to personal or real property. A person issued a permit under this section is subject to all of the following requirements:
<snip>

(4) To effect control measures, permittees may use foothold traps, body gripping or conibear type traps, live traps, firearms if possessed and used in compliance with all applicable state, local, and federal firearm laws and colony or multiple-catch traps for species other than muskrat. Colony traps may be used for muskrat if used in compliance with subsection 3.600(5). To affect control measures, permittees may also use snares the entire year if one or more of the following conditions are met: (http://www.michigan.gov/documents/Wcao_134367_7.html)

So it look like if you are doing this under a hunting license or a nuisance permit, you have to follow the set rules.

[rjrivero]

And the answer is: The DNR also controls "5.52 Nuisance animal control businesses, public nuisance animal control agencies and non-profit nuisance animal control organizations, and we see a line in that portion that says:



5.52 Nuisance animal control businesses, public nuisance animal control agencies and non-profit nuisance animal control organizations, permit issuance; requirements.

Sec. 5.52 The department’s wildlife permit specialist may issue a permit to a reputable nuisance animal control business, public nuisance animal control agency, or non-profit nuisance animal control organization for the purpose of taking certain animals causing damage to personal or real property. A person issued a permit under this section is subject to all of the following requirements:
<snip>

(4) To effect control measures, permittees may use foothold traps, body gripping or conibear type traps, live traps, firearms if possessed and used in compliance with all applicable state, local, and federal firearm laws and colony or multiple-catch traps for species other than muskrat. Colony traps may be used for muskrat if used in compliance with subsection 3.600(5). To affect control measures, permittees may also use snares the entire year if one or more of the following conditions are met:
So it look like if you are doing this under a hunting license or a nuisance permit, you have to follow the set rules.
Back on my "devi's advocate" kick, following the firearm rules. Doesn't say ANYTHING about "HUNTING" rules. So, since suppressors are now legal in the state, local and federal jurisdictions, IMVHO, the question STILL stands: Is pest control considered HUNTING?

@dougwg: Do you have any citations in state law that supports your position?

[Roundballer]

Back on my "devi's advocate" kick, following the firearm rules. Doesn't say ANYTHING about "HUNTING" rules. So, since suppressors are now legal in the state, local and federal jurisdictions, IMVHO, the question STILL stands: Is pest control considered HUNTING?
<snip>

Playing the part of the Devil's advocate is a very important one.

I was not trying to say that silencers can not be used period. I was just presenting what it does say in the law. IANAL and my opinion is worth nothing.

But, If one was to just go out and get a fur-bearers or small game license then you have to follow those hunting regs. On the other hand, if you somehow got the nuisance permit, there MAY be a hole there. It would take someone above my pay grade to give a definitive answer. Cans are now legal in Michigan, so it would not violate the possession laws. But the law under the nuisance permit says "all applicable state" laws. The question now becomes do hunting laws apply? I would lean towards yes they do apply, because both forms of license/permit falls under the purview of the DNR.