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OHIO: PRO-SUPPRESSOR LEGISLATION PASSED, HEADING TO GOVERNOR

American Suppressor Association

American Suppressor Association

This afternoon, the Ohio House of Representatives voted to pass ASA backed House Bill 234 by a 69 – 16 margin. The bill, which was amended in the Senate Civil Justice committee, passed the Senate by a 24 – 6 vote on December 9. It is now headed to Governor Kasich for his signature.

Sponsored by Rep. Cheryl Grossman (R-23) and Rep. John Becker (R-65), the bill was originally drafted to repeal the prohibition on the use of legally possessed suppressors while hunting in Ohio. Lawmakers have consolidated a number of pro-gun amendments into the bill, including a “Shall Sign/Certify” provision which will require Chief Law Enforcement Officers (CLEOs) to process NFA applications in the same manner as CHL licenses. Once the law goes into effect, CLEOs will be required to sign applications unless the applicant is found to be a prohibited person.

If signed into law, Ohio will become the eighth state to enact “Shall Sign/Certify” legislation, joining Arizona, Kansas, Kentucky, Oklahoma, and Utah as the sixth state to do so this year.  Ohio will also become the 34th state to allow hunters to use legally possessed suppressors in the field for all game animals. Earlier this year, Alabama, FloridaGeorgia and Louisiana all enacted similar pro-suppressor hunting reform.

asa_edu_map_112114

The primary role of a suppressor is to reduce the overall sound signature of the host firearm to hearing safe levels. Contrary to popular belief, they do not “silence” or eliminate the noise of a gunshot. Rather, they trap the expanding gasses at the muzzle of a firearm and allow them to slowly cool, in a similar fashion to car mufflers. Their muffling capabilities intrinsically make them a hearing protection device for both the shooter and those around them.

We thank the National Rifle Association, Buckeye Firearms Association, and sportsmen and women who have continuously supported HB 234. We also thank Rep. Grossman and Rep. Becker for sponsoring the initial legislation, and Chairman Bill Coley, Sen. Larry Obhof, Sen. Joe Uecker, and President Keith Faber for their steadfast support. Finally, we would like to thank Speaker Batchelder and the other 68 members of the House who voted for concurrence.

Please contact Gov. Kasich and politely urge him to sign HB 234 into law. Contact information can be found below:

Address:  Riffe Center, 30th Floor 77 South High Street Columbus, OH 43215-6117

Phone: (614) 466-3555

Email Form: http://www.governor.ohio.gov/Contact/ContacttheGovernor.aspx

Ohio Flag

Posted in American Suppressor Association, Hunting, Hunting, Law Enforcement, Legislation, NFA, NRA, Shall Certify, Shall Sign, Silencers are Legal | Tagged , , , , , | 4 Comments

OHIO: SUPPRESSOR HUNTING LEGISLATION ADVANCES

Earlier today, the Ohio Senate Civil Justice Committee voted by an 8 – 2 margin to pass House Bill 234. The bill, which was amended in committee, was then moved to the Senate floor, where it passed 24 – 6. It is now headed to the House for concurrence. If passed without amendments, HB 234 will then advance to Governor Kasich.

Sponsored by Rep. Cheryl Grossman (R-23) and Rep. John Becker (R-65), the bill was originally drafted to repeal the prohibition on the use of legally possessed suppressors while hunting in Ohio. Lawmakers have consolidated a number of pro-gun amendments into the bill, including a “Shall Sign/Certify” provision which will require Chief Law Enforcement Officers (CLEOs) to process NFA applications in the same manner as CHL licenses. A signature will be required unless the applicant is found to be a prohibited person.

The legalization of suppressor hunting has widespread support among hunters and sportsmen in Ohio who want to be able to preserve their hearing while in the field. The primary role of a suppressor is to reduce the overall sound signature of the host firearm to hearing safe levels. Contrary to popular belief, they do not “silence” or eliminate the noise of a gunshot. Rather, they trap the expanding gasses at the muzzle of a firearm and allow them to slowly cool, in a similar fashion to car mufflers. Their muffling capabilities intrinsically make them a hearing protection device for both the shooter and those around them.

We thank the NRA, Buckeye Firearms Association, and sportsmen and women who have supported HB 234. We also thank Rep. Grossman and Rep. Becker for sponsoring the initial legislation, and Chairman Bill Coley, Sen. Larry Obhof, Sen. Joe Uecker, and President Keith Faber for their steadfast support.

Ohio Flag

Posted in 41P, American Suppressor Association, Hunting, Hunting, Law Enforcement, Legislation, NFA, NRA, Shall Sign, Silencers are Legal | Tagged , , , , , | Leave a comment

OHIO: SUPPRESSOR HUNTING LEGISLATION NEEDS SUPPORT

The Ohio Senate Civil Justice Committee is expected to vote on House Bill 234 on Tuesday, December 9th. Sponsored by Rep. Cheryl Grossman (R-23) and Rep. John Becker (R-65), the bill was originally drafted to repeal the prohibition on the use of legally possessed suppressors while hunting in Ohio. Lawmakers are currently working to consolidate a number of pro-gun amendments into the bill.

Suppressors are legal to own in 39 states, and are legal to hunt with in 34. Ohio is currently one of only five states in which the possession of suppressors by civilians is legal, but their use by hunters is not. If passed, Ohio will become the fifth state in 2014 to legalize their use while hunting all game and non-game animals.

asa_edu_map_112114

 

The legalization of suppressor hunting has widespread support among hunters and sportsmen in Ohio who want to be able to preserve their hearing while in the field. The primary role of a suppressor is to reduce the overall sound signature of the host firearm to hearing safe levels. Contrary to popular belief, they do not “silence” or eliminate the noise of a gunshot. Rather, they trap the expanding gasses at the muzzle of a firearm and allow them to slowly cool, in a similar fashion to car mufflers. Their muffling capabilities intrinsically make them a hearing protection device for both the shooter and those around them.

In order to pass, HB 234 needs your help!

Please contact members of the Ohio Senate Civil Justice Committee IMMEDIATELY and urge them to support House Bill 234. Contact information can be found here:

Senator Bill Coley (R – Chair): http://www.ohiosenate.gov/coley/contact

Senator Larry Obhof (R – Vice-Chair): http://www.ohiosenate.gov/obhof/contact

Senator Michael Skindell (D): http://www.ohiosenate.gov/skindell/contact

Senator Kevin Bacon (R): http://www.ohiosenate.gov/uecker/contact

Senator Edna Brown (D): http://www.ohiosenate.gov/brown/contact

Senator John Eklund (R): http://www.ohiosenate.gov/eklund/contact

Senator Eric Kearney (D): http://www.ohiosenate.gov/kearney/contact

Senator Scott Oelslager (R): http://www.ohiosenate.gov/oelslager/contact

Senator Bill Seitz (R): http://www.ohiosenate.gov/seitz/contact

Senator Joe Uecker (R): http://www.ohiosenate.gov/uecker/contact

 

Ohio Flag

Posted in American Suppressor Association, Educational, Hunting, Hunting, Legislation, NFA, Shall Certify, Shall Sign, Silencers are Legal | Tagged , , , , | Leave a comment

FLORIDA: HUNTING WITH SUPPRESSORS LEGAL EFFECTIVE IMMEDIATELY

Today, the Florida Fish and Wildlife Conservation Commission voted unanimously to repeal the 57 year old prohibition on the use of firearm suppressors for taking deer, gray squirrels, rabbits, wild turkeys, quail, and crows. Following the passage of the new regulation, the Commission then voted unanimously to authorize an Executive Order to allow the measure to take effect immediately. Minutes later, Executive Order # EO 14-32 was signed, making hunting with suppressors for all animals in the state legal, effective immediately.

The new regulation amends 68A-12.002 General Methods of Taking Game; Prohibitions by striking “silencer equipped” from the language.

 

Proposed Amendment to 68A-12.002 Now Enacted

With the enactment of the new regulation, Florida becomes the 33rd state to allow hunters to use legally possessed suppressors in the field for all game animals. Earlier this year, Alabama, Georgia and Louisiana all enacted similar pro-suppressor hunting reform. Of the 34 states in which suppressor hunting is legal, Montana is now the only state which restricts their use to certain types of animals. For a full map of suppressor legalities, visit the ASA’s website.

ASA would like to thank everyone who worked on the issue, including the Unified Sportsmen of Florida, and the National Rifle Association. We would also like to thank the Commissioners of the Florida Fish and Wildlife Conservation Commission for their unanimous support, and to their Executive Director for signing Executive Order # 14-32. Most importantly, we would like to thank all of the sportsmen and women in Florida who took the time to support this initiative. Because of your efforts, hunting in Florida has become a safer and more enjoyable experience.

The American Suppressor Association looks forward to continuing to work towards our goal of legalizing suppressor ownership and hunting in all 50 states. We would like to thank Florida for taking us all one step closer.

Suppressor Hunting in Florida

Florida Hunter With a Wild Hog on Private Land

Posted in American Suppressor Association, Educational, Hunting, Hunting, Legislation, NFA, NRA, Silencers are Legal | Tagged , , , , , , , | 13 Comments

FLORIDA: SUPPRESSOR HUNTING NEEDS YOUR HELP

On Friday, November 21, the Florida Fish and Wildlife Conservation Commission (FWC) is scheduled to conduct a final vote on whether or not they will repeal the prohibition on the use of firearm suppressors for taking deer, gray squirrels, rabbits, wild turkeys, quail, and crows. The draft rule, which was initially included in the Consent Agenda for consideration on Thursday, November 20, was delayed due to a flurry of anti-gun media coverage.

The proposed amendment is comprised of a single strikethrough which would lift the 57 year old ban on hunting game animals with suppressors in Florida.

 

 

Although the measure is limited in scope, it has widespread support among hunters and sportsmen in the state who want to be able to preserve their hearing while in the field. The primary role of a suppressor is to reduce the overall sound signature of the host firearm to hearing safe levels. Contrary to popular belief, they do not “silence” or eliminate the noise of a gunshot. Instead, they trap the expanding gasses at the muzzle of a firearm and allow them to slowly cool, in a similar fashion to car mufflers.

Even the most effective suppressors on the market on the smallest and quietest calibers reduce the peak sound level of the gunshot to around 110-120 dB. To put that in perspective, according to the National Institute for Occupational Safety and Health (NIOSH), that is as loud as a jackhammer (110 dB) or an ambulance siren (120 dB). To our knowledge, no one has ever accused a jackhammer of being silent.

When considering hunting caliber firearms, which average between 155-185 dB, the best suppressors only reduce the peak sound level to around 130-140 dB. While this is a tremendous reduction in noise level, it is still as loud as a jet engine at takeoff (140 dB).

It is time for Florida to join the 32 other states which currently allow the use of suppressors while hunting all game animals. This year, similar pro-suppressor hunting reform has been enacted in Alabama, Georgia, and Louisiana. On September 10, FWC voted unanimously to advance the regulation to a final vote. Let’s help make sure they vote unanimously to pass it.

Please contact members of the Florida Fish and Wildlife Conservation Commission IMMEDIATELY and politely urge them to legalize full game suppressor hunting in Florida.

Contact the Commissioners here: http://myfwc.com/contact/fwc-staff/senior-staff/contact-commissioners/

Posted in American Suppressor Association, Educational, Hunting, Hunting, Legislation, Silencers are Legal | Tagged , , , | Leave a comment

ATF UPDATE: 41P, NFA BACKLOG, AND THE E-FORMS SYSTEM

American Suppressor Association

American Suppressor Association

Last week, representatives from the American Suppressor Association (ASA) spoke with officials from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to discuss Docket No. ATF 41P, the NFA backlog, and the eForms system. On all fronts, there is encouraging news to report.

ATF 41P – FINAL RULING NOW EXPECTED MAY, 2015

Last year, the Obama Administration issued an executive action that seeks to amend the transfer of NFA firearms. Known colloquially as ATF 41P, the Notice of Proposed Rulemaking includes an amendment to require a Chief Law Enforcement Officer (CLEO) signoff for all NFA transfers to non-licensees, including those conducted by a trust or legal entity. In all, over 9,500 comments were submitted to the Federal Register, virtually all of which were in opposition to the proposed CLEO signoff requirement.

ASA’s comment can be viewed here: ASA Comment to ATF 41P

During our meeting, we were told by ATF officials that the final ruling is not expected until May, 2015 at the earliest. This extends ATF’s previous estimate that a ruling would be issued in January, 2015. The standard timeframe to issue a final ruling is six months after the close of the comment period. However, because of the overwhelming number of comments submitted, ATF has had to delay their decision on several occasions.

The primary reason for the numerous delays is because each qualified comment must be responded to by ATF in writing. According to ATF, they have never received this many comments for any proposed rulemaking in Bureau history. After the final ruling is issued, there is generally a 60 day grace period prior to implementation of the new regulation.

During our conversation, ATF also addressed their efforts to decrease the backlog of NFA forms. Since January, the NFA Branch has hired 9 additional examiners, bringing their total number to 25. Moreover, they have given the examiners the opportunity to work seven days a week with unlimited overtime. Accordingly, there has been a dramatic decline in the backlog of NFA forms. At the peak of the backlog in February, 2014, there were over 81,000 forms waiting to be processed. Today, with roughly 45,000 forms pending, that number has been cut nearly in half.

Regardless of these gains, the most effective way to decrease processing times is through the use of electronic Form 3s and Form 4s. The current eForms system, which is active in a limited capacity, has not accepted the submission of these forms since the program was taken down in April, 2014. Shortly thereafter, ATF announced that it would develop a “new and improved eForms” to handle the high volumes of Form 3 and Form 4 requests. The new eForms, which will be a completely redesigned platform, will be specifically structured to allow for batch loading of multiple forms.

In our discussion, ATF informed the American Suppressor Association that attempts are being made to launch the new eForms by SHOT Show in January, 2015. While certainly ambitious, it is more likely that it will launch sometime in Q2, 2015.

The American Suppressor Association will continue to keep you updated as any news about 41P, the NFA backlog, and the new eForms system comes to light.

ABOUT THE AMERICAN SUPPRESSOR ASSOCIATION 

The American Suppressor Association (ASA) is the unified voice of the suppressor industry. Our mission is to unite and advocate for the common interests of suppressor manufacturers, distribu­tors, dealers, and consumers. To accomplish our mission, our principal initiatives focus on state lobbying, federal lobbying, public education, and industry research.

ASA is a membership driven organization. We now offer a 1 year ASA Membership with an NFA Gun Trust for $100. For more information on how you can help protect and expand your right to own and use suppressors, please visit store.AmericanSuppressorAssociation.com.

Posted in 41P, American Suppressor Association, Educational, Law Enforcement, Legislation, NFA, Shall Certify, Shall Sign, Silencers are Legal | Tagged , , , | 5 Comments

OKLAHOMA: SHALL CERTIFY LEGISLATION TAKES EFFECT NOVEMBER 1

American Suppressor Association

American Suppressor Association

Today, Oklahoma House Bill 2461 takes effect. The pro-suppressor bill, which was vetoed by Gov. Mary Fallin and subsequently passed via a nearly unanimous veto override, will require Chief Law Enforcement Officers (CLEOs) in Oklahoma to sign NFA applications within 15 days of receipt, unless the applicant is found to be a prohibited person. With the enactment of the new law, Oklahoma joins Alaska, Arizona, Kansas, Kentucky, Tennessee, and Utah as the seventh state to enact “Shall Certify” legislation.

The concept of shall certify legislation is not new. It was developed by the NRA in 2003, when it sponsored Senate Bill 1658 in Tennessee. Also known as “Shall Sign”, this type of legislation requires Chief Law Enforcement Officers (CLEOs) in the state to sign NFA applications within a prescribed period of time, unless the applicant is found to be a prohibited person.

Shall certify became a top priority for the American Suppressor Association following the Obama Administration’s Notice of Proposed Rulemaking, Docket No. ATF 41P, the executive action which seeks to extend the CLEO signoff requirement to all trusts and legal entities. ASA will continue to lobby alongside the NRA to pass shall certify legislation until the CLEO signoff requirement is removed from the NFA transfer process.

When the National Firearms Act of 1934 was signed into law, computerized background checks did not exist. At that time, the CLEO signoff was the only means by which individuals applying for a transfer of an NFA item could be vetted. Since 1934, technology has come full circle, but the now antiquated CLEO signoff requirement has remained. Many CLEOs refuse to sign NFA applications, basing their refusal on perceived liability or even purely political reasons.Shall certify legislation fixes these issues, ensuring that law abiding citizens within the state receive their CLEO signature within a reasonable amount of time.

Your ASA would like to thank the NRA for their hard work and steadfast support of this initiative. We would also like to thank state Senator Nathan Dahm (R-33), Senate President Pro Tempore Brian Bingman (R-12), Senator Mike Schulz (R-38), state Representative Mike Turner (R-82) and House Speaker Jeffrey Hickman (R-58) for their leadership and support of the Second Amendment in Oklahoma. Without their tenacity and leadership, the enactment of HB 2461 would not have been possible.

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Posted in 41P, American Suppressor Association, Law Enforcement, Legislation, NFA, NRA, Shall Certify, Shall Sign, Silencers are Legal | Tagged , , , | 1 Comment

NFA ITEMS ARE LEGAL IN TEXAS

In recent weeks, select organizations have made the claim that items regulated by the National Firearms Act of 1934 (NFA) are illegal to possess in Texas and four other states with large NFA markets. These states include Alaska, Oklahoma, Tennessee, and Washington. This claim is false.

NFA items ARE LEGAL to own and possess in all five of the aforementioned states.

The basis of the claim hinges upon a flagrant misrepresentation of the law. Texas Penal Code states:

Sec. 46.05.  PROHIBITED WEAPONS.  (a)  A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:

(1)  an explosive weapon;

(2)  a machine gun;

(3)  a short-barrel firearm;

(4)  a firearm silencer;

(5)   knuckles;

(6)  armor-piercing ammunition;

(7)  a chemical dispensing device;

(8)  a zip gun; or

(9)  a tire deflation device.

(b)  It is a defense to prosecution under this section that the actor’s conduct was incidental to the performance of official duty by the armed forces or national guard, a governmental law enforcement agency, or a correctional facility.

The code then goes on to clarify the instances under which civilian possession of an NFA item is legal:

(c)  It is a defense to prosecution under this section that the actor’s possession was pursuant to registration pursuant to the National Firearms Act, as amended.

As you can see, lawful registration in accordance with the National Firearms Act is a “defense to prosecution”.  In Texas, any “defense to prosecution” has to be disproven by the state beyond a reasonable doubt. If reasonable doubt is established that the item in question is properly registered, the state requires that the defendant be acquitted.

In practical terms, this defense will only come into play if a law enforcement officer in Texas requests to see your proof of registration for an NFA item, and you are unable to produce the proper paperwork. On the other hand, if an individual is arrested for the possession of an NFA item, all he or she would need to do to avoid charges is show their ATF Tax Stamp for each NFA item. Nearly all prosecutors understand that even if a person doesn’t have their tax stamp when arrested, producing it at trial will raise enough of a reasonable doubt to make a conviction impossible. As a result, most prosecutors are not interested in pursuing cases that will obviously end in acquittal. Doing so could result in malicious prosecution charges.

This defense is similar to how Texas handles drivers who are caught operating a motor vehicle without a license. They too have a defense to prosecution, and will be acquitted if the driver can produce a driver’s license in court that was valid at the time of their offense (Tex. Trans. § 521.025(d)).

When discussing the legality of NFA items, bear in mind that Texas is by far the largest NFA market in the country. In terms of suppressors, Texas has 86,579 in circulation as of March, 2014, according to the ATF’s 2014 Annual Statistical Update of Firearms Commerce in the United States. With a combined total of 136,182 registered suppressors, AK, OK, TN, TX, and WA make up nearly 25% of the market. Although there are slight variations amongst defense to prosecution laws in different states, and although better statutes would be ideal, all five of these states allow civilians to own and possess NFA items in a similar manner to Texas. The ATF would not have approved the transfer of over 136,000 suppressors to these states if they were illegal.

The American Suppressor Association is the unified voice of the suppressor industry. The interests of suppressor manufacturers, distributors, dealers, and consumers are our only priorities. Although we will work in 2015 to enact stronger policy surrounding existing defense to prosecution laws, our primary initiatives on the state level will remain the passage of state ownership, hunting, and shall certify legislation across the country. We will not be fooled by fabricated issues.

Suppressor Ownership and Legality Map

Suppressor Ownership and Legality Map

Posted in American Suppressor Association, Educational, Law Enforcement, Legislation, NFA, Ownership, Shall Certify, Silencers are Legal | Tagged , , , , , , | 2 Comments

ALABAMA: SUPPRESSOR HUNTING NOW LEGAL

On October 1st, hunting with suppressors became legal in Alabama. The measure, which was passed unanimously by the Alabama Department of Conservation and Natural Resources Advisory Board on May 3rd, removed the prohibition on the use of suppressors while hunting all game and non-game animals in the state. The amended regulation, §220-2-.02 (1)(e), eliminated the language barring the use of “silenced firearms”. It now reads:

 

“It shall be unlawful to possess fully automatic firearms while hunting any species of wildlife.”

 

This change marks a major step in the right direction for hunters across the country who wish to protect their hearing. With the enactment of the new regulation, Alabama has become the 34th state to allow hunters to use legally possessed suppressors in the field. Earlier this year, Georgia and Louisiana also legalized the use of suppressors by hunters. Of the 34 states, only Montana and Florida restrict their use to certain types of animals and/or firearms. For a full map of suppressor legalities, visit the ASA’s website.

The ASA would like to thank everyone who worked on the issue, including the members of the Alabama Wildlife and Freshwater Fisheries (WFF) who raised the issue at the March 1st Conservation Advisory Board (CAB) meeting. We would also like to thank all of the members of the CAB for their unanimous support, as well as everyone who took the time to contact the members of the CAB in support of this measure.

The ASA looks forward to continuing to work towards our goal of legalizing suppressor ownership and hunting in all 50 states. We would like to thank Alabama for taking us all one step closer.

 

Alabama Flag

Posted in American Silencer Association, Educational, Hunting, Hunting, Legislation, NFA, Silencers are Legal | Tagged , | 2 Comments

LOUISIANA: SUPPRESSOR HUNTING LAWS TAKE EFFECT

Today, Louisiana House Bill 186 and Senate Bill 212 took effect. The duplicative bills, which were introduced by Rep. Cameron Henry (R-82) and Sen. Rick Ward III (R-17), were signed by Gov. Bobby Jindal (R-LA) at the end of May. Supported by the ASA, NRA-ILA, and Louisiana Shooting Association (LSA), the measures have extended the purview of suppressor hunting to all game animals in the state. The new laws mark a major step in the right direction for hunters across the country who wish to protect their hearing.

Louisiana joins Georgia as the second state in 2014 to enact suppressor hunting for all game animals. A similar measure is set to take effect in Alabama in October, despite previous assurances that it would take effect in mid-June. Unlike Georgia and Alabama, prior to the passage of the new law, Louisiana statute allowed for the use of suppressors while hunting non-game animals. Currently, of the 32 states in which suppressor hunting is legal, Montana is the only state which restricts their use to non-game animals. For a full map, visit the ASA’s website.

The American Suppressor Association would like to thank Gov. Jindal for signing HB 186 and SB 212 into law, as well as Rep. Henry and Sen. Ward for sponsoring the bills. We would also like to thank everyone who took the time to contact their legislators in support of these measures. In addition, we would like to thank the NRA-ILA, LSA, Lipsey’s, and Red Jacket Firearms for having gone above and beyond in support of this legislation. Without everyone’s support, this would not have been feasible.

The ASA looks forward to continuing to work towards our goal of legalizing suppressor ownership and hunting in all 50 states. We would like to thank Louisiana for taking us all one step closer.

Senator Ward Industry Photo

(L-R) Knox Williams, ASA, Joe Meaux, Red Jacket Firearms, State Sen. Rick Ward (R-Port Allen), Travis Glover, Lipsey’s, Wade Duty, Precision Firearms

Rep. Henry Dinner Photo

(L-R) Barret Kendrick, Bearco Training, Brannon LeBoeuf, NOLATAC Firearms Training, Jay Hunt, LSA Treasurer, Clayton Bourne, Attorney-at-law, Tara Mica, NRA-ILA Louisiana State Liaison, State Rep. Cameron Henry (R-82), Dan Zelenka, LSA President, Blake Miguez, USPSA Grand Master, Daniel Plunkett, LSA Director, Knox Williams, ASA Executive Director, Derek Howard, Big Boy Armament

Posted in American Silencer Association, Educational, Hunting, Hunting, Legislation, NFA, NRA, Silencers are Legal, Uncategorized | Leave a comment