new HB 238 what is the process for getting a suppressor?

Discussion of Firearm Politics & Legislation. This forum is now strictly limited to discussions directly related to firearms.

Moderators: Chuck, Mustang380gal, Coordinators, Moderators

Post Reply
roessn
Posts: 2
Joined: Thu Feb 24, 2011 3:22 pm

new HB 238 what is the process for getting a suppressor?

Post by roessn »

Can anyone describe the process needed to obtain a suppressor after HB 238 goes into effect?
User avatar
JustaShooter
OFCC Coordinator
OFCC Coordinator
Posts: 5800
Joined: Thu Feb 07, 2013 3:08 pm
Location: Akron/Canton Area

Re: new HB 238 what is the process for getting a suppressor?

Post by JustaShooter »

It will be essentially the same as before, except that if you don't go the route of using a trust, your sheriff will be required to sign your forms (after a background check and possibly charging a fee).
Christian, Husband, Father
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor

Want to become more active with OFCC and help fight for your rights? Click Here!
User avatar
SeanC
OFCC Coordinator
OFCC Coordinator
Posts: 2519
Joined: Fri Oct 13, 2006 1:35 pm
Location: Springboro, Ohio

Re: new HB 238 what is the process for getting a suppressor?

Post by SeanC »

Most folks will still benefit from a gun trust or corporation for purposes of estate planning, tax advantages, and sharing the device with others. If that's the way you want to go, then your first stop will usually be an attorney. If it's a trust, I advise clients to deposit the $200 stamp cost plus the cost of the weapon in the trust/corporate account. Then you go to the FFL and buy the device using money from the trust/corporation. You'll fill out an ATF Form 4 and record the corporation or trust as the transferee. You'll pay for the stamp, again, out of the corporate/trust account, and send the Form 4 off to the ATF, along with a copy of the trust declaration or articles of incorporation.

Alternatively, you can own the device in your own name, just like all your other property. If that's the way you want to go, then your first stop is to download the ATF Form 4. Fill it out, then go get 2 passport photos taken. Then take the Form 4 to your local Sheriff/Chief of Police. You'll need him or her to sign as the Chief Law Enforcement Officer. Right now, they can refuse to sign if they want to, which is why most folks go the trust/corporation route right now. That will change under the new law. While you're at the police department/sheriff's office, have two sets of fingerprints taken. Take all your paperwork to the dealer, buy the device, hand over your Form 4, fingerprint cards, passport photos, and $200 for the tax stamp.

Under either route, you'll also need an ATF Certificate of Compliance. Fill that out, and turn it in with your other papers. Then wait several months for ATF to give you the green light, go pick up your device, and enjoy.
I am a lawyer; I am not your lawyer.
roessn
Posts: 2
Joined: Thu Feb 24, 2011 3:22 pm

Re: new HB 238 what is the process for getting a suppressor?

Post by roessn »

So waiting for HB 238 means the Chief Law Enforcement Officer are required to sign off on the application? or this will no longer be required?

And you are saying there is a $200.00 tax fee in addition to the cost of a suppressor....wow starts to be un-affordable real quick
User avatar
buckeye43210
Posts: 818
Joined: Thu Jan 01, 2009 7:47 am
Location: Columbus, OH USA

Re: new HB 238 what is the process for getting a suppressor?

Post by buckeye43210 »

roessn wrote:So waiting for HB 238 means the Chief Law Enforcement Officer are required to sign off on the application? or this will no longer be required?

And you are saying there is a $200.00 tax fee in addition to the cost of a suppressor....wow starts to be un-affordable real quick
Welcome to the forums. Yes, one can assume that making it un-affordable was the original intent of the legislation. Looks like you have some reading to do...

http://blog.adamsarms.net/blog/how-do-i ... -tax-stamp
User avatar
MyWifeSaidYes
OFCC Coordinator
OFCC Coordinator
Posts: 5449
Joined: Tue Feb 16, 2010 12:59 pm
Location: Central Ohio
Contact:

Re: new HB 238 what is the process for getting a suppressor?

Post by MyWifeSaidYes »

roessn wrote:So waiting for HB 238 means the Chief Law Enforcement Officer are required to sign off on the application? or this will no longer be required?...
Signature of CLEO is still going to be required (that's a federal issue), but your county sheriff will be required to sign (and it could cost you $67).
MyWifeSaidYes
User avatar
JediSkipdogg
Posts: 10257
Joined: Sun Jul 27, 2008 3:03 pm
Location: Batavia
Contact:

Re: new HB 238 what is the process for getting a suppressor?

Post by JediSkipdogg »

buckeye43210 wrote:
roessn wrote:So waiting for HB 238 means the Chief Law Enforcement Officer are required to sign off on the application? or this will no longer be required?

And you are saying there is a $200.00 tax fee in addition to the cost of a suppressor....wow starts to be un-affordable real quick
Welcome to the forums. Yes, one can assume that making it un-affordable was the original intent of the legislation. Looks like you have some reading to do...

http://blog.adamsarms.net/blog/how-do-i ... -tax-stamp
And before anyone complains about the $200 tax stamp, remember, the price has NEVER changed since 1934. Yes, in 1934 it was $200....today it is still $200. With just inflation, that $200 should now be $3,531.04. I'd say we are lucky the price hasn't changed at all in 80 years.
Carrying Concealed Handguns - Signage Answers

Ohio Concealed Carry Classes in S/W Ohio
http://www.ProShootersTraining.com" onclick="window.open(this.href);return false;

I am not a lawyer. My answers are based on research, knowledge, and are generally backed up with facts, the Ohio Revised Code, or the United States Code.
User avatar
djthomas
Posts: 5961
Joined: Sun Jan 22, 2006 11:09 am

Re: new HB 238 what is the process for getting a suppressor?

Post by djthomas »

JediSkipdogg wrote:And before anyone complains about the $200 tax stamp, remember, the price has NEVER changed since 1934. Yes, in 1934 it was $200....today it is still $200. With just inflation, that $200 should now be $3,531.04. I'd say we are lucky the price hasn't changed at all in 80 years.
I'll add that for things like suppressors and SBRs the tax is obnoxious. OTOH if your thing is full auto then the tax is a rounding error.
User avatar
SeanC
OFCC Coordinator
OFCC Coordinator
Posts: 2519
Joined: Fri Oct 13, 2006 1:35 pm
Location: Springboro, Ohio

Re: new HB 238 what is the process for getting a suppressor?

Post by SeanC »

Yeah, it costs a boatload of money. $200 for the stamp, $200-1,000 for the suppressor, most lawyers will charge between $250 and $750 for a trust, and you may need a new barrel, as well.
I am a lawyer; I am not your lawyer.
ToledoXJ
Posts: 295
Joined: Wed Nov 30, 2011 10:28 pm

Re: new HB 238 what is the process for getting a suppressor?

Post by ToledoXJ »

Quite a few guys took advantage of a Trust sale from 199trust.com and so far are satisfied with the product.

$200 is cheap compared to the penalty of being nailed with an unapproved SBR or can.
User avatar
FormerNavy
Posts: 2342
Joined: Fri Aug 08, 2008 3:19 pm
Location: Southwest Ohio

Re: new HB 238 what is the process for getting a suppressor?

Post by FormerNavy »

So what good is being able to hunt with suppressors now? Unless I'm mistaken, nothing was changed with regards to what types of weapons you can hunt with... so you are still pretty limited, no? No bolt action rifles... no AR's...
User avatar
JediSkipdogg
Posts: 10257
Joined: Sun Jul 27, 2008 3:03 pm
Location: Batavia
Contact:

Re: new HB 238 what is the process for getting a suppressor?

Post by JediSkipdogg »

FormerNavy wrote:So what good is being able to hunt with suppressors now? Unless I'm mistaken, nothing was changed with regards to what types of weapons you can hunt with... so you are still pretty limited, no? No bolt action rifles... no AR's...
.223 vs. Coyote :mrgreen:

Suppressed 45-70 or .460 for deer. Lowers the DB to that of something like a .22. You can suppress almost all of the straight wall rifle cartridges.

Heck, you can get a 12 gauge suppressor if you really want to.
Carrying Concealed Handguns - Signage Answers

Ohio Concealed Carry Classes in S/W Ohio
http://www.ProShootersTraining.com" onclick="window.open(this.href);return false;

I am not a lawyer. My answers are based on research, knowledge, and are generally backed up with facts, the Ohio Revised Code, or the United States Code.
User avatar
JustaShooter
OFCC Coordinator
OFCC Coordinator
Posts: 5800
Joined: Thu Feb 07, 2013 3:08 pm
Location: Akron/Canton Area

Re: new HB 238 what is the process for getting a suppressor?

Post by JustaShooter »

FormerNavy wrote:So what good is being able to hunt with suppressors now? Unless I'm mistaken, nothing was changed with regards to what types of weapons you can hunt with... so you are still pretty limited, no? No bolt action rifles... no AR's...
Remember, not all hunting is limited that way. Outside of deer season you can hunt with anything you like. Many folks use ARs for predator and varmint hunting for example, and .22s are great fun for squirrels. Suppressing either of those would be very nice indeed. 8)
Christian, Husband, Father
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor

Want to become more active with OFCC and help fight for your rights? Click Here!
Ring
Posts: 1115
Joined: Tue Jul 12, 2005 9:54 am
Location: medina ohio

Re: new HB 238 what is the process for getting a suppressor?

Post by Ring »

ToledoXJ wrote:Quite a few guys took advantage of a Trust sale from 199trust.com and so far are satisfied with the product.

$200 is cheap compared to the penalty of being nailed with an unapproved SBR or can.

you know, that has NEVER happened with a "quicken" trust right?
User avatar
Cosmos
OFCC Member
OFCC Member
Posts: 274
Joined: Sat Sep 05, 2009 3:27 am
Location: SW Ohio

Re: new HB 238 what is the process for getting a suppressor?

Post by Cosmos »

ToledoXJ wrote:Quite a few guys took advantage of a Trust sale from 199trust.com and so far are satisfied with the product.

$200 is cheap compared to the penalty of being nailed with an unapproved SBR or can.
If anyone is interested, their site now lists the price at $79 for an NFA Trust.
NRA Benefactor
If the police are not present to stop a crime they are just armed historians.
A 1911 beats 9-1-1 every time.
Never attribute to malice that which is adequately explained by stupidity - Hanlon's razor
Post Reply