How Pres. Obama's Executive Orders Will Make It Easier To Buy "Silencers"

This Ruger .22 Rifle is fitted with a suppressor
Standard Equipment for small game hunting in the UK

First of all, let's get one thing straight: Firearms suppressors, wrongly called "silencers" are not a criminals dream.  They are a safety item, which can be purchased over the counter in most European nations - including the UK.  In fact, in many of these nations they are REQUIRED.  They are not anything like their portrayal in movies and TV.   They do not "silence" firearms - but they do reduce the noise to a safe level.  In many states, they are legal and popular - even though they have

Criminals can improvise suppressors out of many
common items - they do not need to buy them

been difficult to purchase and each one carries a $200.00 federal purchase tax.  Of course, criminals, who don't care about laws, simply improvise single use suppressors out of common household items.

When they were first controlled, under the National Firearms Act of 1934, there was no national background system - so the feds decided to rely on local law enforcement.  They required the Chief Law Enforcement Officer (CLEO) to approve each sale.  It made sense then, but it does not make sense anymore - not in a era when we have multiple computer databases that can be used for background checks.

However, many CLEOs have simply refused to approve ANY suppressor purchases PERIOD, usually as part of an anti-gun rights stance by local government.  This effectively banned suppressors in their jurisdiction.  In response, many states have passed "must sign" laws requiring CLEOs to approve sales unless the buyer is not allowed to legally own or possess a firearm.  Additionally, many have been able to work around the CLEO approval by creating a trust that owns the suppressor.  In this case a CELO approval was not required.

Ironically, President Obama has just made buying a suppressor much easier.  His executive order now requires that all persons who are part of the trust submit a photo, fingerprints and undergo a background check.  HOWEVER, he has downgraded the CLEO approval to a CLEO notification.  In other words, he has completely eliminated the need for a trust!

Now, unless banned in your state - any law abiding citizen can purchase a suppressor.  Sure, you have to submit a fingerprint card, a photo and undergo a background check - but if you pass, you will get your suppressor!  Your local CLEO can no longer stop the sale just because he or she doesn't like guns and suppressors in private hands.

Of course, we still face the $200.00 transfer tax - on an item that may cost $200.00 or less.  Gun rights advocates want to see that tax lowered to $5.00 the same as is charged for the transfer of a "sawed off" shotgun.  That's right, this safety item is taxed more heavily than something much more likely to be used by criminals.   An even better move would be to simply class them as "firearms" and permit their sale at gun shops with the same background check.

So, in addition to doing absolutely nothing to expand who must do background checks. Pres. Obama's have orders actually done a great many things that gun rights advocates have been calling for - including making the NICS federal background check system more accurate, enforcing existing laws and now making it easier to purchase suppressors.  Certainly not what we expected!