ATF

Sample Block


Bureau of Alcohol, Tobacco, Firearms and Explosives

If a silencer is found to be defective due to the manufacturing process, may it be replaced?

A silencer may be replaced only under the following circumstances:

  1. A manufacturer of silencers licensed as a manufacturer under the GCA who has paid special (occupational) tax under the NFA;
  2. prior to the time the silencer has left the manufacturer’s premises;
  3. determines that a silencer of its own manufacture is defective.

If all the above criteria are satisfied, the manufacturer may destroy the defective silencer and replace it with another silencer. If the silencer has already been registered, the replacement silencer may be marked with the same serial number and markings as the original silencer. If the destruction is prior to registration on ATF Form 2 (5320.2), the replacement silencer may be marked with the same serial number or another serial number. See also “May a Federal Firearms Licensee repair a silencer by replacing worn or damaged components?”, “May the outer tube of a registered silencer be repaired due to damage? If so, may the repair be done by someone other than the original manufacturer?” and “If the outer tube is destroyed or damaged beyond repair, may it be replaced?”.