State Department Legalizes U.S. Silencers for Export
The U.S. State Department has made it legal to export suppressors to overseas markets. The Department’s Directorate of Defense Trade Controls (DDTC) rescinded the 2002 policy that prevented the export of silencers on Friday, July 11, 2020.
The International Traffic in Arms Regulations (ITAR) governs firearm silencer or suppressors as part of the United States Munitions List (USML). The State Department previously stated:
The Department recognizes that sound suppressors (silencers) are sold commercially in some jurisdictions, often for use at ranges or for hunting in certain environments, although their availability in retail markets varies significantly within the United States as well as foreign countries. However, sound suppressors (silencers) provide the capability to muffle the sound of weapons fire, which can degrade the ability of an adversary to localize the source of the incoming rounds and return fire or raise the alarm. The Department has determined, in coordination with the interagency, that silencers continue to warrant control on the USML. Federal Register
Now the previous policy that only hurt U.S. silencer manufacturers has been changed.
DDTC Web Notice Regarding an Update to its Suppressor Policy
Effective immediately, the Department of State has rescinded its April 18, 2002, firearms sound suppressor policy. This policy provided for enhanced guidelines for the approval and issuance of export licenses for sound suppressors and restricted their export to only official end-users such as government or military entities. Henceforth, DDTC will handle suppressor exports in a manner consistent with other USML-controlled technologies. This requires that applicants must identify a specific end-user. Applications for the permanent export of hardware must include purchase documentation, a DSP-83 non-transfer, and end-use certificate (as suppressors are considered Significant Military Equipment under the USML), an end-user statement, and an import permit (if required by the destination country). Consistent with current licensing practices, all licenses will be reviewed and adjudicated on a case-by-case basis, and any pre-license checks or post-shipment verifications will be conducted as deemed necessary and appropriate based on the totality of the circumstances of the transaction. Standard staffing protocols within the Department and interagency will be applied as required.
“This is a commonsense decision to allow U.S. manufacturers to compete in overseas markets where suppressors are not only legal, but are often required for recreational shooting and hunting,” said Lawrence G. Keane, National Sport Shooting Foundation Senior Vice President, and General Counsel. “This is another win for the firearm and suppressor manufacturers by the Trump Administration. Earlier this year, the Trump Administration finalized the U.S. Munitions List to Commerce Control List Transition, streamlining the export process for firearms. That was an export reform years in the making and only held up for domestic political reasons. U.S. manufacturers, domestic production, and U.S. workers will all benefit from this practical decision.”
The DDTC noted it will handle suppressor exports in a manner consistent with other USML-controlled technologies. Consistent with current licensing practices, all licenses will be reviewed and adjudicated on a case-by-case basis, and any pre-license checks or post-shipment verifications will be conducted as deemed necessary and appropriate based on the totality of the circumstances of the transaction.
Analysis
In short, U.S. silencer manufacturers will now be able to sell overseas assuming their export license is approved. This could mean more potential sales for some silencer companies. However, with the recent surge in firearm and silencer sales in the United States it seems that most companies have more business than they can handle. For a silencer company to take advantage of this on a large scale, then production would have to be drastically increased.
It also remains to be seen if there is a market for U.S.-made silencers abroad. The European market has several silencer brands that typically sell for less than $300 U.S.
To add to the list of barriers, several firearms in Europe use different muzzle thread pitches. While this isn’t something that can’t be overcome, it means that silencer manufacturers looking to compete in that market also have to contend with the variable thread pitches and muzzle devices that would be required.
Lastly, a distribution channel will have to be established for companies that don’t have a presence in Europe. Based on our research, only SIG Sauer has that capability in the near term.
While the rule change by the DDTC is a welcome change, there are still many questions that remain unanswered before we know if silencer manufacturers can take full advantage of the change.
Jeremy Mallette is co-founder of International Sportsman. An avid hunter and outdoorsman, he has spent more than a decade in the outdoor industry, from hiking and camping to silencers and hunting. His father taught him to shoot at age six, and he received his first firearm at age eight — a 1942 Colt Commando .38 special revolver. He enjoys yearly trips to Kansas for pheasant hunting, spending time with his children at the deer lease, and collecting unique firearms.