Solvent Traps – Fun Time or Jail Time?

There are many questions about solvent traps and few correct answers. So, I’m writing this article to be a solvent trap Q&A.

The first question is perhaps the most important: Why should you listen to me? I am firearms attorney (but I’m not your attorney so this isn’t “legal advice”) who has helped 20,000 people get their FFL and I’ve represented hundreds of FFLs against the ATF. 

I’m going to give you my view on solvent traps based on many years of legal experience in this area.

What are “Solvent Traps?”

Solvent traps are items that are sold as a device which threads onto the end of a firearm’s barrel to catch cleaning solvent or cleaning fluids as part of the cleaning process.  However, in reality, they are an attempt to exploit a legal loophole to make a homemade silencer (suppressor). They are sold as a “non-firearm” (yes, silencers are legally “firearms” under the Gun Control Act) because they aren’t 100% finished and the purchaser can then drill a hole and turn it into their own home-made silencer.

Types of Solvent Traps

Solvent traps can be purchased as individual parts or as a solvent trap kit (or partial solvent trap kit).

Most often, a kit can be purchased which includes the following solvent trap parts:

• a threaded end to screw onto a firearm barrel, 
• a solvent trap tube, and
• an end cap

In order to turn it into a silencer, the firearm enthusiast would need to drill a hole in the end-cap (some kits come pre-marked) and install the baffles which are usually sold along-side the solvent traps as “cups” which also need a center-hole drilled through which the bullet will pass.

However, some “solvent traps” aren’t the standard threaded container but they are still meant for making a silencer. For example, another common design is sold as a muzzle brake / muzzle device with baffles. 

By itself, it is sold as an unregulated gun part. However, when an outer tube (usually sold by the same company) is installed on the muzzle brake, then a silencer (suppressor) has been made.

Is it Legal to Make Your Own Silencer (Suppressor)?

Yes, believe it or not, under federal law, it is 100% legal to make your own silencer (suppressor).

First, a note about why I keep referring to them as silencers when it is so common for others to call them “suppressors.” As I pointed out above, I am a firearms attorney and I deal with firearm laws on a daily basis – in the law (and in ATF regulations), they are called “silencers” so that is the term I use.

Before you can legally make a silencer as an individual, you must have an approved ATF Form 1 which is effectively your permission slip to make the silencer and you must have paid your $200 tax (and submitted fingerprints, etc).

However, if you got your FFL, even from home, you can make a silencer whenever you want (no permission from the ATF needed) and you won’t have to pay $200 tax per silencer.

Also, with your FFL, it’s likely easier to just buy a professional silencer at dealer pricing and have it shipped straight to your door (often in the next day or two).

NOTE: There are still state laws you must be aware of and comply with – I am speaking about federal lawds only.

Are Solvent Traps Legal?

Well, yes and no.

Technically, they are exploiting a loop-hole in the law by selling the items as “non-firearms” and then you can use the parts at home to make your own silencer after you have an approved Form 1.

The problem is, many people don’t have an approved Form 1 first and get themselves into a lot of trouble.

Also, there’s a weird techincal issue with silencers that doens’t apply to normal firearms – every part of a silencer is a silencer (whereas not every part of a rifle is a “rifle”). A part is considered a silencer part once it has been designed and intended to be a silencer part. 

Perhaps you can see the issue here – even though solvent traps aren’t complete silencers yet, once you or the maker have intended them to be silencer parts, they are legally silencers.

Also, many of these items have already crossed the ever-changing imaginary line from the ATF and are silencer parts as they currently exist – many of these websites, even the large ones, are either sting operations by the ATF to trick you into buying them or the ATF is going to end up with your information once they’re shut-down and raided.

Are Solvent Traps or Full Silencers Better?

I’m sure you can already tell where I’m going to go with this: I think it is way better to get a $150 manufacturing license, become an SOT, and make as many of your own firearms (including machine guns and silencers) as you want than it is to buy a $180 solvent trap, pay a $200 tax per item, and flirt with the legality of making it on your own.

AUTHOR

Ryan Cleckner

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Ryan Cleckner is a former special operations sniper and current attorney specializing in firearms law/ATF compliance and is a firearms industry executive (former govt. relations manager for NSSF, Vice President of Remington Outdoor Company, and a SAAMI voting board member).