Also, whatever device in question does not have to be on a firearm to make it illegal as you suggested.
A suppressor is a device designed to reduce the report of a FIREARM. A device designed to reduce the report of something other than a firearm -- or to be a cantaloupe as you've suggested -- isn't one. UNLESS you make it one by installing it ON a firearm.
Now, if you build yourself a suppressor bored to work with a .45, well, that may be different, maybe.
If you've got an airgun muffler bolted/soldered/affixed to an airgun -- a NON firearm -- it's even harder to redesign/re-purpose as a firearms silencer than that cantaloupe. Heck, it is harder to make it into a firearms silencer at that point than would be the piece of pipe and wad of steel wool in your tool box. That's not a silencer, either, unless you're making it into one.
Much unreasonable fear in this argument.
If you had an actual suppressor designed for use on a firearm, or a home-made one of pipe and duct tape, but never put them on a firearm, would that make it legal?
Obviously no, because those are DESIGNED to be firearms suppressors. Something semi-permanently attached to the muzzle of an air gun is not. However, like that piece of pipe you've got there, it possibly could be re-purposed into one, which would be illegal. So don't do that.
Actually a suppressor is considered a firearm by the BATF, so you'd not only be busted for the suppressor, but possession of an unregistered firearm.
I think you're a bit confused about how the NFA works. The crime you'd get busted for IS possession of an unregistered firearm. (Not "also.") That is, IF it was a suppressor, which it is NOT.
If you made it then you're also busted for manufacturing and no serial#, also both felonies.
Again, you seem unclear on the law here. a) IF it was a silencer, which it isn't, you could certainly manufacture it yourself, on a Form 1. (Instead of the Form 4, to transfer one someone else made.)
b) IF it was a Title 2 item, then yes it would require a serial number, but it isn't. (As an aside, if it was a normal "GCA" firearm, which it of course also isn't, and you made it for yourself, it would not require a serial number.)
It looks like our main argument is you think an airgun suppressor is legal, which I assume is because they are sold and nobody is getting arrested
The fact that the ATF isn't trying to enforce your view of this, and has allowed millions of them to be sold all over the country with out comment, is indeed quite telling. At some point you can't put genie back in the bottle. Further, no company would have ever even started going down this road -- wouldn't have made the first one! -- without an agreement that the BATFE wasn't going to try and call their device an unregistered Title 2 silencer and arrest them and all their customers.
My point is an airgun suppressor IS a suppressor as defined by the BATF
Except it ISN'T as I showed in the definitions above. That kills your argument.
They don't specifically say airgun suppressors are a felony because they don't have to, it's already covered in their description.
You're getting this backward. They don't say airgun suppressor because they'd have to say "
and ALSO airgun suppressors..." because the fact that it is made for an airgun makes it NOT a suppressor under 921(a)(24).
And even though they've been asked a million times if airgun suppressors are legal, they have never said they are.
The ATF does not like to give blanket statements like that, with good reason. If they declare these devices universally legal, than that would clear folks who put them on their firearms -- technically "making" an unregistered silencer out of one.
then we're at a stale mate.
Well, no. You may be agreeing to disagree, but you haven't proven your point, or refuted any of mine. More like "check."