I don't know anything about their state laws, if they ban firearm suppressors I'm sure the air guns must comply. But it doesn't change anything as far as federal law is concerned.What about states where they define an air gun as a firearm. New Jersey comes to mind.
Ok, so here's the crux of the matter....doesn't make an airgun suppressor an unregistered NFA silencer...
I would start with the method of attachment to the air gun. Firearm silencers are typically threaded with a specific thread. A slip on air gun suppressor should properly fit an air gun and hopefully would require an adaptor to fit to a firearm. Also, while the atf says that it's still a firearm silencerif it won't last more than one shot, being made of plastic would certainly help your case.Ok, so here's the crux of the matter.
What are the physical characteristics that make an airgun silencer clearly not a firearm silencer?
I understand what the legal definition says, but this needs to be practica. The courts aren't going to let you skate because you say your silencer is only an airgun silencer and you would never put it on a firearm, any more than they would set you free simply because you tell them that you're only going to use the white powder in the little baggie to grout your bathroom tile and that you would never snort it.
If you want to stay out of prison, you need to be able to prove that the silencer isn't a firearm silencer in exactly the same manner that you need to be able to prove that the substance in the baggie isn't cocaine. Your heart may be pure, but the court is going to nail you just the same if you can't prove that you didn't possess something illegal.
So what physical features do you point to in order to categorically demonstrate that this device is NOT a firearm silencer?
If you could demonstrate that the silencer could not be attached to a firearm, that would be an effective defense.I would start with the method of attachment to the air gun. Firearm silencers are typically threaded with a specific thread. A slip on air gun suppressor should properly fit an air gun and hopefully would require an adaptor to fit to a firearm.
It could help, but as you say, there's nothing in the law that says a silencer has to be durable to be a silencer.Also, while the atf says that it's still a firearm silencerif it won't last more than one shot, being made of plastic would certainly help your case.
That's a different debate. In this case we're talking about something that is obviously designed to be a silencer. There won't be any debate about what the item is as there could be in the case of a makeshift device. The question will be how a person possessing this silencer is going to prove that it is absolutely not a firearm silencer to the satisfaction of the courts.What is the difference between a soda bottle and a soda bottle with an adaptor that will fit a threaded barrel?
Section 921(a)(3), to include “(A) any weapon (including a starter gun), which will, or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon….” Based on Section 921(a)(3), air guns, because they use compressed air and not an explosive to expel a projectile, do not constitute firearms under Federal law — unless they are manufactured with the frames or receivers of an actual firearm. Accordingly, the domestic sale and possession of air guns is normally unregulated under the Federal firearms laws enforced by ATF.
We caution that ATF is not charged with enforcement or oversight of the firearms laws of States or localities. To determine possible restrictions on air guns where you reside, we recommend that you contact the office of your state Attorney General, the State Police, or other State/local law enforcement authorities for further guidance.
I'm not looking for information on how to illegally silence a .22. I'm looking for further case law clarifying the issue of whether or not an air gun silencer is considered a firearm silencer.The term “firearm” is defined in the Gun Control Act of 1968, 18 U.S.C.
ADDED: I have it on good authority that a baby bottle "nipple" with an X cut on the end " WILL effectively silence a 22 rimfire rifle.
I understand what you see and don't see.Johnny, I don't see that it matters that one is designed as some form of silencer or not.
That's clearly true since the case in question provides the results of two different courts, the original trial court and the court to which he appealed. Their opinions differed.Sometimes different courts can have some different opinions...
An integral device that can't be removed intact via any reasonable means is hardly similar to a readily detachable device that could be easily attached to a firearm muzzle.Now similar devices are manufactured on airguns...
Crooker's foolproof strategy didn't prevent him from being arrested. It didn't prevent him from being prosecuted. It didn't prevent him from being convicted. He did manage to prevail at his appeal.
Ah yes. The joy of case law. It can prevent you from being convicted after being arrested and brought to trial....it can be cited in defense is all federal circuits.
The problem is that the question of how you PROVE it's an airgun silencer is still much less sure, and that's really the crux of the matter, isn't it....the question regarding the legal status of airgun silencers is answered.
1. How much does it cost to make sure that no court or law-enforcement officer can reasonably question the legality of a silencer you own?
A law enforcement officer might decide that a perfectly legal muzzle brake or flash hider on a rifle is a silencer. There is no guarantee, ever, that a law enforcement officer will not think that you are doing something illegal when you are not.Ah yes. The joy of case law. It can prevent you from being convicted after being arrested and brought to trial.The problem is that the question of how you PROVE it's an airgun silencer is still much less sure, and that's really the crux of the matter, isn't it.
Ok, let's try this from a slightly different angle.
1. How much does it cost to make sure that no court or law-enforcement officer can reasonably question the legality of a silencer you own?
2. Even assuming you manage the task, how much will it cost you to prove that your airgun silencer isn't a firearm silencer in court?
The issue is, does the court accept the case law or not.
Well yeah! Who wants to go to court? I sure don't and I don't personally know anyone else who does either.Now it appears thay what you want is to be shielded from any charge being filed.
This is glossing over the issue. Sure, a police officer can arrest you for anything. But if it's not something that has some reasonable basis in law, when you get out, you're going to have some definite legal recourse against the department that arrested you without legal cause.You can be arrested for anything.
There's a difference between doing something that's pretty obviously legal and having a police officer make a mistake and doing something that should be expected to look illegal to most police officers.A law enforcement officer might decide that a perfectly legal muzzle brake or flash hider on a rifle is a silencer. There is no guarantee, ever, that a law enforcement officer will not think that you are doing something illegal when you are not.
I think (HOPE???) that we can all understand why the police and the courts aren't going to instantly accept a defendant's word on a subject without some reasonable evidence/reasoning to back it up. If it were as simple as some of y'all are trying to make it, no one would ever be convicted for possession of anything illegal. All they would have to do is tell the courts/cops that it's something else (i.e. no, it's not a firearm silencer, I made it only for use on airguns) and then be instantly set free.
Which gets back to my question.
What strategy are you going to use to effectively and reliably prove that your airgun silencer is not a firearm silencer--thereby preventing yourself from being arrested and prosecuted?
I figured that was nearly every sane person's goal.If your primary goal is to avoid arrest...
What else could anyone possibly believe? If the police encounter a person who possesses what appears to be a silencer and that person can not produce the proper paperwork, there's really no need to speculate about what will happen next....you believe that having anything that might be construded as a silencer could get you arrested...
That makes perfect sense. Those who wish to avoid arrest are wise to avoid actions that appear illegal....then don't ever get caught with anything resembling a silencer in your possession.
No, it's not pointless. It is still very important.But for anyone who believes their actions are legal and isn't afraid of having to defend their actions in court, your question is pointless.
Ok, so you believe your actions are legal and you aren't afraid of defending them in court. That's not the end of the matter. You STILL have to come up with a defense strategy and that's exactly why the question is critically important.
I was answering your contention that my question was pointless for someone who wasn't afraid of defending their actions in court. I explained why it was far from pointless for someone in that situation.Now you are changing the question.
A true statement that is totally irrelevant. The fact that there are many things that you can do to make it look like you're breaking the law doesn't mean that it's smart to do any of them--including the particular one under discussion here.But there are many, many things that, even though legal, someone might construe to be illegal. These may or may not get you arrested. If they do, you get to defend yourself in court.