When does a pile of junk become classified as a suppressor?

[joeschmoe]

-- And if you ask the BATF they "can't offer a legal opinion because we're not lawyers."

Even though the lawyers have been running the ATF for years.
But they will be happy to give an opinion that you broke the law if needed, at your trial.

 

[paintballdude902]

i heard the ATF raided lowes and charged them with constructive possession............jk



i feel like if you have a pipe with washers and steelwool stuffed inside you are up to no good in the eyes of the law. i really couldnt careless as long as u arent trying to hurt me.


i dont see you being charged unless you have said parts close together or somewhat assembled

 

[Ohio Gun Guy]

my .02....

I dont agree with the government, in the whole premise, but usually these are charges added to the stack of charges against someone. Perhaps they committed a crime with a firearm, are charged with drugs, gang related stuff etc. Then when they are searching home, shop, etc. they find the pieces the OP is asking about.

My guess is that if you had plans on your computer, or printed and on a work bench, then even just basic parts for a suppressor could be a problem. (Or the crime your being investigated for, utilized a suppressor)

Absent, a reason for a search or a crime, and no intent to build anything, there is no crime. It's very likely that the average homeowner who owns any tools and works on cars or his house might have all of those items currently in his possession.

Not a legal position, just some go ole' fashion internet lawerin'.

 

[Shadow 7D]

Based largely on the letter supplied by joeschmoe in Post #15, it looks like the simple answer to your question is, "as soon as the proper authority visually identifies those supplies as a suppressor."

The ATF definition of something that reduces sound by 1 decibel or more is also meaningless and arbitrary. A few inches of firearm barrel will reduce a firearm report by more than that, and in some cartridges a single inch will.

A milk jug and tape does and HAS met the above definition...

 

[Frank Ettin]

-- And if you ask the BATF they "can't offer a legal opinion because we're not lawyers."

Actually, there are procedures whereby one can ask, in writing, for a formal opinion from ATF. The opinion will be binding on the ATF. But one must know how to go about it.

 

[MasterSergeantA]

Actually, there are procedures whereby one can ask, in writing, for a formal opinion from ATF. The opinion will be binding on the ATF. But one must know how to go about it.

And one must always keep in mind that ATF has been known to change their minds. But having the written "opinion" should forestall a trip to Club Fed.

The NFA of 1934 refers to Title 18, US Code to define silencers.

Section 921 of Title 18 United States Code states:

"The terms “firearm silencer” and “firearm muffler” mean any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication."

So it largely depends on "intent".

http://www.atf.gov/firearms/faq/national-firearms-act-silencers.html also addresses the issue of having 'spare' parts on hand.