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» Silencer laws, A clarification
| DarkShadowHunter |
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I'm only as old as Paintball
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I got this information from another forum.
| QUOTE | Here is the low-down on silencers;
This sorta pretains to real suppressors...but I figured this would give ya'll some idear as to where they're allowed and such.
Contrary to popular belief, removable Silencer / Moderator / Sound Suppressors are legal to own under federal law. There are, however, 16 states, plus the District of Columbia , that prohibit the civilian ownership of removable Silencer / Moderator / Sound Suppressors. At this time, the following states allow private ownership of removable Silencer / Moderator / Sound Suppressors: AL, AR, AK, AZ, CO, CT, FL, GA, ID, IN, KY, LA, ME, MD,MS, MT, ND, NE, NV, NH, NM, NC, OH, OK, OR, PA, SC, SD, TN, TX, UT, VA, WA,WV, WI, and WY. Of the sixteen states which do not allow civilian ownership, CA, IA, KS, MA, MO, and MI allow class 3 dealers and class two manufacturers to possess removable Silencer / Moderator / Sound Suppressors.
Removable Silencer / Moderator / Sound Suppressors, like machine-guns, are proscribed under the National Firearms Act (NFA) of 1934, and are regulated by the Bureau of Alcohol, Tobacco, and Firearms. The procedure for owning a removable Silencer / Moderator / Sound Suppressors may seem daunting at first, but actually requires less paperwork than buying an automobile. The buyer then has the chief law enforcement officer (Sheriff, Chief of Police, head of state police agency, district attorney, a judge with the power of arrest, or any other law enforcement officer approved for this procedure by the National Firearms Act branch of the BATF) sign the rear of the Form 4 attesting the prospective purchaser does not possess a criminal record and is not wanted. The two fingerprint cards must be completed and signed by a law enforcement agency. The completed paperwork is then sent to the Department of the Treasury with a check or money order for $200.00. The $200.00 is known as a transfer tax, as it must be paid each time ownership of the removable Silencer / Moderator / Sound Suppressors is "transferred" (in this case, the dealer to the prospective purchaser). As long as the silencer is owned by the same person, the tax need not be paid again. Only if the owner sells it will a new transfer tax need to be paid. An owner may will his silencer to a lawful heir, with no tax incurred.
Once the paper work is submitted, it normally takes less than sixty days to receive the approved, stamped paperwork from NFA Branch. It is only upon the return of the approved paperwork that the dealer can allow the prospective purchaser to take possession of his new silencer. A copy of the approved paperwork must accompany the silencer at all times (the original should be stored in a safe deposit box). Removable Silencer / Moderator / Sound Suppressors can be transported to other states which allow their ownership, but to transport a removable Silencer / Moderator / Sound Suppressors into one of the sixteen states which prohibit private ownership can subject the owner to serious state felony charges. |
more info
| QUOTE | One addition to CptObvious (very useful) comment:
The Law Enforcement signature is often the hardest part. They're not really signing saying that you have no criminal record. They sign to simply acknowledge that you're applying for the controlled weapon/component.
In many jurisdictions, the local LE officer simply refuses to sign the Form 4 and thereby "pocket vetos" it. You can always go to another LE officer in your area, but that doesn't always work. They don't HAVE to sign it if they don't want to.
(Oh, and it costs $200 for the special tax stamp to own one, in addition to the cost of the suppressor.) |
The below quot is current as of Jan 14 2005
| QUOTE |
At this time, the following states allow private ownership of removable Silencer / Moderator / Sound Suppressors: AL, AR, AK, AZ, CO, CT, FL, GA, ID, IN, KY, LA, ME, MD,MS, MT, ND, NE, NV, NH, NM, NC, OH, OK, OR, PA, SC, SD, TN, TX, UT, VA, WA,WV, WI, and WY |
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The following was originally posted in the PbP chat. 9:28 PM [Hobo] Opsy that was the most annoying thing I hav ever had to endur, and I once watched a whole teletubbies episode. User BlackOpsGhost has been kicked.
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| DarkShadowHunter |
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I'm only as old as Paintball
Group: Admin
Posts: 3150
Joined: 13-July 07
Member No.: 3
Country: United States
Status: Offline
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| QUOTE | This is going to be a long drawn out post..But if you truly wish to know the law and how to make this work for you...READ IT!
This next part is basically the current regulations on silencers you will need this for reference to the next part of my post...
Certain integral devices intended to diminish the report of paintball guns are not “firearm silencers” or “firearm mufflers” under the Gun Control Act of 1968 or the National Firearms Act.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has received requests from manufacturers of paintball guns for evaluation and classification of integral devices intended to diminish the report of a paintball gun. Specifically, the manufacturers have asked whether the device would be considered a “silencer” as defined in the Gun Control Act of 1968 (GCA), 18 U.S.C. Chapter 44, and the National Firearms Act (NFA), 26 U.S.C. Chapter 53.
The sample submitted is a paintball gun with a ported device attached to the barrel. The paintball gun uses compressed air to expel a projectile. The paintball gun has a barrel with a smooth bore 12 1/4 inches long and 1 inch in diameter. The barrel is permanently welded to the paintball gun. The section of the barrel that the device is attached to has an internal diameter of .68 inches and is ported with 20 openings. Ten of the openings are rectangular in shape and are approximately .430 inches wide and 1 inch in length. The other 10 openings are oval in shape and approximately .25 inches wide and 1 inch in length. Two end caps, each with a diameter of 1.5 inches, are permanently welded to the barrel at either end of the ported section of the barrel. A section of plastic tube approximately 8 inches in length and 2 inches in diameter covers the ported section of the barrel. It is attached by sliding over the paintball gun barrel and is held in place by two rubber “O” rings that are affixed to metal bushings.
These metal bushings are permanently welded to the barrel, one toward the rear and one at the muzzle end of the barrel. The plastic tube, however, can be removed.
To determine whether the ported barrel and outer sleeve would function as a silencer, it was removed by cutting with a hack saw. A threaded adaptor with tape wrapped around it was utilized so the device could be attached to a .22 caliber Ruger Mark II pistol. With the device attached, a sound meter test was performed, with five shots being fired with the device attached and five shots fired without the device attached. The testing indicated that the attachment of the device resulted in a 7.98-decibel sound reduction.
The GCA defines the term “firearm” as: 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; © any firearm muffler or firearm silencer; or D.) any destructive device. Such term does not include an antique firearm. 18 U.S.C. 921(a)(3)©.
The definition of “firearm silencer” and “firearm muffler” in 18 U.S.C. 921(a)(24) provides as follows: 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.
The NFA defines the term “firearm” to include any silencer as defined in section 921 of the GCA. 26 U.S.C. 5845(a)(7).
The term “make” is defined in the NFA to include manufacturing, putting together, altering, any combination of these, or otherwise producing a firearm. 26 U.S.C. 5845(i).
The paintball gun examined by ATF is not a “firearm” as defined, because it does not, is not designed to, and may not be readily converted to expel a projectile by the action of an explosive and does not utilize the frame or receiver of a firearm.
The sole issue presented is whether the ported barrel and outer sleeve are a firearm muffler or firearm silencer as defined in the GCA and NFA.
The design characteristics of the ported barrel and outer sleeve are similar to those of conventional commercial silencers. The barrel is ported to allow the escape of gases from a fired round and the outer sleeve dampens or muffles the sound when a round is fired. Moreover, the sound meter test indicates a reduction of 7.98 decibels when the ported barrel and sleeve were attached to a .22 caliber pistol, which is consistent with the sound reduction resulting from the use of commercial silencers.
Noteworthy, the definition of “firearm silencer” and “firearm muffler” requires that the device be one for diminishing the report of a portable firearm. The device under consideration is permanently attached to and an integral part of a paintball gun, which is not a firearm as defined in the GCA or NFA. The device cannot be removed from the paintball gun without destroying the barrel and rendering the paintball gun unusable. Under these circumstances, the integral device is not a firearm muffler or firearm silencer.
However, once the device is cut from the paintball gun, it can be used to diminish the report of a firearm. As stated previously, the design characteristics of the device are consistent with those of commercial silencers, and testing indicates that the device functions to reduce the report of the firearm. Moreover, removal of the device from the paintball gun indicates some intention to utilize the device for something other than reducing the report of the paintball gun. Because the device will no longer be permanently attached to an unregulated item, and because of its silencer design characteristics, removal will result in the making of a silencer under the NFA and GCA.
This is consistent with the definition of “make” in the NFA, as removal of the device results in production of a silencer.
Making of a silencer by an unlicensed person for personal use does not require any license or notification to ATF under the GCA. However, under the NFA the making of a silencer must be approved in advance by ATF. Unlicensed persons must file an ATF Form 1, Application to Make a Firearm, pay a $200 making tax, and comply with all other provisions of the law prior to making the firearm.
Approval of the Form 1 results in registration of the silencer to the maker.
Subsequent transfers of the registered silencer must be approved in advance by ATF. Possession of a silencer not registered to the possessor, and a making or transfer that does not comply with the NFA and regulations are punishable by imprisonment for up to 10 years, a fine of $250,000, or both.
Held, a device for an unregulated paintball gun, having a permanently affixed, integral ported barrel and other components, that functions to reduce the report of the paintball gun is not a “firearm silencer” or “firearm muffler” as defined, as the device is not one for diminishing the report of a portable firearm.
Held further, removal of the permanently affixed ported barrel and other components from a paintball gun is a “making” of a silencer under the GCA and NFA that requires advance approval from ATF.
Date approved: October 12, 2005
Signed by:
Carl J. Truscott
Director
Now the interpretation of the law.....
The issue here is the regulations stand on the basis of a firearm, a paintball marker has been ruled out as a firearm according to the ATF. Starting there with the very base of the ruling sets these regulations into a gray area whether anybody will admit to it or not. The laws are open for interpretation and people who understand how to interpret them to work for them or against them will set a standard for change.
Seriously read the following and really think about what it says, possibly re-read it a few times to really get your mind running....
QUOTE
| QUOTE | | The definition of “firearm silencer” and “firearm muffler” in 18 U.S.C. 921(a)(24) provides as follows: 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. |
Let me focus on this main part;
QUOTE
| QUOTE | | "The terms “firearm silencer” and “firearm muffler” mean any device for silencing, muffling, or diminishing the report of a portable firearm..." |
That says specifically the silencer/muffler is being used for a Firearm. Well obviously the modification to silence the flatline barrel is not for use on a firearm, simply because it is intended for a paintball marker which has been cleared of a "firearms" status.
Now the second part of the above statement;
QUOTE
| QUOTE | | ...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. |
Your attention should be immediately be drawn to the following part; "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."
That plainly states that the silencer or muffler is intended for use on a firearm. If your design is intended for a paintball marker and that only.. The design would need to be one that would require modifying to fit a firearm. Having to modify the silencer intended for a paintball marker to fit a firearms will be classified as "making" a firearm silencer...which is illegal!
If you have any further questions or comments feel free to ask or mention it. In no way do I support the manufacturing of illegal silencers, I just feel it is important for you all to completely understand the regulations laid forth by the government.
SWATORNOT
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The following was originally posted in the PbP chat. 9:28 PM [Hobo] Opsy that was the most annoying thing I hav ever had to endur, and I once watched a whole teletubbies episode. User BlackOpsGhost has been kicked.
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