Airsoft Silencers and the BATFE

[Darkside6]

I thought I would let everyone know about a column I read this weekend. It was in the current Shotgun News, sorry for the ambiguity but I gave the article to 82d at this years sniper comp this weekend. Apparently a man built and shipped a pellet rifle silencer and pellet rifle to someone else. The feds caught the shipment, determined laws had been broken, and charged the guy with 15 years. He has served 5 so far. According to the article this verdict was turned over on appeal but he is still in jail as we speak. He built the silencer for a big bore airgun but the feds still considered it a silencer. The way they tested it was to mount it to a real gun and shoot it one time. It did muffle the report, thus they charged him. That means they are making the rules. A jury determined he built a silencer.

This should be a wake-up call to all of us. How many of us stick foam in our "mock silencers"? How much of a jump is it for the BATFE to go after airsoft?
My thoughts are: If the gun came with a fake can (TM G-Spec), then leave it alone. If you buy a can to put on a rifle, do not modify it with anything. This will put the manufacturer in the spotlight, not you. I know thinking like this sucks but how bad would it be to have a 15 year prison sentence handed down just because you stuffed some foam in a fake silencer. Another thought, 82nd mentioned removing any cans while driving around to events. I think that is a good idea. I have had an experience on I 85 with a trooper I won't soon forget when he saw my CA SAW sticking out of the pile of gear and guns. He was cool afterward, but how often will that happen? What do you guys think?

[Echo1 Operator]

I have been saying this for years. The TM NBB MK23 suppressor is a perfect example here. It's a functioning silencer, and it doesn't matter that some Japanese company made it when you get caught in possession of it. The people making their own are in an even worse position since they manufactured it.

[Star_folder]

Some one posted, on a different forum, a very in depth discussion they had with the feds or whoever about silencers, how they are classified, and what makes a silencer a silencer.

Basically, if it's on your gun, it's your problem. If it quiets your gun by even one decibel, it is a silencer, and therefore illegal. Even silencers with empty cavities inside of them count. Now, if the silencer is permanently attached to the gun, then it is ok. I don't really know why, it just is. Now, you can get a licence to carry one legally, but it is very expensive, and not quite worth it if you are going to use it just for airsoft, imo.

Be careful because you can easily buy foam filled silencers in airsoft, they really aren't hard to get at all. Now, once you have it, and it's on your gun, the chances of you getting in trouble for it are slim to none. MOST cops won't check to see if it's real or not, but it is still a possibility. So, just be careful, especially when shipping them.

*edit* This is the thread I was referencing.

[Echo1 Operator]

Now, if the silencer is permanently attached to the gun, then it is ok. I don't really know why, it just is. Now, you can get a licence to carry one legally, but it is very expensive, and not quite worth it if you are going to use it just for airsoft, imo.

That's incorrect. It doesn't matter if it's integral or not, if it suppresses the weapon it requires a tax stamp. The tax stamp itself is only a $200 fee.

[theboss62]

Wow I know people who have foam in their silencers and I am gonna make them take it out. That is serious. My dad did own a couple of silenced .22's. It took more than a year to get with finger prints and FBI background checked him and I can't remember what else so I knew they took it serious but not that much

[Darkside6]

First and foremost I am not a lawyer, so this is just a lay person talking. In my experience the way most of this stuff is thought out falls under the "reasonable man" category. If you bought a VSR G Spec with a "mock silencer" on the barrel end, and did not modify it you should be OK. Thats a big (should), though. The feds and all L.E. work under the idea of what would a reasonable man do. I don't think we should trash all of our cans just because of one interpretation of the law. But, if you have modified, or messed with a can to make it quieter I think you are taking chances. Be aware, the man they went after was a convicted felon before this happened so that may have had some bearing on how they prosecuted the letter of the law.
I know firsthand in other areas, (safety rigging, suspended loads, electrical contact burns) the first question in any investigation of an accident is: Was the device altered from stock in any way? If it was, this has a huge impact on the legal side.
You could argue, " It is not my responsibility as a consumer to police the marketplace of any devices that may resemble a working silencer". One would assume there is one agency or another who allready has that responsibility.
However, if you modify the silencer you must assume all of the responsibility for it's performance. We all know if you try to use a plastic, or aluminum silencer on a real gun it will blow apart. The problem is that logic sometimes get left by the wayside in one of these deals.

[Echo1 Operator]

There are actually a lot of suppressors on the market made of aluminum.

[Darkside6]

It would be of a slightly thicker material than what you would find on a typical airsoft gun.

[Vesper]

Just tell cops you don't speak English. Seems to work for me everytime.

[Dominum]

Be aware, the man they went after was a convicted felon before this happened so that may have had some bearing on how they prosecuted the letter of the law.

'Nuff said.

[SteevoLS]

Here is a very simple guideline to follow with airsoft:

Any publicity is bad publicity. The reason we are allowed so much freedom with how we run our games and modify our toys is because there is almost no regulation. Virtually every other country on earth with an active airsoft group has clamped down severely.

Bearing that in mind, don't leave mock suppressors attached to guns during transport, don't fill them with foam, and DO NOT leave the guns themselves visible during transport. It doesn't matter if it's legal or not, it's never a good thing to be pulled over with a support gun in the back seat, much less having a cop stroll by in the parking lot with an assault rifle sitting in your car in plain view, fake or otherwise.

[severed]

one thing not mentioned here is that airsoft guns are still considered toys, they are not even classified in the same group as pellet or traditional BB guns.

Here are some comparisons, does your airsoft replica shoot full auto? Did you need to get a tax stamp for that? You need a tax stamp to have a full auto real steel weapon...

How about the CA players, do they need special permission to run mags that hold over, what is the law out there 8 or 10 rounds? Or can they still buy high caps just like anyone else?

You can buy foam filled "barrel extensions" at any airsoft shop, they aren't illegal. But, as Steevo said any publicity is bad publicity so just be smart about how you transport your toys.

[Echo1 Operator]

The problem is not that it's being used on a paintball/airsoft/pellet gun. The problem is that it is possible to attach it to a firearm and use it to achieve decibel reduction. This is slightly a gray area, but it could certainly turn into a serious issue with the right prosecutor on a mission.

It's better to be play it safe and stay legal.

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.

[TeamBadCompany]

one thing not mentioned here is that airsoft guns are still considered toys, they are not even classified in the same group as pellet or traditional BB guns.

Here are some comparisons, does your airsoft replica shoot full auto? Did you need to get a tax stamp for that? You need a tax stamp to have a full auto real steel weapon...

How about the CA players, do they need special permission to run mags that hold over, what is the law out there 8 or 10 rounds? Or can they still buy high caps just like anyone else?

You can buy foam filled "barrel extensions" at any airsoft shop, they aren't illegal. But, as Steevo said any publicity is bad publicity so just be smart about how you transport your toys.

my dad's m4 has 30 round banna mags, they are probably grandfathered in but can you still buy them?

[Bishop]

my dad's m4 has 30 round banna mags, they are probably grandfathered in but can you still buy them?

Hah, go to any gun show over at the Jamil Temple in the harbinson area tons of 30 round and more mags.
The Assualt Weapons Ban expired, and with it the restrictions that "big brother" government put on lawful 2nd amendment armed citizens.