I was browsing around, trying to see about maybe making my own silencer or foregrip due to the fact of low funds when I stumbled upon this. (source: *********)
General Firearm Silencer Laws
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.
Airsoft Silencer Laws
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).
Any fake silencer ( for airsoft, toy or real weapons) having any void / cavity / open space on the inside where gas can accumulate it is 100% ILLEGAL in the USA. Any Airsoft Fake Silencer that has removable end caps is also 100% illegal to possess in the USA. Just possession of either an airsoft fake silencer tube or end cap (no matter the material of construction) is a felony which can land you in a Federal Penitentiary for up to 10 years.
A very serious issue as there are already a number of ex-airsoft importers / re sellers serving time on this very issue. BATF does not fool around with this issue and the new Homeland Security / Patriot Act gives greater latitude to Federal Prosecutors as it is considered FELONY POSSESSION of an UNREGISTERED Title II device. Unlike other illegal airsoft import issue in regards to DOC Approved markings or not being an approved BATF importer for airsoft, which the Treasury Department does not have the time or inclination to consider top priority... They DO and ARE actively looking for anyone trafficking in airsoft silencers.
The ATF classifies a suppressor as a device which may be attatched to a weapon and will silence one shot by one decibel, and is detachable. That's the 'by the book' definition.
QUOTE (paradigmsk8er @ Oct 31 2005, 11:00 PM) *This is all from firsthand experiences with the ATF and department of homeland security. Feel free to argue, but this is what they told me:
" A suppressor is qualified as anything that suppresses a gunshot by 1 dB or more, as stated above. as such, anything that exceeds this (no matter if it is reusable or not) and is designed to or can readily fit on a firearm is considered a controlled item. As such, they are technically illegal unless you have the proper class III goodies to go with it."
For example: King Arms 200 mm light weight suppressor suppresses a .22 LR round by 11 dB average in an ATF laboratory test. How do I know? They tested mine. This is in a repeatedly fired test. as such, my airsoft suppressor was seized and destroyed (along with my KJW USP since it had a threaded barrel)
I didn't get any trouble since they new it was intended for an airsoft gun, but yes they can be illegal. If they can suppress the noise from a gunshot, then they break the law.The above quote is edited for grammar, spelling, and emphasis.
As we can see, an AIRSOFT suppressor HAS been confiscated and destroyed by the ATF in a civil environment. A supposedly "legal" airsoft suppressor was able to suppress a firearm 11x the legal limit. Yes thats right. A $30 "mock" supressor muffled the sound of a .22 rifle by 11x the legal limit. But how about elsewhere? USA and Canadian customs have stopped and destroyed the airsoft silencers that were proven to lower the report of a gun by 1 DB.
http://www.airsoftcanada.com/showthread.php?t=98329And for everyone saying " Putting this on a real gun is impossible." "It will explode and kill you" I'd like you to tell that to ATF agents if your censored2.gif is getting handed to you, and see what happens. Plus, do you really think a .22 short subsonic round is too much to handle for these metal tubes that already have been shown to work? The ATF has already caught people with "mock" suppressors that are able to handle .22LR rounds.
Just so we are all clear on this. Foamed, or otherwise, working airsoft silencers are at the very best grounds for destruction. At the very worst, they are grounds for fines and or jail time. People have been arrested for stuffing potatoes, steel wool and pillows on the ends of guns, so don't be surprised when your foamed suppressor lands you in jail. I for one, don't think 1 or 2 DB off the report of your airsoft gun is worth the risk of breaking a serious federal law
