ATF Website – Clear Definition of Airgun Silencers
This topic has been beaten to death before but I felt the following text from the ATF website contradicts the common understanding that we’ve all arrived at with regard to third party (detachable) shrouds/frame extenders. i.e. they require modification from an airgun fitting to work on a firearm; therefore they are legal until modified.
To save on time and frustration, please comment constructively, and only on the ATF text below. If you find a further clarification please provide your source with a link. See further down for an ATF ruling on Paintball silencers
http://www.atf.gov/firearms/faq/national-firearms-act-firearms.html#paintball-airgun-suppressers
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.
Numerous paintball and airgun silencers tested by ATF’s Firearms Technology Branch have been determined to be, by nature of their design and function, firearm silencers. Because silencers are NFA weapons, an individual wishing to manufacture or transfer such a silencer must receive prior approval from ATF and pay the required tax. See also “What are the required transfer procedures for an individual who is not qualified as a manufacturer, importer, or dealer of NFA firearms?” and “How does an individual obtain authorization to make an NFA firearm?” for application details.
If you have any further questions as to the classification of a paintball or airgun silencer, please send a written request to ATF’s Firearms Technology Branch.
[18 U.S.C. 921(a)(24), 26 U.S.C. 5845(a), 27 CFR 479.11]
All Replies
explain how the MROD shroud passes the test expressed in this langauge:
“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. ”
You can pull the shroud off the Crosman in a couple minutes, access the baffle stack in seconds
its simply not a sealed, permenently attached or an integral unit as specified for these things to be unregulated
The Talon SS is an integral single expansion chamber design…totally legal
the HW and other euro mods are mostly semi permenently installed…grey area but still safe
AF shrouds? Really somewhat difficult to adapt, do not look that obvious so while grey area I’ll call them safe
slip over or threaded mods
prosecutable plain and simple if they are not permenently fixed on a gun
How did they handle the return of your shroud? You get a full refund?
Precisely. The manufactures are sending self contained unlicensed silencers in the mail to people around the country, albeit to AG owners. This is the area where the ATF will most likely start because there’s only a handful to cut off the supply. It happened with Paintball silencers in the 90s and will most likely arrives at AG silencers if enough political pressure mounts.
For home made silencers its much harder to find those individuals as there’s no registry of AG owners. But the people you meet with your gun at the range, ranch, or backyard are the ones to think about. A disgruntled neighbor or upset work colleague is all that’s needed to make heat.
I’m glad I own a TSS 12″ gun as it does all I need and keeps the report under control… legally. And there are many more legal silenced guns on the market… Armed with the above knowledge you can make an informed choice when looking at your future purchases.
🙂 Again great find gimmick. It’s definitely cleared things up to me. Also another thing I noticed is a lot of the talk was revolving around the manufacture and shipment of said devices. Appears the cross hairs are set on those folks.
I agree with your analysis… although you do have to use a hacksaw and that’s irrevocable demonstration of intent to use the tube and end cap assemble for something other than its original purpose. Without a hack saw you have to remove the core of the gun and insert a firearm in the rear and mount it… That’s also a clear demonstration of intent since you’ve removed the Airgun part of the gun, leaving you with a muffler.
I think we’ve all wanted the law to allow detachable AG silencers/mufflers/air-strippers/moderators. But the fact is it doesn’t. Thankfully permanent silencers are allowed on AGs and Paintball guns. So manufacturers will most likely continue to design these into their products. Crosman and Airforce have done an outstanding job.
I choose not to use a ‘frame extender’ on my TSS because of the law above. So the only thing protecting you, if you do own one, is not getting on the ATF radar. That’s a thin line depending on your situation and the people you come into contact with. But anecdotal evidence shows that you may just get a small fine and have the device confiscated. So long as you don’t have a record or some other exacerbating factor.
Good find Gimmick. Not to pour gasoline but if you sawed off the front of an AirForce rifle it would still shoot. With out issue at that. Technically it wouldn’t fall under being okay.
“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. “
Take this ruling and NFA M30 (the FAQ at the top of this thread) together to get a clear picture. A Talon SS, MROD, MROD Pistol, etc. are fine because they meet the ruling below.
Here’s the pertinent text from the ATF Ruling:
http://www.atf.gov/regulations-rulings/rulings/atf-rulings/atf-ruling-2005-4.pdf
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.
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
And that was my understanding from research plus common sense… My current analysis (and this thread) is purely looking at the ATF website and the published NFA law. I’ll PM Wok as I’d love to see more official references.
http://www.atf.gov/regulations-rulings/rulings/atf-rulings/atf-ruling-2005-4.pdf
This ruling indicates a permanent silencer is allowed so long
as the gun is rendered unusable in the process of modifying
it for use on a portable firearm.
It doesn’t cover externally manufactured and shipped silencers. 🙁
http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf
Search for section M30, its the same as the web FAQ,
it specifically mentions paintball and airgun silencers.
I don’t see much room for misinterpretation. 🙁
Opinion: I do agree wholeheartedly that an LEO or ATF agent has discretion. They are much better informed about the air/paint sports than the 90s… and they need to show some degree of intent to bring a case against someone. I also believe the law is written in a way to stop people thinking there’s a loophole to traffic unregistered firearm silencers. Being cautious I don’t want to be the person who falls foul of an overzealous LEO.
I can’t remember the chapter and verse stating the Modified part. I think WOK listed the link quite some time ago. I have it here somewhere buried in all the links.
I do remember that the original rule was far too vague. Hell. Even a lawn more muffler is a fire arm according to the original ruling if taken to its extreme. (Thats where the without Modification part comes in)
Other wise we are all breaking the law in our daily lives. I have a Fridge full of 2 liter cokes. A coke bottle attached to a fire arm or set up with an adapter or otherwise modified to fit a bun bbl. is illegal.
A Coke bottle not set up to be attached is not. It’s just a coke bottle. 😉
Now with that said, many moderators out there, especially those made in the UK are designed to attach a Air Gun in exactly the same way as a fire arm. Added to the fact that a mod. only need to reduce the noise level by one db. or more to be classified as a SILENCER, and it is easy to see the problem.
However, it would have to be able to attach to the bbl without modification not to be just a tube. Take the Edge for instance. It is only a tube with a crown fit in it and designed to hold the front sight. But, if not for the without modification part. It too would be a Silencer if nothing but the 1 db. rule applied. 😉
I have a house full of everyday things that “WITH MODIFICATION” could be termed a silencer. Coke bottle. Potato. Vacum Cleaner extension.Lawn More muffler. Glass Pack muffler. Pillow. The list is endless. BUT none of them are or were intended to be a fire arm silencer. Nor could any of them be with out modification.
If it were illegal, we would all be Fucked! That’s buggered to our UK Friends. 😆
A lot of people quote R. Beeman and T. GayLord. Neither are (were) Attorneys, or Judges. 😉
I just wish people would quite kicking a sleeping dog. Stop asking ATF for a ruling. They are NOT over AIR GUNS. But if we keep fucking around and asking for a ruling from them. We eventually are going to get one.
They aren’t screwing with us. Why do we keep screwing with them??? 😕
I’ll end this with saying that asking a ATF agent the in’s and out’s o the law is foolish. They are NOT Attorneys and DO NOT know all or even a good part of the laws. You would be just as wrong to hire a traffic cop to represent you in a court case for murder. He would have no idea how to go about it.
A properly certified Federal Attorney specializing in US Firearms Laws would be another matter. (And even at that, it is still going to be a matter of interpetation.) Even a Fed. Judge is not allowed to give you an answer. 😉
Mike
- You must be logged in to reply to this topic.
Yes, the company has a returns policy and restocking fee if there’s obvious scratches. If you own one check the policy.