Silencer conviction overturned
Remember the guy convicted of having an airgun silencer capable of being used as a firearm silencer. It was overturned…
http://www.leagle.com/unsecure/page.htm?shortname=infco20100618081
All Replies
I’d say that there’s more fact than fiction to that statement.
one of the problems we have now, is that legislators and “do gooders” have a mind set that if “silencers” were allowed openly, is that there would be mass gunfights, killings, etc in the streets…and by all means, it’s taboo to have an airgun that shoots quietly.
it all comes down to: “i know what’s better for you than you do”…
River,
We are buddies for sure.
People can read the case for themselves and see exactly why they wanted to nail this guy and why they searched his package at the post office.
And they can read why the case was reversed as well.
As far as believing a “threaded silencer” glued on your gun as opposed to a slip fit held with a one set screw is legal is just speculation. But I bet all firearm silencers are “threaded” and none are slip fit with a set screw.
Look WOK
we are buddies, this isn’t about politics like it is sometimes with HO or KM
this is about the utter truth
I am attempting to save folks major serious bullshit that can happen all too quick.
dealt with NFA issues for a couple a decades
not even trying to be a know it all asshole
truth is if ATFE refers a case to DOJ you best have deep pockets as you are fighting the fuckers that print the money
This case is a serious win for that district, thats it
look at the time wasted in prison
yeah you can play the game its because he was a felon
bullshit WOK
its all about stepping stones to fuck us all
until it goes before the supremes you are still fucked
dont trust my opinion run it by the NFA boards
I just dont want folks bent over and screwed
walt is on the right track
Gimmick,
Hey! Bill Clinton basically got off by debating the meaning of “is!” That’s what lawyers do, sometimes it isn’t just to protect an asshole….oops, well even if an asshole gets off, it protects us in the long run.
No, I’m not a lawyer….not even a “Sea Lawyer.” Akula will get that…
The funny thing is, the ATF has answered emails and letters saying that they dont regulate airguns or “shrouds” but once someone catches a guy that they think deserves lots of prison time, they will try to prosecute under any available law.
I just hope the bozos are too busy to get to thinking that they ought to amend the law to cover us… Some asswipe thinks so, you just know it!
I sure didn’t ike the reference to the AG’s regulatory powers…
one of the things that is very disturbing is how far LE and legislators will go to ‘prove’ some things…
NEVER, ever, trust legislators…they say and do anything to try to get elected/re-elected.
folks…in the end, it’s OUR fault…we, the voters. we allow them to stay (or get elected) into office.
California legislature and the us congress are living in the stone age.
PURGE congress and state legislatures and replace them with those who are not anti-gun.
this makes me feel a little easyier about the setup that i have for my condor and now my 909s
Yep. The ATF “Expert” Had to make an adapter to make the airgun silencer fit to a firearm, which is beyond ridicules, but they did it. I think this says the silencer has to be readily attachable to a firearm, not just possible. I think my Talon SS is safe 😀
I won’t bother to repeat my comments on the moderator forum here however I suggest you read them as this reversal is only pertinant to that Federal District and does littler to protect folks in other Districts
it is a positive thing but it changes little until we have a SCOTUS ruling
tons of this shit in citations, much of it in conflict
needs to go to SCOTUS
River,
People held this case up as “I told you so” and did not mention it was only limited to that district in their argument before.
There are thousands of Airgun Silencers being sold over the counter currently in the USA. And the only conviction (of a FELON) of an airgun silencer has just been reversed.
So while people can pretend pinning and gluing on a silencer makes it permanent we all know it is not. If the law wants to prosecute you for something you are in deep shit and all the glue and pins in the world will not save you.
How many haven’t been…? 😆
WOK:
I won’t bother to repeat my comments on the moderator forum here however I suggest you read them as this reversal is only pertinant to that Federal District and does littler to protect folks in other Districts
it is a positive thing but it changes little until we have a SCOTUS ruling
tons of this shit in citations, much of it in conflict
needs to go to SCOTUS
And now precedence has been made. And they do not like to prosecute once a legal precedence has been made and waste their time on something that will be overturned.
Agreed… I’m am cautiously optimistic about maybe repurchasing a LDC for my AG.
And yet it was decided to reverse and acquit him ( a felon) for having an Airgun Silencer.
And now precedence has been made. And they do not like to prosecute once a legal precedence has been made and waste their time on something that will be overturned.
Simple… the people writing the laws aren’t felons and its populist to punish felons even after they’ve paid their debt to society.
Oh, hang on, how many congressmen have become convicted felons over the years?
I wonder what came of the person who made it??? Obviously the Feds went after him to at least “question” him.
The only bad news in this is that it will compel Congress to re-evaluate and re-write the law lest they waste more taxpayers dollars and come up without a conviction to show for it (as quoted below):
“but the range of physical objects that can muffle a firearm is so large and of so many alternative uses that some filtering restriction is needed to prevent overbreadth and possibly vagueness.”
More bad news (for guys like me “convicted felons”) is this paragraph:
“Congress might well think that there are devices like airgun silencers that can be so readily adapted to use with conventional firearms that their possession by felons ought to be prohibited without regard to purpose.”
AND EVEN MORE DISTURBING/DRACONIAN/UNCONSTITUIONAL IS THIS LUDICROUS STATEMENT:
“even more disturbing is his professed interest as a convicted felon in airguns that could be as powerful as firearms.”
So since I was convicted 26 years ago at the tender age of 17…It is “distrubing” that I have an interest in airguns that could be as powerful as firearms” WTF???????????????????
I understand this guy was treading on dangerous ground dealing with all these chemicals in this day and age…but that above quotation is just plain wrong and makes no dam sense!
- You must be logged in to reply to this topic.
slip fit cans go back generations
mount style is known as a bayonet fitting
DAQ style makes a variation of the Bayonet mount and will size it to a wide variety of firearms
http://www.muzzlecouplings.com/index.html
slip fit with set screw cans for .22s were marketed in “kit” form back in the wild west days of the 70s by Sionacs out of Arizona before the owner was indicted and appeared as one of the early profiles on America’s Most Wanted after he fled the country
folks in the AG community are mostly unaware of NFA rulings and thats the potential sting WOK
in the case at hand as I recall it was a threaded mod with a Sam Yang .45 so the reversal is interesting but given the proprietary thread on the Sam Yang barrel it really is not surprising
where the real danger is for folks is possessing a slip on or 1/2×20 AG mod and a .22 firearm
the defendant in this instance was only proven to possess an AG so no intent was established showing firearms use
thats why the conviction was reversed