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
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I agree… he showed no concrete intent to mount it on a firearm. Although he definitely showed contempt for the law and the safety of postal workers.
It is very interesting how they broke down the definition of “for”…. My god, no wonder lawyers charge a lot of money if you have to dissect words like “for”.
Anyway… it is good news; another case law to defend an Airgun owner’s use of an Airgun silencer. HOWEVER the law is clearly written (see other threads) to allow the gov to prosecute if you have something with a form and function of a silencer.
I also agree that an Average Joe would most likely not go to trial but the device may get confiscated and you may get more attention than you ever wanted from LEOs.
He’s no boyscout, but the conviction was bad. I read the whole thing and I think if it would have been your average joe there would have never been a conviction
So let it be written, so let it be done.
Here is the best part
“The conviction is reversed and the case remanded for the entry of a judgment of acquittal.
It is so ordered.”
It looks like what some of us have said also made enough sense for them to overturn the conviction in the airgun silencer case.
I will be first to say it….We told you so 😛
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Here’s the official version: http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=07-1964P.01A