Possession of a Silencer Defense Attorney
Penal Code 33410 PC prohibits possessing or using a silencer on a firearm. A silencer, which reduces gunshot noise, is considered a firearm attachment. California's strict gun laws make it a felony for individuals, companies, or organizations to possess a silencer.
The "possession" of a silencer means that someone is either holding it or has immediate access and control over it. Notably, this law covers only silencers, not other objects that could be used with a pistol or firearm.
Therefore, it might serve as a legal defense by demonstrating that while you possessed something capable of silencing gunfire, it was not legally classified as a silencer.
This statute bans individuals from possessing silencers and prohibits firms and corporations, including private security firms, from possessing or using them.
You can be charged without associating the silencer with a firearm or fitting it to a specific weapon. In short, merely possessing a silencer is a crime.
What Does PC 33410 Say?
PC 33410 PC says, "Any person, firm, or corporation who within this state possesses a silencer is guilty of a felony and upon conviction thereof shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 or by a fine not to exceed $10,000, or by both that fine and imprisonment."
The penalties may involve up to 3 years of imprisonment if convicted, though the judge might choose only formal felony probation. Let's review a few examples below:
- EXAMPLE 1: John has a Concealed Carry Weapons (CCW) license and is carrying a pistol, but he buys a silencer and attaches it to his gun. While he can legally possess the firearm, he might still face charges for possessing a silencer.
- EXAMPLE 2: Sam is traveling through California with multiple silencers in his car to hand over to a friend. Although no guns are involved, he might still face charges under PC 33410.
What Are the Exceptions?
California Penal Code 33415 PC lists the following exceptions from prosecution under PC 33410 for possessing silencers:
- Police officers, sheriffs, military personnel, and their respective agencies as defined under Penal Code 830.1 PC.
- Any company that produces or sells silencers to authorized agencies.
- Transporting, transferring, or selling silencers to authorized agencies.
What Are Some Related Laws?
There are several California gun-related crimes related to possessing a silencer under Penal Code 33410 PC, such as the following:
- Penal Code 30605 PC - possession of assault weapons.
- Penal Code 30315 PC - ammunition possession,
- Penal Code 26500 PC - prohibits selling firearms without a license.
- Penal Code 26350 PC - illegal to carry an unloaded handgun.
- Penal Code 25100 PC - firearm storage offense.
- Penal Code 12556 PC - imitation firearms.
What Are the Penalties for Violations?
Violating Penal Code 33410 is a felony in California. A conviction may result in 16 months, 2 years, or 3 years in state prison and a fine of up to $10,000.
Judges have the authority to consider mitigating circumstances and choose to impose formal probation instead of jail time.
What Defenses Are Available?
As discussed below, a California criminal defense lawyer can employ various strategies to contest these charges. One possibility is to argue that the item in question was not a silencer.
This law specifically pertains to silencers, not to other legal attachments. Your attorney might demonstrate that your attachment is different from a silencer.
You could argue that you were unaware of having a silencer. We could argue that there was an illegal search and seizure.
Law enforcement needs probable cause to search your belongings. If we can establish police misconduct in uncovering the silencer and show that the evidence should be excluded, the prosecutor might dismiss the case.
We might be able to persuade the prosecutor not to file formal criminal charges initially, known as a "DA reject." You can reach out to us for an initial case review by phone or through the contact form. Eisner Gorin LLP is located in Los Angeles, CA.
If you have one phone call from jail, call us! If you are facing criminal charges,