Is it Illegal to Own a Silencer in California?
Under California’s Penal Code, possessing a silencer is one of the most serious firearm offenses you could face in the state. These cases involve public safety and so, the prosecution and the courts take these matters very seriously. If you are convicted, you may face a long prison sentence, permanent revocation of your firearm rights, and a felony record that will follow you for the rest of your life. Below, our San Diego weapons offenses lawyer explains the law, the penalties you may face, and potential defenses in your case.
What is the Law on Silencers in California?
Under California law, it is illegal to possess, manufacture, import, sell, or keep for sale any silencer or device that is meant to suppress, muffle, or diminish the sound of a firearm. Even if the device is not attached to a firearm, it can still result in criminal charges. The law in California is much stricter than the National Firearms Act, which requires special registrations and permits for these devices. State law makes possession of these devices illegal for the majority of individuals.
The law deems silencers to be particularly dangerous because they conceal the sound of a firearm, making it more difficult for bystanders and law enforcement to respond to shootings. The prosecution will usually aggressively pursue these charges but this is especially true when the following apply:
- The defendant has a previous criminal record
- The silencer was found with a firearm
- Gang enhancements are involved in the case
- The silencer was allegedly used during the commission of another offense
What are the Penalties for Possession of a Firearm?
The majority of cases involving possession of a silencer are classified as felonies. The penalties for a conviction for felony charges are as follows:
- Between 16 months and three years in prison
- Maximum $10,000 fine
- Permanent firearm ban for life
- A permanent criminal record
Defenses to Possession of a Silencer
It is critical to speak to a weapons offenses lawyer if you are charged with possession of a silencer. A lawyer will know the possible defenses in your case, which may include:
- The silencer was discovered during an illegal search and seizure, violating your Fourth Amendment rights
- You did not know you had a silencer in your possession, or you did not understand its function.
- The device law enforcement discovered was not a functional silencer designed to muffle the sound of a firearm.
- You are considered an authorized individual to possess a firearm, such as military personnel or law enforcement.
Our Weapons Offenses Lawyer in San Diego Can Prepare a Strong Defense
At Anthony Z. Vargas, Esq., our San Diego weapons offenses lawyer can challenge unlawful searches, file motions to reduce or dismiss your charges, and negotiate with prosecutors or defend your case aggressively at trial. If you or someone you love has been charged, call us now at 858-285-4595 or fill out our online form to schedule a consultation with our experienced attorney and to learn more about how we can help with your case.
Source:
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=33410.
