He's going to jail!
by Tom Gaylord
Michael A. Crooker was found guilty on Wednesday, July 15, 2006 of illegally manufacturing a silencer. He faces a mandatory sentence of 15 years. This link has the report:
Airgun silencer case
Crooker made a silencer for a Korean Big Bore 909, a .45 caliber air rifle. In 2004 he sold the rifle and silencer to another party and he shipped it through the U.S. Postal Service, where it was intercepted.
When ATF tested the silencer on a firearm, it silenced the report. That is the legal definition of a silencer.
Making a silencer is a violation of several counts of the same law. Because a silencer is considered to be a firearm by federal law, the maker has just made a firearm without a license to manufacture - count one. Firearms that are sold are required to have serial numbers, and this one didn't - count two. And possession of an unregistered silencer is also a crime - count three.
The jury did ask for additional clarification on what constitutes a silencer, but the judge was unable to give them anything beyond the law. I have written an article about silencers for Pyramyd Air. It should be up on their web site soon. I included the definition of a silencer in that article, so you can read it for yourself. When it goes up, this is where it will be:
Articles
For 12 years I have maintained that silencers and airguns do not mix. People who play with the law open themselves to prosecution. Even if you win your case, the experience will not be pleasant. Now that BATF has a win under their belts, I expect them to prosecute other silencer violations more vigorously.
This was a jury trial.
posted by Tom Gaylord @ 5:51 AM
6 comments
6 Comments:
I know it’s annoying but why not just pay the Government Tax, licence or whatever it’s called? I know $200 or so not cheap but its better than going to jail, I’m in the UK were currently some unfortunate Air Gunner is getting prosecuted because his rifle was running at 12.1 FPE ie 0.1 FPE over the limit. At 12.1 FPE the rifle should have been held on a Firearms Certificate.
Regards Ora
ora,
That is my thought, as well. In fact, I went through the registration procxess and bought a legal silencer, just to see how difficult it is.
Our system has flaws, but they are livable.
Tom
You referenced a federal law that made it illegal for a state to
Declare an “air gun” a firearm. Could you please provide the code. The Idaho supreme court needs to see this.
The Idaho Supreme Court has all the U.S. codes in their library.
If YOU want the code, look for it in the 5000-series of U.S. Codes.
Tom
Title 27: Alcohol, Tobacco and Firearms
PART 479—MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER FIREARMS
Subpart B—Definitions
§ 479.11 Meaning of terms.
Muffler or silencer. Any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for the use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication.
how about the gamo air rifles that has the silencer built in?
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