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why are paintball silencers illegal?

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mitchell_a_ok View Drop Down
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    Posted: 22 June 2008 at 2:23pm
So I've been looking around the forum, and as soon as anyone even mentions a silencer, people freak out saying that it's illegal, which i'm sure it is... now my question is: why are these silencers illegal
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Hadrian Quote  Post ReplyReply Direct Link To This Post Posted: 22 June 2008 at 2:38pm
They aren't actually illegal as any firearms enthusiast can tell you. However you just have to pay the US Government a $250 tax after getting approval from the ATF and your local law enforcement to possess one. Building one without a permit is also illegal and considered a federal felony.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote rockerdoode Quote  Post ReplyReply Direct Link To This Post Posted: 22 June 2008 at 3:22pm
I'm sure he appreciates the "how to get one" lesson...but I'm pretty sure that doesn't answer his question.

However, I really don't know the answer either. I think it's illegal because the majority of the time you're using a silencer, it's for some type of illegal activity.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote K Hop Quote  Post ReplyReply Direct Link To This Post Posted: 22 June 2008 at 3:33pm
Originally posted by rockerdoode rockerdoode wrote:

I'm sure he appreciates the "how to get one" lesson...but I'm pretty sure that doesn't answer his question.

However, I really don't know the answer either. I think it's illegal because the majority of the time you're using a silencer, it's for some type of illegal activity.


he answered it fine... you just have to read it... its illegal to have them WITHOUT a permit... which is what most of the topics have been about... like getting one for a paintball gun... what would you be doing illegal with a silencer on your paintball gun? shooting marbles out your car window as you drive down mainstreet?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Snake6 Quote  Post ReplyReply Direct Link To This Post Posted: 22 June 2008 at 4:41pm
Originally posted by Hadrian Hadrian wrote:

They aren't actually illegal as any firearms enthusiast can tell you. However you just have to pay the US Government a $250 tax after getting approval from the ATF and your local law enforcement to possess one. Building one without a permit is also illegal and considered a federal felony.

Right on.

The reason why a silencer is illegal on a paintball marker is that if the silencer could ever be modified in any way shape or form to work on a real weapon it is considered a firearms suppressor. I know that several companies got raided in the 90's by the ATF for producing suppressors for paintball markers. Therefore Tippmann decided that there will be no discussion of this at all because your average paintball player does not have to resources to legally get a silencer.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote merc Quote  Post ReplyReply Direct Link To This Post Posted: 22 June 2008 at 7:13pm
any paintball gun silencer can be used to suppress the sound on real guns.

for MOST suppressors you would have to pay a 200$ tax and fill out an ATF form.

loophole.

ANY fixed barrel marker can have one as long is it is permanently affixed to the barrel. (sheridans or old pumps could have them welded or soldered to the barrel)

this is deemed ok because you would have to damage the paintball gun. the info is posted on the ATF website.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote a_sock Quote  Post ReplyReply Direct Link To This Post Posted: 23 June 2008 at 6:07am

Originally posted by merc merc wrote:


loophole.

ANY fixed barrel marker can have one as long is it is permanently affixed to the barrel. (sheridans or old pumps could have them welded or soldered to the barrel)

this is deemed ok because you would have to damage the paintball gun. the info is posted on the ATF website.

Or you could just weld it to the front tip of your two piece, and switch out front when you dont want to use it

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Snake6. Quote  Post ReplyReply Direct Link To This Post Posted: 23 June 2008 at 9:11am
Originally posted by a_sock a_sock wrote:

Originally posted by merc merc wrote:


loophole.

ANY fixed barrel marker can have one as long is it is permanently affixed to the barrel. (sheridans or old pumps could have them welded or soldered to the barrel)

this is deemed ok because you would have to damage the paintball gun. the info is posted on the ATF website.

Or you could just weld it to the front tip of your two piece, and switch out front when you dont want to use it

Nope, then it wouldn't be permanant. If you can take the silencer off the paintball marker without destroying the marker it is regulated by the BATF.


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Post Options Post Options   Thanks (0) Thanks(0)   Quote Hadrian Quote  Post ReplyReply Direct Link To This Post Posted: 23 June 2008 at 12:53pm
Originally posted by Snake6. Snake6. wrote:

Originally posted by a_sock a_sock wrote:

Originally posted by merc merc wrote:


loophole.

ANY fixed barrel marker can have one as long is it is permanently affixed to the barrel. (sheridans or old pumps could have them welded or soldered to the barrel)

this is deemed ok because you would have to damage the paintball gun. the info is posted on the ATF website.

Or you could just weld it to the front tip of your two piece, and switch out front when you dont want to use it

Nope, then it wouldn't be permanant. If you can take the silencer off the paintball marker without destroying the marker it is regulated by the BATF.



It isn't the destruction of the marker, but rather the destruction of the "silencer" in the removal process that deems it to be legal or illegal. If removal of the silencer from the marker would leave the silencer intact in any way that it could be possibly be modified to fit a firearm, it would be deemed illegal if you had not paid the transfer tax for it. The ATF doesn't care if you destroy your marker, removing the thing, they care if you destroy the silencer while removing it.

Just an FYI for everyone, there are no conventional weapons out there that are deemed as illegal under federal law. With the exception of Biological, Chemical, and Nuclear weapons, if someone makes it, you can own it so long as you have a clean record, don't mind un-announced searches of your home, and pay your taxes. The cases where the feds pull a bunch of "illegal" guns out of someone's home are misrepresented in the media all the time. The guns aren't illegal, it's the tax evasion that is illegal.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Rambino Quote  Post ReplyReply Direct Link To This Post Posted: 23 June 2008 at 1:02pm
That's not entirely correct.  To obtain a Class 3 firearms license, in addition to the stamp tax, you also need the approval of your local top law enforcement officer.  In many places this is automatic, but many sheriffs around the country simply do not allow Class 3 licenses, or are highly selective about them.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Hadrian Quote  Post ReplyReply Direct Link To This Post Posted: 23 June 2008 at 4:23pm
Originally posted by Rambino Rambino wrote:

That's not entirely correct.  To obtain a Class 3 firearms license, in addition to the stamp tax, you also need the approval of your local top law enforcement officer.  In many places this is automatic, but many sheriffs around the country simply do not allow Class 3 licenses, or are highly selective about them.


Originally posted by Hadrian Hadrian wrote:

They aren't actually illegal as any firearms enthusiast can tell you. However you just have to pay the US Government a $250 tax after getting approval from the ATF and your local law enforcement to possess one. Building one without a permit is also illegal and considered a federal felony.


Uhm... I covered that didn't I?

Incidentally you do not need a Class-III license to own a silencer. To sell one, yes, but to purchase/make one there are multiple other licenses with less restrictive regulations. For example, an individual with a Class-II license may manufacture/modify firearms including suppressors. There are some other legal loopholes. However many states have banned ownership of suppressors by individuals and if you lived in such a state, even with a FFL, you would not be able to own one.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Rambino Quote  Post ReplyReply Direct Link To This Post Posted: 23 June 2008 at 4:46pm

Originally posted by Hadrian Hadrian wrote:

 ... if someone makes it, you can own it so long as you have a clean record, don't mind un-announced searches of your home, and pay your taxes. The cases where the feds pull a bunch of "illegal" guns out of someone's home are misrepresented in the media all the time. The guns aren't illegal, it's the tax evasion that is illegal.

This is the part I was focusing on.  Owning a Class 3 firearm (including a silencer) is generally prohibited without a Class 3 license, and a Class 3 license requires approval from local law enforcement.

I wouldn't want to give the impression that your only problem if found to have an un-licensed Class 3 firearm is that you owe the government a stamp tax.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote merc Quote  Post ReplyReply Direct Link To This Post Posted: 24 June 2008 at 5:24pm
my understanding was if you made a suppressor or SBR for personal use it was a 200$ tax stamp and an ATF form. no class 3 required. buying/transferring of these items would require a class 3.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote evanmarcus Quote  Post ReplyReply Direct Link To This Post Posted: 01 September 2012 at 1:33am
No, because paintball guns are not a weapon in most places and accessories for them cant be.
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Holy necro-bump. 

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It would be interesting to see the first post that people made if they were archived.

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Edited by Mack - 04 September 2012 at 10:12am
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I used to use one in the 80's on my pump PMI 68 Magnum. As the guy stated, eveybody had them then. I see them on the field that I use all the time and no one even gives them a second glance. All that article says to me is this is just another way for the BATF to make money using scare tactics like labeling it a federal crime. Using one an an actual firearm it would prolly blow it to pieces the first shot since they're made of PCV plastic. As far as silencers go for an actual firearm, I could make one out of a plastic 2 litre Coke bottle or a motorcycle muffler. I think the BATF should charge a $200 deposit on Coke bottles and motorcycle mufflers as well lol. Sry......just a lil DRAGON satire there hee hee - 

Bottom line though, they are illegal - 
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