Criminal Defense » Penal code » Penal code 33410 computer - Possession of a Silencer » Penal code 33410 pc - Possession of a Silencer


Penal password 33410 computer is the California statute that renders it a crime because that a person, firm, or corporation to own a silencer.

You are watching: Are muzzle brakes legal in ca

1. Room silencers legitimate in California?

Penal password 33410 PCis the California state that makes it a crime for a person, firm, or copy, group to own a silencer.1

A “silencer” is a machine that to reduce the sound of a gun once the pistol is fired.

Possession” that a silencer typically way that a person is holding the or has actually immediate access to it.

2. Room there defenses come possession of a silencer?

If a person is accused of own a silencer, climate he can an obstacle the accusation by increasing a legitimate defense. A great defense can often get a charge lessened or even dismissed.

Three typical defenses are:

it wasn’t a silencer, the police did an unlawful search and also seizure, and/or the person is falsely accused.

2.1. No silencer

PC 33410only appliesto the possession the silencers. It does not apply to any other objects that may be offered with a pistol or other firearm. This method that it is constantly a valid legal defense because that an accused to show that while he may have possessed an item (e.g., a scope), the was no an unlawful silencer.

2.2. Unlawful search and also seizure

TheFourth Amendment to the U.S. Constitutiondeclares the we have the right to be complimentary from unreasonable “searches and seizures” by law enforcement. If authorities obtain evidence indigenous an unreasonable, or unlawful search and seizure, climate that evidence can gain excluded from a criminal case. This way that any type of charges in the situation could get diminished or also dismissed.

2.3. Falsely accused

Unfortunately, that is not at all unusual for civilization to acquire prosecuted based on false allegations. Human being get falsely accused out of

jealousy, revenge, and anger.

Thus, it is a precious defense for a defendant come say the a party falsely accused the of violating Penal code 33410.


A violation the this law can result in a fine and/or prison time

3.What can happen if a human being is convicted of 33410 PC?

A violation of computer 33410 is charged together afelony.

The crime is punishable by:

a maximum well of $10,000, and/or imprisonment in ar jail because that 16 months, 2 years, or 3 years.2

Please keep in mind that in lieu of jail time, a judge may award a defendant withfelony (or formal) probation.

4. Just how does this called to other California gun laws?

There space three crimes concerned possession that a silencer. These are:

pointing a laser limit at an additional person – computer 417.25, and prohibition concerning assault tools – pc 30600.

4.1. Possession of ammunition design to pass through armor or metal – pc 30315

Penal code 30315 computer is the California state that makes it a crime because that a person to possess any kind of handgun ammunition that is design to permeate armor or metal.3

A violation ofPC 30315is awobbleroffense, an interpretation that it have the right to be charged as either a misdemeanor or a felony depending on:

the facts of the case, and the criminal background of the accused.

If charged as a misdemeanor, the offense is punishable by imprisonment in the ar jail for approximately one year.4

If charged as a felony, the crime is punishable by imprisonment in the ar jail for up to three years.5

4.2. Pointing a laser border at an additional person – pc 417.25

Penal password 417.25is the California state that renders it a crime because that a human to allude a laser scope at one more person.6

Note that, perPC 417.25, the pointing should be do in a threatening manner.

A violation the this state is charged together a misdemeanor. The crime is punishable by imprisonment in the ar jail for approximately 30 days.7

4.3. Prohibition regarding assault weapons – pc 30600

Penal password 30600 PCis California’s law concerning assault weapons and .50 BMG (Browning device Gun) rifles. This section prohibits:

manufacturing, selling, giving away, lending, and/or possessing

assault weapons and BMG rifles, other than in very particular circumstances.8

If prosecutors convict a person of manufacturing, distributing, transporting, selling, giving away or lending attack weapons or .50 BMG rifles, the defendant faces a felony punishable through four, six, or eight years in the ar jail.9

Possession that an assault weapon, perPC 30600, is a wobbler, definition it deserve to be charged as either a misdemeanor or a felony.

See more: American Academy Of Pediatrics School Opening, Safe Schools During The Covid

If judge of misdemeanor possession that an assault weapon, a human being faces:

approximately one year in county jail, and also a maximum $1,000 fine.

If judge of felony possession that an attack weapon, an accused faces:

16 months, or 2 or 3 years in county jail and, a preferably $10,000 fine.10

On June 4, 2021, a federal judge i rejected California’s half on assault weapons top top the grounds the it violates the constitutional best to bear arms under the 2nd Amendment. But assault weapons remain illegal in California when the state appeals the ruling.