Penal Code 33410 PC | Possession of a Silencer

Possession of a Silencer in California – Penal Code 33410 PC

In California, it is illegal for any person, firm or corporation to possess a silencer, also known as a suppressor. This is codified in California Penal Code 33410 PC, which states:

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 ten thousand dollars ($10,000), or by both that fine and imprisonment.

This article will provide an overview of the law regarding possession of silencers in California, including:

• What constitutes a silencer under the law
• What constitutes possession of a silencer
• Exceptions to the law
• Defenses that may apply
• Penalties for conviction
• Related laws

We’ll also discuss the controversy around silencer laws and the arguments for and against restricting silencer possession.

What Constitutes Possession of a Silencer?

Under California law, possession refers to having physical control over an item or having the right to control an item. There are two types of possession recognized in the law:

Actual possession – When someone has direct physical control over an item. For example, holding a silencer in your hand or carrying it in a bag would constitute actual possession.

Constructive possession – When someone has the right of control over an item, even if they do not have direct physical control. For example, storing a silencer in a safe in your home constitutes constructive possession, even if you are not physically holding the silencer.

Both actual and constructive possession are illegal under PC 33410. You do not need to have the silencer attached to a firearm to be charged with illegal possession. Simply having access to or control over a silencer is enough.

Exceptions to California’s Silencer Law

There are a few exceptions to the prohibition on silencer possession in California:

• Law enforcement agencies – Silencers can be legally possessed by law enforcement agencies listed in Penal Code Section 830.1 for use in their official duties. This includes city police departments, county sheriff’s offices, the California Highway Patrol, and more.
• Military agencies – Military forces of California and the United States can legally possess silencers for use in their official duties.
• Manufacturers & dealers – Licensed manufacturers and dealers can legally produce, transport and transfer silencers to authorized law enforcement and military agencies under federal regulations.

Outside of these exceptions, silencer possession in California is a felony offense.

Defenses to Silencer Possession Charges

There are several legal defenses that could potentially beat silencer possession charges:

• Lack of possession – If you can show you never actually or constructively possessed the silencer, this could defeat the charges. For example, if a silencer was left at your house by someone else without your knowledge.
• Misidentified object – If the alleged “silencer” was actually something else like a flashlight or scope, this could show you never possessed an illegal silencer.
• Authorized possession – If you possessed the silencer under one of the legal exceptions, such as a law enforcement officer possessing a silencer for duty use.
• Unlawful search – If police found the silencer through an illegal search, the evidence may be suppressed.
• Entrapment – If you were induced by police to acquire the silencer, when you otherwise wouldn’t have.

A skilled criminal defense lawyer can evaluate the specifics of your case and determine if any of these defenses apply.

Penalties for Silencer Possession in California

Possession of a silencer is a felony offense in California. Potential penalties include:

• Up to 3 years in California state prison
• Up to a $10,000 fine
• Both imprisonment and a fine

Instead of imprisonment, a judge has the discretion to order felony probation. The probation period would be 3-5 years.

Possession of a silencer is a “wobbler” offense, meaning it can be charged as either a felony or misdemeanor. However, prosecutors almost always charge it as a felony due to the seriousness.

A silencer possession conviction remains on your criminal record permanently as a felony. It will also result in a 10-year prohibition on firearms possession under federal law.