hi, i hope you can help me. last year i was charged with possessing a prohibited offensive weapon when a jimmy rigged homemade muzzle break was determined by the police to be a silencer. definately not a silencer, no baffles just a hollow tube. anyway on my way to trial soon and my laywer wants an expert witness. to use his would cost me $10,000 which i definately do not have after paying him 6,000. i have been having an incredibly hard time even getting started trying to find this expert. i am in pittsburgh, pa. "GO STEELERS" if anyone could hepl with some direction about where to find my expert i would greatly appreciate it. thank you all very much. Geoff.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Help. muzzle break:suppressor legal problems
- Thread starter g1craych
- Start date
PsychoSword
Moderator
Just goes to show you can pay your way out of anything. There's probably somebody in that area that would happy to be an "expert witness" for you provided you tell them a few more details about your case. Try posting on www.thehighroad.org also and see if there's anybody there that could help you in your area.
Does the tube have a closed or restricted front end?
If it does, then you arguably did make a suppresor, albeit a single chamber model. In that case you're going to need some serious help.
However, if there is a question, call the ATF technology branch and see how they would mechanically define a suppressor. If they support your view, get a name and subpeona that ATF employee. 'Free' expert witness.
If all else fails, request that the police fire the gun with the device on and off, recording the decibel level. The ATF may have a definition of suppression based on sound levels, as well.
If it does, then you arguably did make a suppresor, albeit a single chamber model. In that case you're going to need some serious help.
However, if there is a question, call the ATF technology branch and see how they would mechanically define a suppressor. If they support your view, get a name and subpeona that ATF employee. 'Free' expert witness.
If all else fails, request that the police fire the gun with the device on and off, recording the decibel level. The ATF may have a definition of suppression based on sound levels, as well.
PsychoSword
Moderator
I think you're gonna be in pretty good shape legally speaking if it is in fact a muzzle break. The gun will be louder with it attached. Boy those lawyers got a good thing going don't they. Did I mention that the legal system is a joke, there is no justice and that most lawyers should be *bleep*
Lord_Nikon
New member
BATF has no definition based on dB level.
TitleII.com said:Technology Branch 202-927-7910
This is the office that makes all determinations as to whether something falls into one of the NFA categories, as well as determinations as to importability, and many other technical issues to things regulated by ATF (at least as to firearms).
ATF can determine whether or not the device decreases the sound level of the discharge. The actual dB doesn't matter.
You might suggest to your lawyer that since federal guidelines define what is and is not a sound suppressor and ATF interprets the law and creates "rulings" based on their interpretation, that your "muzzle break" be submitted to them for evaluation. He can argue to the judge that no one on the local PD is qualified to make such a determination. It is unlikely they have an suppressor "expert" on the force.
Of course, this is betting your freedom that ATF is honest in their evaluation.
An alternative is to locate some relatively close suppressor manufacturers and give them a call to see if they would be willing to help you out.
You might suggest to your lawyer that since federal guidelines define what is and is not a sound suppressor and ATF interprets the law and creates "rulings" based on their interpretation, that your "muzzle break" be submitted to them for evaluation. He can argue to the judge that no one on the local PD is qualified to make such a determination. It is unlikely they have an suppressor "expert" on the force.
Of course, this is betting your freedom that ATF is honest in their evaluation.
An alternative is to locate some relatively close suppressor manufacturers and give them a call to see if they would be willing to help you out.
That's why I suggested a call and 20 questions first. If your inquiring about a project in the future, they can outline what is legal or not. If it is clear-cut, they can send you a letter stating that a. and b. are legal, which you can go show the DA, and hopefully stop things in their tracks.Of course, this is betting your freedom that ATF is honest in their evaluation.
All of this hinges, of course, on your little project NOT being a crude suppressor, intended or not. You have to wonder if a $10,000 witness is going to be able to argue that it isn't if the DA has an ATF guy saying it is. Two can play the expert witness game.