Penal Code § 33410 PC – Possession of a Silencer – California Law

Silencers are illegal in California. Penal Code § 33410 PC makes it illegal for a person, firm, or corporation to have possession of a silencer. A conviction is a felony punishable by up to 3 years in jail or prison.

The language of the code section states that:

33410. 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.

Note that a “silencer” is a device that reduces the sound of a gun when the gun is fired.

Examples of illegal acts under this code section include:

• Jill agrees to store her boyfriend’s gun collection, including a silencer handgun in her apartment.
• Juan owns a business and buys a firearm with a silencer in the company’s name and stores it at his house.
• Darnell goes to a concert with a 9mm pistol and a silencer in his backpack.

Defenses

Luckily, there are several legal defenses that you can raise if accused of a crime under this section These include showing that you:

1. the device was not really a silencer;
2. the device did not belong to you; and/or
3. the police found the device by way of an illegal search and seizure.

Penalties

A violation of PC 33410 is charged as a felony (as opposed to an infraction or a misdemeanor).

The crime is punishable by:

• a maximum fine of $10,000, and/or
• imprisonment in county jail for 16 months, two years, or three years.

Please note that a judge may award you felony (or formal) probation in place of jail time.

Our California criminal defense attorneys will explain the following about California’s gun laws:

• 1. Are silencers legal in California?
• 2. Are there defenses to possession of a silencer?
  • 2.1 No silencer
  • 2.2 Did not belong to you
  • 2.3 Unlawful search and seizure
• 3. What can happen if I am convicted of 33410 PC?
• 4. How does this relate to other California gun laws?

1. Are silencers legal in California?

Silencers are prohibited in California, aligning with the state’s stringent gun laws. Indeed, under Penal Code 33410 PC, not only is it illegal to use a silencer. But mere possession of a silencer is considered a felony offense. ¹

A “silencer” is a device that reduces the sound of a gun when the gun is fired.

“Possession” of a silencer typically means that you are holding it or have immediate access to it.

2. Are there defenses to possession of a silencer?

If you are accused of possessing a silencer, then you can challenge the accusation by raising a legal defense. A good defense can often get a charge reduced or even dismissed.

Three common defenses are:

1. the device was not really a silencer;
2. the device did not belong to you; and/or
3. the police found the device by way of an illegal search and seizure.

2.1. No silencer

PC 33410 only applies to the possession of silencers. It does not apply to any other objects that may be used with a pistol or other firearm. This means that it is always a valid legal defense to show that while you may have possessed an object (such as a scope), it was not an unlawful silencer.

2.2. Did not belong to you

You cannot be convicted of possessing a silencer if you had no knowledge that the silencer was there. For example, if your roommate kept a silencer in their bed table without your knowledge, you had no possession of the silencer.

2.3. Unlawful search and seizure

The Fourth Amendment to the U.S. Constitution declares that we have the right to be free from unreasonable “searches and seizures” by law enforcement. If authorities obtain evidence from an unreasonable, or unlawful search and seizure, then that evidence can get excluded from a criminal case. This means that any charges in the case could get reduced or even dismissed.

3. What can happen if I am convicted of 33410 PC?

A violation of PC 33410 is charged as a felony.

The crime is punishable by:

• a maximum fine of $10,000, and/or
• imprisonment in county jail for 16 months, two years, or three years.²

Please note that in lieu of jail time, a judge may award you with felony (or formal) probation.

4. How does this relate to other California gun laws?

There are three crimes related to the possession of a silencer. These are:

1. possession of ammunition designed to penetrate armor or metal – PC 30315,
2. pointing a laser scope at another person – PC 417.25, and
3. prohibition regarding assault weapons – PC 30600.

Possession of ammunition designed to penetrate armor or metal – PC 30315

Penal Code 30315 PC is the California statute that makes it a crime to possess any handgun ammunition that is designed to penetrate armor or metal.³

A violation of PC 30315 is a wobbler offense, meaning that it can be charged as either a misdemeanor or a felony depending on:

• the facts of the case, and
• your criminal history.

If charged as a misdemeanor, the offense is punishable by imprisonment in the county jail for up to one year.⁴

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

Pointing a laser scope at another person – PC 417.25

Penal Code 417.25 is the California statute that makes it a crime to point a laser scope at another person.⁶

Note that, per PC 417.25, the pointing must be made in a threatening manner.

A violation of this statute is charged as a misdemeanor. The crime is punishable by imprisonment in the county jail for up to 30 days.⁷

Prohibition regarding assault weapons – PC 30600

Penal Code 30600 PC is California’s law regarding assault weapons and .50 BMG (Browning Machine Gun) rifles. This section prohibits:

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

assault weapons and BMG rifles, except in very specific circumstances.⁸

If prosecutors convict you of manufacturing, distributing, transporting, selling, giving away or lending assault weapons or .50 BMG rifles, you face a felony punishable by four, six, or eight years in the county jail.⁹

Possession of an assault weapon, per PC 30600, is a wobbler, meaning it can be charged as either a misdemeanor or a felony.

If convicted of misdemeanor possession of an assault weapon, you face:

• up to one year in county jail, and
• a maximum $1,000 fine.

If convicted of felony possession of an assault weapon, you face:

• 16 months, or two or three years in county jail and,
• a maximum $10,000 fine.¹⁰

On June 4, 2021, a federal judge overturned California’s ban on assault weapons on the grounds that it violates the constitutional right to bear arms under the Second Amendment. However, assault weapons remain illegal in California while the state appeals the ruling.

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