What is a Silencer?
A silencer (also referred to as a suppressor) is any device designed, made, or adapted to muffle, quiet, or reduce the sound of a firearm when it is fired. Silencers can take various forms, from detachable accessories that fit onto the barrel of a gun to integral suppressors built into the firearm itself.
Even partial or incomplete devices, as well as parts intended for assembly into a silencer, can fall under this definition.
In California, possession of such a device is strictly prohibited under Penal Code Section 33410, regardless of whether it is functional, and violations can lead to serious criminal charges. For more information, contact our Los Angeles weapons charges lawyers now.
Results of a PC 33410 Conviction in Los Angeles
The court treats PC 33410 as a felony. This means that individuals face very serious penalties upon conviction. Penalties for a PC 33410 conviction include:
- Fines of up to $10,000
- Incarceration of up to three years
- Formal probation
How Probation Works in California
You may be able to receive probation if you are convicted of possessing a silencer. Probation allows individuals in California to remain out of jail after a conviction. However, you are not free to do whatever you’d like while on probation.
Individuals have to obey certain regulations set down by the court after a conviction. Those who do not adhere to these rules will violate their probation. Probation violations are treated very seriously in the court system. A probation violation can result in the court:
- Extending the time you’re on probation
- Adding new regulations to your probation
- Revoking probation and sending you to jail
Fight these charges with Simmrin Law Group, and you may be able to avoid the penalties for a PC 33410 conviction.
Defenses for the Possession of a Silencer in California
We can help you build a defense if you are accused of possessing a silencer. Members of our team know how to handle PC 33410 charges using one of the following defenses, so contact us today.
You Did Not Have a Silencer
PC 33410 charges relate only to the possession of a silencer. For example, you should not face PC 33410 charges if you had a firearm with a scope attached. In this situation, your lawyer could argue that you did not have constructive or actual possession of a silencer.
You Were Subjected to an Unlawful Search and Seizure
Police officers must respect your constitutional rights. If the police performed a search on your person or property without the correct warrants, your lawyer could work to block the evidence they gathered.
Blocking this evidence could help you avoid a conviction. In some cases, your attorney might be able to get the charges against you thrown out entirely.
You Were Falsely Accused
A witness may have falsely accused you of possessing a firearm. False accusations occur for a variety of reasons. Sometimes, the falsely accused look similar to the actual perpetrators of a crime.
Other times, the witness may have seen the accused around the same time they saw the offender and got mixed up.
In some instances, the accuser has something against the accused and will identify them as the guilty party. In some of these cases, the accuser not only misidentifies the guilty party on purpose, but in fact, no crime was actually committed at all.
What to Do if You are Accused of Possessing a Silencer
Being accused of possessing a silencer under California Penal Code 33410 PC is a serious matter that can carry severe criminal penalties, including county jail, felony probation, and fines.
Acting quickly and carefully is essential to protect your rights, especially given the complicated interplay of state and federal gun laws.
- Do not speak to law enforcement without a lawyer: Anything you say can be used against you in a gun case or other California firearm offenses.
- Contact experienced criminal defense lawyers immediately: Legal counsel familiar with California Penal Code 33410, suppressor laws, and Second Amendment rights can guide your defense.
- Preserve evidence and avoid tampering: Do not move or alter any firearm attachments, silencers, or related items, as this can lead to constructive possession or additional criminal charges.
- Understand potential consequences: Violations can result in county jail, felony probation, community service, victim restitution, electronic monitoring, or house arrest under PC 33410 and related statutes.
- Review search and seizure issues: An illegal search or seizure could be challenged under the Fourth Amendment, potentially impacting your case.
- Consider federal law implications: Possession of a silencer may also involve federal regulations, such as NFA trust requirements or out-of-state ownership restrictions.
- Seek legal action promptly: Early intervention by a skilled criminal defense lawyer in Los Angeles can help protect your Second Amendment rights and minimize penalties.
Lawful Possession of a Silencer
Under California Penal Code Section 33410 PC, possession of a firearm silencer is generally prohibited, but some exceptions exist. Law enforcement agencies, military branches, and companies authorized to manufacture silencers for official use may legally possess them.
Their possession must be tied to official duties, such as tactical operations or firearms training, and comply with federal approval and California gun laws. Even authorized individuals can face criminal charges under PC 33410 or related statutes if possession extends beyond official capacity.
Limits on Possession for Authorized Individuals
Authorized individuals must follow strict rules. Possession becomes illegal if the silencer is kept for personal use, stored improperly, or transferred without proper firearm permits or an NFA trust.
Violations can lead to criminal charges, including felony probation, community service, victim restitution, or time in county jail, and may intersect with other California firearm offenses, such as Penal Code 32310 or Penal Code 417.
California criminal defense lawyers often handle these complicated cases involving suppressor laws, Second Amendment rights, and illegal search and seizure issues.
Types of Silencer Possession in the State of California
There are two primary types of “possession” in California. Individuals in Los Angeles can face criminal charges if accused of either kind of possession. Depending on the situation, the court uses PC 33410 charges to prosecute this crime as either actual possession or constructive possession.
Actual Possession of a Silencer
Some individuals face PC 33410 charges for the actual possession of a silencer. Actual possession means an individual has the silencer on their person or within easy reach. For example, someone would have “actual possession” of a silencer if the item was in a backpack they were wearing.
Constructive Possession of a Silencer
Constructive possession can occur even if you do not have a silencer on your person. For example, an individual who keeps a silencer in a gun case in their home would have constructive possession of the item.
If you have been accused of possessing a silencer by law enforcement, you still have rights. Schedule a free consultation with Simmrin Law Group to discuss your legal options.
Talk to Simmrin Law Group About Penal Code 33410 Charges Today
Find out more about fighting California Penal Code Section 33410: Possession of a Silencer right now by scheduling a free weapons charge consultation with Simmrin Law Group. Our team will discuss your situation when you call us or fill out our online contact form.
Contact a Los Angeles weapons charges lawyer from Simmrin Law Group today to begin building your defense. For more information about criminal defense and criminal charges, visit our helpful FAQ page.