How-To: Silence that Flatline!

[SWATORNOT]

Very good points Kreeper, However, Here is the full detail on the ATF ruling for paintball Silencers...

(A9) Q. Are Paintball and/or Airgun Sound Suppressers legal? [Back]

A. §921(a)(24) The terms "firearm silencer" and "firearm muffler" mean any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication.

Numerous paintball silencers tested by the Firearms Technology Branch have been determined to be, by nature of their design and function, firearm silencers as defined in 18 U.S.C., Section 921(a)(24). An individual wishing to manufacturer a firearm silencer must receive prior approval from ATF by submitting an ATF Form 1 and paying a $200 making tax.

There is also a case pending in Pennsylvania to overturn the ruling of a paintball marker being classified as a firearam.


Also, the barrel is not "permenant" only because of the barrel adapter. If the ATF looked at this design and looked at its application specificially I am positive they would not classify this modification as a firearms silencer (however under current ruling the paintball marker is still considered a firearm) If previously mentioned Pennsylvania case does overturn the rulling on the current classification of a paitnball marker then we can surely see some clearer and more relaxed regulations on our sport..

[Kreeper X]

SWATORNOT: That's the old info.

Here's the recently updated ATF stance on Silencers for paintball markers.

www.atf.gov/alcohol/info/revrule/rules/atf_ruling2005-4.pdf

Certain integral devices intended to diminish the report of paintball guns are not “firearm silencers” or “firearm mufflers” under the Gun Control Act of 1968 or the National Firearms Act.

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has received requests from manufacturers of paintball guns for evaluation and classification of integral devices intended to diminish the report of a paintball gun. Specifically, the manufacturers have asked whether the device would be considered a “silencer” as defined in the Gun Control Act of 1968 (GCA), 18 U.S.C. Chapter 44, and the National Firearms Act (NFA), 26 U.S.C. Chapter 53.

The sample submitted is a paintball gun with a ported device attached to the barrel. The paintball gun uses compressed air to expel a projectile. The paintball gun has a barrel with a smooth bore 12 1/4 inches long and 1 inch in diameter. The barrel is permanently welded to the paintball gun. The section of the barrel that the device is attached to has an internal diameter of .68 inches and is ported with 20 openings. Ten of the openings are rectangular in shape and are approximately .430 inches wide and 1 inch in length. The other 10 openings are oval in shape and approximately .25 inches wide and 1 inch in length. Two end caps, each with a diameter of 1.5 inches, are permanently welded to the barrel at either end of the ported section of the barrel. A section of plastic tube approximately 8 inches in length and 2 inches in diameter covers the ported section of the barrel. It is attached by sliding over the paintball gun barrel and is held in place by two rubber “O” rings that are affixed to metal bushings.

These metal bushings are permanently welded to the barrel, one toward the rear and one at the muzzle end of the barrel. The plastic tube, however, can be removed.

To determine whether the ported barrel and outer sleeve would function as a silencer, it was removed by cutting with a hack saw. A threaded adaptor with tape wrapped around it was utilized so the device could be attached to a .22 caliber Ruger Mark II pistol. With the device attached, a sound meter test was performed, with five shots being fired with the device attached and five shots fired without the device attached. The testing indicated that the attachment of the device resulted in a 7.98-decibel sound reduction.

The GCA defines the term “firearm” as: (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm. 18 U.S.C. 921(a)(3)(C).

The definition of “firearm silencer” and “firearm muffler” in 18 U.S.C. 921(a)(24) provides as follows: The terms “firearm silencer” and “firearm muffler” mean any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication.

The NFA defines the term “firearm” to include any silencer as defined in section 921 of the GCA. 26 U.S.C. 5845(a)(7).

The term “make” is defined in the NFA to include manufacturing, putting together, altering, any combination of these, or otherwise producing a firearm. 26 U.S.C. 5845(i).

The paintball gun examined by ATF is not a “firearm” as defined, because it does not, is not designed to, and may not be readily converted to expel a projectile by the action of an explosive and does not utilize the frame or receiver of a firearm.

The sole issue presented is whether the ported barrel and outer sleeve are a firearm muffler or firearm silencer as defined in the GCA and NFA.

The design characteristics of the ported barrel and outer sleeve are similar to those of conventional commercial silencers. The barrel is ported to allow the escape of gases from a fired round and the outer sleeve dampens or muffles the sound when a round is fired. Moreover, the sound meter test indicates a reduction of 7.98 decibels when the ported barrel and sleeve were attached to a .22 caliber pistol, which is consistent with the sound reduction resulting from the use of commercial silencers.

Noteworthy, the definition of “firearm silencer” and “firearm muffler” requires that the device be one for diminishing the report of a portable firearm. The device under consideration is permanently attached to and an integral part of a paintball gun, which is not a firearm as defined in the GCA or NFA. The device cannot be removed from the paintball gun without destroying the barrel and rendering the paintball gun unusable. Under these circumstances, the integral device is not a firearm muffler or firearm silencer.

However, once the device is cut from the paintball gun, it can be used to diminish the report of a firearm. As stated previously, the design characteristics of the device are consistent with those of commercial silencers, and testing indicates that the device functions to reduce the report of the firearm. Moreover, removal of the device from the paintball gun indicates some intention to utilize the device for something other than reducing the report of the paintball gun. Because the device will no longer be permanently attached to an unregulated item, and because of its silencer design characteristics, removal will result in the making of a silencer under the NFA and GCA.

This is consistent with the definition of “make” in the NFA, as removal of the device results in production of a silencer.

Making of a silencer by an unlicensed person for personal use does not require any license or notification to ATF under the GCA. However, under the NFA the making of a silencer must be approved in advance by ATF. Unlicensed persons must file an ATF Form 1, Application to Make a Firearm, pay a $200 making tax, and comply with all other provisions of the law prior to making the firearm.
Approval of the Form 1 results in registration of the silencer to the maker.

Subsequent transfers of the registered silencer must be approved in advance by ATF. Possession of a silencer not registered to the possessor, and a making or transfer that does not comply with the NFA and regulations are punishable by imprisonment for up to 10 years, a fine of $250,000, or both.

Held, a device for an unregulated paintball gun, having a permanently affixed, integral ported barrel and other components, that functions to reduce the report of the paintball gun is not a “firearm silencer” or “firearm muffler” as defined, as the device is not one for diminishing the report of a portable firearm.

Held further, removal of the permanently affixed ported barrel and other components from a paintball gun is a “making” of a silencer under the GCA and NFA that requires advance approval from ATF.

Date approved: October 12, 2005
Signed by:
Carl J. Truscott
Director

[SWATORNOT]

kreeperx said:

SWATORNOT: That's the old info.

Thanks for the Updated versions

kreeperx said:

The sample submitted is a paintball gun with a ported device attached to the barrel...

...The section of the barrel that the device is attached to has an internal diameter of .68 inches and is ported with 20 openings.

This is all well and good, however you missed a couple "key" factors in the posted information, the above quoted sentences would be a great starting point.

Notice how the design specifically notes "ported device attached to the barrel." The Modification design in this thread is not similar to said tested silencer. The simple design of this modification and the design of the shroud really would not allow a person to transfer the shroud to a firearm without modifying said shroud.

Again let us look into the design a bit more...

kreeperx said:

A section of plastic tube approximately 8 inches in length and 2 inches in diameter covers the ported section of the barrel. It is attached by sliding over the paintball gun barrel and is held in place by two rubber “O” rings that are affixed to metal bushings....
...These metal bushings are permanently welded to the barrel, one toward the rear and one at the muzzle end of the barrel. The plastic tube, however, can be removed.

In no shape or form is this modification similar to the tested product.
A.) The Flatline shroud is held in place by Allen screws and two end caps. Without the end caps the shroud is usless.
Sure you could modify the end caps to work on a firearm like the ATF did in this test...

kreeperx said:

To determine whether the ported barrel and outer sleeve would function as a silencer, it was removed by cutting with a hack saw. A threaded adaptor with tape wrapped around it was utilized so the device could be attached to a .22 caliber Ruger Mark II pistol.

But now that you have done this modification you fall into this category...of course the ATF does not for the sole purpose of research....

kreeperx said:

The term “make” is defined in the NFA to include manufacturing, putting together, altering, any combination of these

Now if the person was to modify the shroud to fit just as the ATF did with the test silencer onto a .22 rifle (A Firearm) then they would be held liable, and responsible for the making of a illegal silencer.

kreeperx said:

This is consistent with the definition of “make” in the NFA, as removal of the device results in production of a silencer.

Now the above states that if you were to remove the shroud from the mod listed in this thread and altered it you would be considered to be making a Silencer.

kreeperx said:

Noteworthy, the definition of “firearm silencer” and “firearm muffler” requires that the device be one for diminishing the report of a portable firearm.

Again please look at the definition of the silencer itself. This plainly states that it "requires the device be one for diminishing the report of a portable firearm."

I will break this down for you guys....

First part... "device be one for"
Key word is "for", That right there states the silencer is/was intended for use on a firearm.

Second part... "diminishing the report of a portable firearm."
That states what we all know currently, the paintball marker according to the ATF is NOT a firearm.

kreeperx said:

The paintball gun examined by ATF is not a “firearm” as defined, because it does not, is not designed to, and may not be readily converted to expel a projectile by the action of an explosive and does not utilize the frame or receiver of a firearm.

It does not matter what brand or make of paintball marker the ATF tested for the above statement because they all operate the same way.


All in all this is all great information but it really calls for closer examination of the context. As with any law you can interprut them in different ways just as I have done with this one. I do not intend to offend or "disprove" anybody here but just feel facts and interprutations need to be made.

[firemedic]

This basically boils down to INTERPRETATION. I could argue everthing anybody has said. If an Officer/Agent is running around the field testing markers, inspecting markers then they either have a vendetta against that person or the sport. If you are pulled over and don't have it stored in a bag, box etc. you are asking for trouble. Everyone ease up you are responsible for your own actions and up to develope your "view" of the law.

[Kreeper X]

Since you missed the MOST IMPORTANT PARTS of the ATF ruling, here they are, with some added highlights:

The definition of “firearm silencer” and “firearm muffler” in 18 U.S.C. 921(a)(24) provides as follows: The terms “firearm silencer” and “firearm muffler” mean any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication.

The sole issue presented is whether the ported barrel and outer sleeve are a firearm muffler or firearm silencer as defined in the GCA and NFA.

The design characteristics of the ported barrel and outer sleeve are similar to those of conventional commercial silencers. The barrel is ported to allow the escape of gases from a fired round and the outer sleeve dampens or muffles the sound when a round is fired. Moreover, the sound meter test indicates a reduction of 7.98 decibels when the ported barrel and sleeve were attached to a .22 caliber pistol, which is consistent with the sound reduction resulting from the use of commercial silencers.

The device under consideration is permanently attached to and an integral part of a paintball gun, which is not a firearm as defined in the GCA or NFA. The device cannot be removed from the paintball gun without destroying the barrel and rendering the paintball gun unusable. Under these circumstances, the integral device is not a firearm muffler or firearm silencer.

However, once the device is cut from the paintball gun, it can be used to diminish the report of a firearm. As stated previously, the design characteristics of the device are consistent with those of commercial silencers, and testing indicates that the device functions to reduce the report of the firearm. Moreover, removal of the device from the paintball gun indicates some intention to utilize the device for something other than reducing the report of the paintball gun. Because the device will no longer be permanently attached to an unregulated item, and because of its silencer design characteristics, removal will result in the making of a silencer under the NFA and GCA.

Held, a device for an unregulated paintball gun, having a permanently affixed, integral ported barrel and other components, that functions to reduce the report of the paintball gun is not a “firearm silencer” or “firearm muffler” as defined, as the device is not one for diminishing the report of a portable firearm.

Held further, removal of the permanently affixed ported barrel and other components from a paintball gun is a “making” of a silencer under the GCA and NFA that requires advance approval from ATF.

The Ruling is rather specific. If the device is integral to the design of the marker (i.e. it's perminantly attached to the barrel) and it is not removable (i.e. the silencer and the barrel are both perminantly attached to the marker) then it's legal.

Where the illegality comes into play is when either of the the devices (silencer or barrel) can be removed from the marker (or the barrel). Since paintball silencers are basically designed in the same fashion as firearm silencers, they CAN be used as a firearm silencer, and since these designs are similar, they function to reduce the report of an actual firearm. That means that even if it's not on a firearm and is installed on a marker, it's still a firearm silencers by definition.

In essence, what's being said here is that If it's perminantly attached to the barrel and the barrel is perminantly attached to the marker, then you're cool.

If either are removable, then you're not.

[SWATORNOT]

kreeperx said:

Since you missed the MOST IMPORTANT PARTS of the ATF ruling, here they are, with some added highlights

I got them Kreeper...Quite clearly actually.

The issue here is the regulations stand on the basis of a firearm, a paintball marker has been ruled out as a firearm. Starting here with the very base of the ruling sets these regulations into a gray area whether anybody will admit to it or not. The laws are open for interpretation and people who understand how to interpret them to work for them or against them are the ones who have set presedence for change.

Seriously read the following and really think about what it says and not what you want it to say....

kreeperx said:

The definition of “firearm silencer” and “firearm muffler” in 18 U.S.C. 921(a)(24) provides as follows: The terms “firearm silencer” and “firearm muffler” mean any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication.

Let me focus on this main part;

"The terms “firearm silencer” and “firearm muffler” mean any device for silencing, muffling, or diminishing the report of a portable firearm..."

That says specifically the silencer/muffler is being used for a Firearm. Well obviously the modification to silence the flatline barrel is not for use on a firearm, simply because it is intended for a paintball marker which has been cleared of a "firearms" status.

Now the second part of the above statement;

...including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication.

Your attention should be immediately be drawn to the following part; "and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication."

That plainly states that the silencer or muffler is intended for use on a firearm. Without modifying the Flatline modification you can't possibly use it on a firearm, and if you did then you are classified as making a firearm silencer which is not legal.

How is this modification legal then?

Simple, you are not intentionally making a firearm silencer, and in order for this modification to be used on a firearm the modification itself would need to be altered in some way in order to work, which, you cannot do legally.

[firemedic]

Just to mix it up.... The C3 is technically a firearm. Thus you could not silence it. I feel at this pt. you both are correct in your INTERPRETATIONS of the law. It is ultimately up to ea. person. Canlt we all just get along?!?!?!?

[snake13]

The only thing that makes this mod possibly legal is the fact its dubious whether a real firearm could fire down the curved flatline barrel, if it can its illegal, and there really isn't any wiggleroom.

On the plus side, this type of silencer is virtually undetectable since from the outside it looks like the normal run of the mill flatline shroud.

[Medina]

So I guess the only way around "the man" is to weld the barrel and silencer to the gun.

All this trouble and work just to silence the gas escaping from the barrel... You still can't change the sound signature of the internals.

[SWATORNOT]

hartigan said:

So I guess the only way around "the man" is to weld the barrel and silencer to the gun.

All this trouble and work just to silence the gas escaping from the barrel... You still can't change the sound signature of the internals.

Not really, Like I had posted previously you really need to take the time to read and understand the law. The regulation has gray areas which would allow plenty of wiggle room if you will.

The basis of the regulation is on the standard of a firearm and refers to them frequently. The paintball marker has been cleared of the firearm category.

More specifically the regulation states that said silencer is "intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication."
"

Pretty clear as to the purpose the silencer serves in this modification.

[Kreeper X]

I think the easiest way to look at this ruling is this:

1. Most paintball silencers are built and designed in a similar manner to firearm silencers, and as such they have been shown to work to reduce the report of a firearm when they are used for purposes other than those involving paintballs.

2. Paintball silencers are firearm silencers when removed from a paintball marker and placed on a firearm.

3. So long as the silencer is a perminant piece of the barrel and the barrel is a perminant piece of the marker, then you are will within the limits of the law.

What this basically means is that no one is going to stop you from using one of these on a paintball marker. But the law is recognizing that the potential exists for these devices to be used for "real-world" purposes.

I.e. If it's not a perminant and integral part of the marker in question, being caught with one COULD cause you some problems.

It's sorta like a cat, a pillow or a potato. It's all good until you try and use it to silence the sound of you putting a bullet in the neighbor. Then it becomes a silencer and that means trouble.

[SWATORNOT]

kreeperx said:

2. Paintball silencers are firearm silencers when removed from a paintball marker and placed on a firearm.

3. So long as the silencer is a perminant piece of the barrel and the barrel is a perminant piece of the marker, then you are will within the limits of the law.

Those are the only two things I want to comment on with that last post Kreeper...

First of all you are correct on the first statement, simply because the silencer is obviously being used for a firearm then it can be considered a firearm silencer.

Secondly, the paintball silencer does not neccesarily HAVE to be perminently affixed to said marker. They do mention in the regulations that;

Held, a device for an unregulated paintball gun, having a permanently affixed, integral ported barrel and other components, that functions to reduce the report of the paintball gun is not a “firearm silencer” or “firearm muffler” as defined, as the device is not one for diminishing the report of a portable firearm.

But that statement contradicts the previous rulings of the regulations that plainly states that;

The definition of “firearm silencer” and “firearm muffler” in 18 U.S.C. 921(a)(24) provides as follows: The terms “firearm silencer” and “firearm muffler” mean any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication.

That is why there is so much "gray area" in this regulation and people are able to work around it or use this to their advantage.

[Kreeper X]

I gotcah Swat, really I do. But this update is meant to clearify previous statements and regulation in the face of the ever present "Is this paintball silencer a firearm silencer."

The answer is a resounding yes. By the ATFs only conclusion, the design is similar, the function is similar and the end result is that they CAN be used to silence a firearm. This is why they specifically say in the update that since the silncer is a integral part of the marker (I.e. it is attached to the barrel which is in turn perminantly attached to the marker) that it is NOT a firearm silencer.

Notice that they also say that once it is removed, it becomes an illegal device.

The implication is that if it can be used, then it's illegal unless it is an integral part of the marker in question.

This ruling makes it a bit clearer than it was before in that they lay out guidlines for the legal use and creation of silencers for paintball markers. Until the ATF rules that a silencer that can easily be removed from the marker is legal, it remains illegal.

[SWATORNOT]

You are correct, but if a person such as myself or any other well versed person on law were to fight this (should legal action pursue) then the ATF would need to make more changes and MUCH clearer worded regulations then they currently have now. As I have been saying there is just too much gray area for people to work around it and possibly even get by.

[Kreeper X]

Agreed. Previously they had simply said that by definition paintball silencers were considered firearm silencer.

This ruling provides a little more wiggle room, while still allowing the ATF to claim that any device used (or capable by design) to silence a firearm is illegal.

Is the ATF going to break your door down if you have a paintball marker silencer? No.

Is the creation of a device capable of silencing a firearm illegal? Yes.

Is a paintball silencer a firearm silencer? Yes. By definition as laid out by the law enforcement arm tasked with enforcement. So anyone making one would technically be in violation of the law without getting the license or paying the tax.

Keep that in mind. One thing that you don't want to do is tangle with a government agency that is out to get you in the courts. You'll run out of money defending yourself long before they give an inch if they want you...