Suppressors Crime Committed With Suppressor

[ridenrunwv]

Was just reading something in another thread and it got me thinking... Just how far can the crime committed with a suppressor adding 10 years to sentence be taken?

Say someone is charged with shooting too close to a residence or shooting over a roadway or something similar. Would doing this with a suppressor potentially make a misdemeanor into a felony with 10 years in prison?

 

[Jig Stick]

Interesting question. Another example would be if you took a shot at dusk, real close legal shooting hours. If the wardens watch is a little faster than yours, he could charge you with unlawful taking of game, with a suppressor. I'd imagine that could get ugly

 

[ridenrunwv]

DNR violations are often honest mistakes with the constantly changing laws. I understand everyone has to keep up with the law and is responsible if they don't but it would be ridiculous if them missing some little addition to law could be made into a big thing just because they had a suppressor. I'm guessing this isn't something that actually ever happens but just curious about the law and if it could happen.

 

[TexasGunTrustLawyer]

it depends on the wording of the enhancement law.

Generally this is what is called an enhancement.

i.e.
use of firearm.
Prior convictions
etc.

 

[ridenrunwv]

So does it depend on each individual law having such an enhancement or is a general statewide or federal thing that can used as an enhancement with any crime?

 

[19Scout77]

A crime is a crime...a misdemeanor is a misdemeanor...an ordinance violation is an ordinance violation...a felony is a felony...all depends.on what your AO calls it. I would assume that the supressor law of which you speak specifies what unlawful action type receives the enhancement. What does the statute say?

 

[Charger442]

is this a state law or federal law?

 

[Altnews]

The answer is "yes, you can get hammered on a federal beef under the NFA for a criminal violation of a state firearms law committed with an NFA item." The pertinent question is whether or not the local DA and the local federal prosecutor, and/or the BATFE have a hard-on for you. Just as you can get hammered if your kid drops a roach in your car and you get stopped and searched while transporting guns, or you can get hammered if you're a disqualified person and the police find a stray .22 round in your car, the letter of the law is perfectly clear. In reality it's almost entirely dependent on the public official's views on firearms where you get nailed.

That's why it always pays to be very polite and respectful when approached by law-enforcement, because the LE officer you interface with can make your life hell or make it a non-event depending on your attitude. They aren't supposed to write "attitude tickets" but they do. Trust me.

 

[mike in pa]

The answer is "yes, you can get hammered on a federal beef under the NFA for a criminal violation of a state firearms law committed with an NFA item." The pertinent question is whether or not the local DA and the local federal prosecutor, and/or the BATFE have a hard-on for you. Just as you can get hammered if your kid drops a roach in your car and you get stopped and searched while transporting guns, or you can get hammered if you're a disqualified person and the police find a stray .22 round in your car, the letter of the law is perfectly clear. In reality it's almost entirely dependent on the public official's views on firearms where you get nailed.

Exactly, it does not always result in a ten years in jail. It all depends on the situation. Around five or so years ago near me there was a murder with an illegal SBS shotgun. A guy shot and killed him business partner and faced zero time for the illegal SBS.

 

[Altnews]

Exactly, it does not always result in a ten years in jail. It all depends on the situation. Around five or so years ago near me there was a murder with an illegal SBS shotgun. A guy shot and killed him business partner and faced zero time for the illegal SBS.

And if it's a really cool item, sometimes it'll get "lost" in the PD's records and the SWAT team will end up with it even if it's perfectly legal and no crime was committed. Very rarely some officer will get nailed by the BATFE for diverting seized NFA items.

 

[DP425]

Section 924(c), in its current form, imposes one of several different minimum sentences when a
firearm is used or possessed in furtherance of another federal crime of violence or of drug
trafficking. The mandatory minimums, imposed in addition to the sentence imposed for the
underlying crime of violence or drug trafficking, vary depending upon the circumstances:
• imprisonment for not less than five years, unless one of higher mandatory
minimums below applies;
• imprisonment for not less than seven years, if a firearm is brandished;
• imprisonment for not less than 10 years, if a firearm is discharged;
• imprisonment for not less than 10 years, if a firearm is a short-barreled rifle or
shotgun or is a semi-automatic weapon;
• imprisonment for not less than 15 years, if the offense involves the armor
piercing ammunition;
• imprisonment for not less than 25 years, if the offender has a prior conviction for
violation of Section 924(c);
• imprisonment for not less than 30 years, if the firearm is a machine gun or
destructive device or is equipped with a silencer; and
• imprisonment for life, if the offender has a prior conviction for violation of
Section 924(c) and if the firearm is a machine gun or destructive device or is
equipped with a silencer.5




​State laws may be different.

 

[ridenrunwv]

So federal crime of violence or drug trafficking drug trafficking is the wording. I searched WV State code and the word suppressor or silencer appear nowhere.

 

[DP425]

So federal crime of violence or drug trafficking drug trafficking is the wording. I searched WV State code and the word suppressor or silencer appear nowhere.

Correct, and from my understanding, that is 30 year enhancement- so if a person catches a charge under 21 USC 848 ("kingpin statute") while in possession of a can, they would get a minimum 20 to life on the base charge and an automatic and mandatory 30 years enhancement. While they MAY be able to have the time on the base charge reduced due to good behavior or whatever, I don't know if any provisions exist to have the enhancement time reduced.

 

[signal5]

Very rarely will the federal government prosecute for one violent crime. In my years as a LEO I have not seem them prosecute unless it was a long term investigation. The only time they will prosecute for one incident is when they adopt a case from a local PD. The Feds will always allow the local state prosecutors first shot at taking a case. I think if you are a regular law abiding citizen you have nothing to worry about.

 

[10fp]

This is a great thread.

Say some guy decides to get rid of a few raccoons in the backyard and shoots them with a 22 with a can. Can this make a difference between a minor infraction and a major felony ?

 

[Mead]

This is a great thread.

Say some guy decides to get rid of a few raccoons in the backyard and shoots them with a 22 with a can. Can this make a difference between a minor infraction and a major felony ?

Only if they are carrying drugs.