What Is Possession of a Silencer Under California Law?

Penal Code 33410 PC makes it a felony to possess, manufacture, import, sell, or offer to sell a firearm silencer—commonly known as a suppressor. This law imposes a strict prohibition on silencers for private individuals, regardless of whether the device was legally purchased in another state or is operational at the time of discovery.

In fact, prosecutors do not need to prove that the silencer was used or attached to a firearm. Mere possession of a suppressor is enough to justify criminal charges. This includes:

• Manufacturing a silencer

• Importing one into California

• Selling or offering to sell a silencer

• Keeping one for sale or transfer

• Simply having a suppressor in your possession or control

California law offers only a few narrow exceptions to this rule—typically limited to law enforcement, military, or federally licensed firearm dealers operating in compliance with federal law. Civilians, even lawful gun owners, are generally prohibited from possessing suppressors under any circumstance.

What Counts as a “Silencer” in California?

The term “silencer” under California law refers to any device designed to muffle, diminish, or suppress the sound of a firearm when it’s fired. This definition is interpreted broadly and can include both commercially manufactured and homemade devices.

Devices that may qualify as silencers under PC 33410 include:

• Factory-produced firearm suppressors

• 3D-printed or homemade sound-reduction devices

• Modified attachments or barrels meant to reduce gunshot noise

• Any part or component intended to be assembled into a silencer

You don’t have to be actively using the item for it to be considered illegal. If a suppressor—or something that can reasonably be interpreted as one—is found in your vehicle, home, or belongings, you may be arrested and charged. Law enforcement often relies on technical analysis or expert review to determine whether a device meets the legal definition of a silencer.

Elements of the Crime – Possession of a Silencer

To secure a conviction under Penal Code 33410 PC, prosecutors must prove specific elements beyond a reasonable doubt. The case does not require intent to use the device—only that the defendant knowingly possessed or engaged in unlawful conduct involving a silencer.

The prosecution must establish:

• Knowing possession or control: You had actual or constructive possession of the silencer (e.g., in your home, vehicle, or personal items).

• The item was a “silencer” as defined under law: The object functioned—or was intended to function—as a suppressor for a firearm.

• You were not exempt under any lawful exception: Civilian exemptions are extremely limited, and the burden is on the defense to assert if one applies.

Importantly, the silencer doesn’t need to be attached to a firearm, fired, or in working condition. If the device is identified as a sound-suppressing tool, and you had access to or control over it, prosecutors may proceed with felony charges.

Penalties for Possessing a Firearm Silencer in California

Possession of a silencer is charged as a felony under California law. A conviction carries the following penalties:

• State prison term of 16 months, 2 years, or 3 years

• Fines of up to $10,000

• Formal felony probation (in some cases)

• Loss of firearm rights under state and federal law

• Permanent criminal record

• Immigration consequences for non-citizens

Because this offense is a straight felony and not a wobbler, it cannot be reduced to a misdemeanor at sentencing or through negotiation. The only way to avoid felony penalties is through case dismissal, diversion, or acquittal at trial.

A conviction under PC 33410 may also lead to sentencing enhancements if the silencer was found in connection with another felony, gang allegation, or crime of violence. Additionally, because silencers are banned under federal law without a specific tax stamp and ATF approval, you may also face federal charges in rare cases.

Legal Defenses to PC 33410 Charges

Unlawful Search and Seizure
If law enforcement discovered the alleged silencer during an unconstitutional search—such as without a warrant, probable cause, or valid consent—we may be able to file a motion to suppress the evidence. If successful, this could lead to dismissal of the case.

The Object Was Not a Silencer
The item in question may not meet the legal or functional definition of a silencer under California law. We may consult with experts, review the device’s components, or present evidence that it did not have the ability to suppress sound.

Lack of Knowledge
You cannot be convicted if you did not knowingly possess the item. If you were unaware of its presence—such as a device found in a shared space or borrowed vehicle—this could undermine the prosecution’s ability to prove constructive possession.

Mistaken Identity or False Allegation
In some cases, clients are wrongly accused based on someone else’s possession or due to misinformation. We can challenge eyewitness testimony, investigate law enforcement conduct, and uncover inconsistencies in the prosecution’s case.

Legal Exception Applies
Although rare, there are limited exceptions for individuals acting under lawful authority, such as licensed law enforcement or military personnel. If applicable, this could be used to argue for dismissal or immunity from prosecution.

Criminal Charges Often Filed Alongside Silencer Possession

• Penal Code 29800 PC – Felon in Possession of a Firearm

• Penal Code 30600 PC – Possession of an Assault Weapon

• Penal Code 25400 PC – Carrying a Concealed Firearm

• Penal Code 417 PC – Brandishing a Weapon

• Penal Code 25850 PC – Carrying a Loaded Firearm in Public

How a Defense Attorney Can Help Fight a Silencer Charge

Being charged with possession of a silencer under PC 33410 can be intimidating and overwhelming. But just because you’ve been arrested doesn’t mean you’ll be convicted. A skilled defense attorney can examine the evidence, challenge the legality of the search, and negotiate directly with prosecutors for reduced charges—or a full dismissal.

Attorney Arash Hashemi has defended firearm-related charges throughout Los Angeles County for over two decades. As a seasoned Los Angeles criminal attorney, he knows how the system works from both sides and uses that experience to protect his clients at every stage of the process.

We begin with a thorough case review, analyze the strength of the evidence, and tailor a defense strategy aimed at securing the best possible outcome—whether that’s avoiding jail time, preserving your record, or fighting the case at trial.

Charged with Possession of a Silencer? Contact a Los Angeles Criminal Defense Lawyer Today

If you’ve been arrested or are under investigation for violating California Penal Code 33410 PC, do not wait to speak with a lawyer. Felony weapons charges move quickly, and early mistakes—especially speaking with police—can make your situation worse.

At The Law Offices of Arash Hashemi, we take immediate action to protect your rights, preserve your defense options, and begin building your case. Every client receives direct attention from Attorney Hashemi—no associates, no runaround, and no pressure to plead guilty.

Whether you’re facing a first-time charge or have prior firearm-related offenses, we are ready to defend you.

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