ATF Arrests Man For eBay Silencer Sales

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Part 1 of our ‘Build Your Own Silencer’ series is my most-read article that I’ve had the pleasure of posting here at TFB. And I think that’s great – the more people we have interested in purchasing, owning, transferring and making suppressors legally the better. So as I work on Part 2 of the BIY series, be prepared to see yet another set of warnings and disclaimers. After that we are going to walk you through the ATF “Form 1” application, and then talk about parts suppliers. One of which is eBay.

As we’ve previously discussed, the rules, regulations and laws surrounding silencers is tricky at best and downright scary at their worst. The fact that a single baffle is considered a silencer within itself is still, well, baffling. However, these are the laws here in the US, and until we get them changed or repealed, we all have to follow them or face the repercussions. Apparently, one Ohio man decided to push the boundaries of the law and caught the attention of the ATF when he was selling muzzle brake variations on eBay.

Disclaimer: I’m not positive this eBay item is the one in question, but there are some parallels that can be drawn with the defendant’s situation.

Unconfirmed eBay listing

Unconfirmed eBay listing

Unconfirmed eBay listing

Unconfirmed eBay listing

WFMJ.com – http://www.wfmj.com/story/32807776/atf-arrests-east-palestine-man-with-nearly-200-firearm-silencers:

EAST PALESTINE, Ohio –

An East Palestine man may find out this week if he’ll be going to prison after federal agents say they caught him with unregistered firearm silencers for a second time in two years.

According to court documents, Brent See was arrested on August 12 after a search of his Bacon Avenue office and machine shop turned up 196 silencers.Three more of the devices were confiscated during an earlier visit by See’s probation officer, according to investigators.

An affidavit filed by an agent from the Bureau of Alcohol, Tobacco, Firearms and Explosives says that See told investigators that he has been making the devices for more than a year, then selling them on eBay for $50 to $80 apiece.

Although See calls the devices “muzzle breaks”, the ATF classifies them as unregistered silencers, bearing no serial numbers.

According to the ATF, a silencer is any device for silencing, muffling, or diminishing the report of a firearm.
See does not have a license to manufacture silencers according to the government.

See is still on probation from a 2014 conviction for possessing unregistered firearms after he sold an ATF undercover agent three kits that could be assembled to make a device used to diminish the report of a firearm.

During that investigation, agents from the U.S. Postal Service and ATF searched See’s Signal Road home in Fairfield Township.

In December 2014, See was sentenced to six months electronically monitored house arrest and placed on probation for five years.

A probation revocation hearing stemming from the current investigation was held last week in U.S. District Court in Akron.

A detention hearing for See is set for Wednesday.

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Unconfirmed “Gilled Muzzle Brake”

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Unconfirmed “Gilled Muzzle Brake”

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Unconfirmed “Gilled Muzzle Brake”

A couple of observations:

1) The material used to make this part is 6061 aluminum with a .250 bore- meaning it must have been made to only withstand the pressures of rimfire ammunition. By the time the rimfire round passes through the third of forth section, most of the gasses have already exited the brake. This is one technique authorities could have used to surmise that the item for sale on eBay was intended to be used in a silencer part and not a muzzle device.

2) The seller could have privately advertised that this part would work as a monocore baffle stack, complete with barrel threads and bore. Remember, manufacturing any silencer parts requires a federal firearms manufacturing license.

3) Stating that a muzzle brake has a “nice low tone” isn’t exactly evidence, but it also isn’t helpful to the defendant’s case. I don’t recall ever reading about muzzle brakes changing to tone of a discharged firearm.

4) The defendant has a prior conviction for manufacturing “silencer kits” for which he was currently on probation. Which means if he didn’t understand that the NFA and silencer laws and regulations were complicated before, he should have definitely made time to understand the laws after he plead guilty.

The only thing I can say is that, if you decide to to make a suppressor, follow all of the proper procedures. Complete, send and receive an approved ‘Form 1’ application. Understand that even parts of a silencer, like baffles or monocores are silencers within themselves. And when in doubt, ask someone knowledgeable for help.

See you for Part 2 of ‘Build Your Own Silencer”.

Note: Remember, everyone is innocent until proven guilty in a court of law.



Pete

LE – Science – OSINT.
On a mission to make all of my guns as quiet as possible.
Pete.M@staff.thefirearmblog.com


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  • AK

    This is just silly. The gasses are venting directly to the sides as in a brake. For a silencer, they need to be contained until they are low velocity. It makes no difference how many baffles there are. This is not a silencer except in the twisted mind of some petty bureaucrat.

    Luckily us gunowners here in northern Europe are not burdened by such idiocy (although we have our own versions). I can buy a new can everyday.

    • M-dasher

      Silencer components are also NFA items…….and im sorry, i find the laws as stupid as anyone……but this is clearly a silencer Monocore.

      • Sianmink

        Just like a featureless metal tube is clearly a silencer sleeve.
        *arrests every hardware store manager for selling silencer parts

        • Bill

          Or its a barrel blank. Or an exhaust pipe. Or a water fixture. A mono core, on the other hand, is what it is.

          • Amplified Heat

            Unless it’s a brake. Sorry, the law does not give a means to differentiate the two, nor does it limit a muzzle device’s function to recoil mitigation so long as it does not dampen sound or is *readily* converted into such a configuration.

          • Bill

            Really, you don’t think that’s “readily” converted to such a configuration, a lot more easily than a piece of pipe can be made into a suppressor?

            I’m all for suppressors being easily available, but until that legislation is passed, let’s not support repeat criminals, OK? Again, if this dude was tinkering in his basement, although even the dullest knife here knows that’s illegal, I’d be a little more empathetic, than a case involving nearly 200 devices being built by a guy who’d been busted once before. That’s a drug dealer’s business model.

        • M40

          I was in my local Home Depot the other day. They were not only selling lengths of pipe… they were also selling various pipe fittings, washers and steel wool. I thought, WOW… these guys are selling “silencer kits”. And then I saw all the different chemicals, fertilizers, ball bearings, and other items on their shelves. They should change their name to “Terrorists-R-Us”.

          PS – If your local convenience store sells bottles of soda and duct tape, they should expect an ATF raid any day now!

        • jay

          They’ve made slabs of aluminum (80% receivers) into firearms in kalifornia. Why not tubes into suppressors?

      • David Silverstein

        What makes it “clearly a silencer Monocore”? The intended use? Can you prove what the intended use is? And the intent from whom, the seller or the buyer? This is not “clearly” anything. If the advertisement had instead said “sculpture,” you couldn’t prove beyond a reasonable doubt that it was anything more than a sculpture.

        • M-dasher

          dude……hand it to anyone whos handled suppressors before and theyll tell you the same thing……

          the “muzzle brake” is not fooling anyone…….

          just like the sig brace isnt fooling anyone…everyone knows its to skirt the SBR laws……

          unfortunatelly the Silencer laws are a bit harder to skirt

          but let me guess…..you think Solvent traps are actually for cleaning your gun?

          • M40

            Muzzle brakes have been around in one form or another for a century or more. The very definition of a muzzle brake is a device designed to redirect the gases in order to reduce muzzle climb and/or felt recoil. As such… pretty much all muzzle brakes COULD be modified to serve as the core of a “silencer” by adding a collection chamber for the redirected gases.

            A major problem here is the extreme vagueness of the laws on this subject. But the real underlying issue is the fact that we leave an agency (BATFE) left to interpret these vague laws, AND to issue “rulings”. Note that they have absolutely NO constitutional right to either interpret the law (a judiciary duty) or issue ‘rulings’ that essentially create law (a legislative duty).

            Note that the ATF is NOT the only agency that now acts in extra-constitutional fashion. We now have more than a dozen federal agencies that usurp vast (unconstitutional) powers from all 3 branches of government. These are un-elected bureaucrats that are writing laws… interpreting laws… enforcing laws… regulating… taxing… fining… and policing with armed thugs.

            We could go a long way towards returning America to some semblance of normalcy with a single law passed by congress. That law would immediately rescind ALL orders, rulings, interpretations, taxes, fees and regulations illegally implemented by federal agencies.

        • That’s the problem with how ATF is allowed to write, interpret, and enforce its rules: the standard of Reasonable Doubt absolutely does not apply. You’re as guilty as ATF says you are, and if they can’t make it stick they’ll just “redefine success” by changing the rules so you are guilty

      • Stan Darsh

        That depends on what your definition of “is” is.

  • Ola

    Ohmy… this is just ridiculous. EVERYONE should have the right to own and use a silencer..

  • Andy Hills

    World’s worst silencer design.. if it is one, which it is not

    • M-dasher

      dude, this is clearly a silencer monocore…..which is a NFA item……

      • Andy Hills

        yeah, well, that’s just like your opinion man…..Dude

  • M1911

    So, who was the victim here?

    The silencer laws are so completely moronic.

    • Drew Coleman

      Indeed. But they are the laws, and we must follow them.

      Edit: Does anyone have a problem where sometimes the comment textbox stops responding to the keyboard?

      • Phillip Cooper

        Your comment box problem is most likely a browser helper object issue, and thus local to the machine you’re on…
        (EDIT: and of course, it just happened to me…. so maybe not!)

      • Justin Roney

        Unless you’re Hillary Clinton. Then the laws don’t matter.

        • TheSmellofNapalm

          This blog is so disgustingly biased with which comments they allow. Both candidates are crooks, and this is not the place.

          • Still being negative I see.

          • TheSmellofNapalm

            Nope, just trying to enforce your own slogan, sir. I enjoy your website because it is often a refuge from the political firestorms elsewhere.

          • Fox Hunter

            Nonsense, based on your past comments, you are just as political as anyone, and liberal one at that.

          • TheSmellofNapalm

            If there is no pushback by political minorities in an area dominated by one mindset, there can never by progress.

          • CountryBoy

            Really?

            Did you get that from Hillary, Feinstein, Pelosi or Schumer?

          • Joe Gamer

            “Just because you do not take an interest in politics doesn’t mean politics won’t take an interest in you.”

            ¯_(ツ)_/¯

          • You talk politics way too much—–

          • plumber576

            Please, educate us on how many times the director of the FBI had to testify to congress regarding Gary Johnson, or Donald Trump, or even Jill Stein after they were subject to an investigation. Which office of the executive branch is investigating these presidential candidates?

          • RICH

            plumber576 …Amen Brother, a-men !

          • TheSmellofNapalm

            How about you educate us on what a perfect little angel your candidate is. You think there wouldn’t be a scandal if Trump was on the cabinet for 8 years, for example? You think it would be limited to an email server? Don’t be naive.

          • jparcjr

            Only Clinton is the crook and should be in prison with Bill Barrack Moochelle and the Obama girls, Holder, Lynch and the entire Obama administration!

          • TheSmellofNapalm

            Oh please. If only Fox News could see what a good little regurgitator you are. You make the corporations proud

          • H.C.

            Coporations? You do realize there is a reason that every major coporation and military industrial complex component is flooding clintion with cash right? This is the masive cognitave dissonance in the liberal party, You are all claim to fight the coporate hold on governement and want to dismantle the military industrial complex, but you vote canidates in that are owned by the very same.

          • supergun

            you talking about hillary and bill?

          • BR549

            Oh, please ……

        • RICH

          I think she & her old man are related to the late John Gotti….. laws just don’t seem to apply to the clintons ! ! Laws only seem to apply to those of us that are honest & law abiding citizens !

      • Ebby123

        Why must we follow them?

        • David Harmon

          Because if you don’t they will fine you, arrest you, and put your ass in a tiny cage with a guy named Bubba.

          • Ebby123

            So, coercion under the threat of violence, got it.

      • 1911a145acp

        Sorry, some laws are blantantly illegal, unconstitutional and are therefore null and void. We are under no requirement or obligation to obey them. Those that enforce them under threat of violence. pain of death and incarceration are the actual law breakers. That we have allowed this constitutional usurpation to happen for so long doesn’t make it any less wrong.

        • Drew Coleman

          You are more than welcome to go first.

      • Rattlerjake

        WRONG! It is the fact that so many, including this author, ho insist on conforming to these illegal laws that ha given the government the justification to enforce these illegal laws and continue to create more of them! Every one of these laws show be fought as SOON as they are created, and ALL lawful gun owners should stand up against them. Instead ‘everyone’ has simply accepted the requirements of states and the fed for buying your God-given and Constitutional rights, like concealed carry permits.

      • Old Vet

        It’s just the NSA bugs in your system, nothing to worry about….haha

      • jay

        Until such a point that NOBODY follows, or accepts the laws. Then what?

    • Marcus D.

      Dianne Feinstein says otherwise:

      “I support an individual’s Second Amendment right to own a gun and I
      recognize that there are many law-abiding gun owners who use guns in a
      safe manner for activities such as hunting, sport, or for self-defense.
      However, I also strongly agree with the enforcement of federal gun laws
      which require the regulation of firearm silencers. According to the
      Centers for Disease Control and Prevention, each year over 30,000 people
      are killed with a firearm in the United States, and another 60,000
      wounded. I believe that removing firearm silencers and other devices
      that can make firearms more lethal from ATF regulation would
      disadvantage the safety of our communities.

      Sincerely Yours,
      Dianne Feinstein”

      I would like to know why she and her staff =believe that silencers make forearms “more lethal.” I suspect though that they are either oblivious or simply don’t care, because GUNZ!!

      • John

        My reply to her…

        In EVERY instance ear damaging noise is a SAFETY issue,
        unless your talking about firearms. Just about every town has strict noise
        restrictions. Silencers (or suppressors) are a SAFETY device, but some Reps in our Government acts like they are some kind of killing machine!

        Just as our representatives in the 1950’s watched too many motorcycle gang movies and passed laws against automatic knives (which is no deadlier than a regular knife), our representatives today have watched too many spy movies…(a suppressed gun is no deadlier than a unsuppressed one, just quieter, with no ear damaging levels of sound.)

        Suppressors should have NEVER been regulated as a weapon.

      • whamprod

        By all means. And while we’re at it, let’s remove mufflers from all motor vehicles. The quieter they are, the harder it is to hear them coming, and therefore the more dangerous they are to pedestrians and other drivers.

        Lefties are morons.

        • thomas jefferson

          THEIR NOT morons,as much as it might seem they are,THEY WORK FOR SATAN,that OATH they took ment NOTHING to them,they know when they leave this world their going to hell,but like ALL demonrats they love that idea,they LOVE satan,Witches and Evil,ITS BECAUSE THEY ARE THE CROWNING STAR ON SATANS HAT……..

          • Rattlerjake

            You are absolutely correct. The whole plethora of prohibitive laws in this country are against God’s laws. Zionists and Jesuits have created this entire global mess in order to discredit God and to “legally” kill or incarcerate as many Christians as possible. We are seeing the fulfillment of biblical prophesy, and soon we will witness the antichrist and then the return of our Savior. Those who go along with the commands and whims of the left are doomed.

        • dltaylor51

          Loud pipes save lives,look at all the car pedestrian accidents that could be prevented if silencers were removed from autos,if you hear it coming you can get out of the way.

          • Duddly Doright

            The Loud Pipes save Lives is a LIE.
            Just an excuse to blast everyone’s ear drums.

          • dltaylor51

            Do you ride a Goldwing or drive a Prius by chance?

    • 1911a145acp

      The ORIGINAL NFA ( National Firearms Act of 1934 ) had HANDGUNS regulated as NFA items……

  • Harry’s Holsters

    If the seller had threads on the exterior and was selling a sleeve on another auction I might but it but this is a little moronic.

    I’d wondering how much his previous transgressions have to do with this charge?

  • Ambassador Vader

    I could see if he threaded the outside to allow a cover to go over the muzzle break but alone, innuendo or not, it does not seem to follow the description of a suppressor well, I mean diminishing the report of a firearm is so incredibly vague.

    • Harry’s Holsters

      Agreed.

    • All ATF rules are incredibly vague, by design; when your internally-drafted policies carry the weight of federal law without the pesky nuisance of “having been voted on by elected representatives”, there’s no incentive to make your rules clear and precise, because a poorly-defined rule can be interpreted however you like.

      • M1911

        This is exactly how the MA Attorney General works. I am so completely sick of this crap.

      • Phil Hsueh

        Sort of like England’s new zombie knife law where the language describing what a zombie knife is is so vague and open to interpretation that anything remotely knife like could be considered a “zombie knife” and thus illegal.

      • M40

        They create laws (a responsibility of the legislative branch)… they interpret laws and issue rulings (a responsibility of the judiciary branch)… and they enforce with armed agents (a responsibility of the executive branch). So they essentially usurp vast unconstitutional authority from all 3 branches of government. Add the powers to tax, fine and levy… and you’ve got an extra-governmental monster.

        And they’re not the only ones. There are at least a dozen federal agencies that act in the same manner. The only one that has any real control over these agencies is the president who can appoint directors of these agencies. This is a dangerous slope we’re sliding down.

    • BillC

      Brake.

  • Harry’s Holsters

    This is making me wonder what breaks or flash hiders would qualify is someone welded a sleeve on them?

    • Sunshine_Shooter

      Considering this guy got house arrest for 1 year and probation for 5 (read: no actual jail time) for selling suppressor kits online, try it. As long as you don’t get in trouble and DO THE SAME THING AGAIN WHILE ON PROBATION you should be relatively fine.

      • Bierstadt54

        Stupid laws, stupid ATF, and VERY stupid guy.

        *I am seeing the word “stupid” so much in the comments on this that it is beginning to look wrong.

      • RICH

        Apparently he couldn’t understand the ‘simple’ instructions he was given by the judge and the probation officers. ‘Don’t do it again ! ! ! ‘

        • Ebby123

          I think he simply understood that all unconstitutional laws are null and void. Technically HE is the lawful one, and THEY are the ones breaking the law.

          • RICH

            I sure wouldn’t want to push an issue like this with A.T.friggin’ F. It’s not worth the chance of 10 years / $250k fine and losing all of my guns forever. I do understand your point though.

    • gunsandrockets

      What about longer barrels? Reduced charges? All of these things ‘reduce’ the muzzle report. Why are they legal?

      The asinine thing about silencer laws is they are based upon a stupid mythology that suppressors ‘silence’ firearms.

      So we all get to suffer from arbitrary and capricious enforcement, as that is the inevitable consequence of bad law.

      • Amplified Heat

        What about those “linear brakes” that wrap around brakes, or false cans/extensions to lengthen the barrel? All reduce report, are intended to do so in many cases, and are chose for that purpose.

        • Fox Hunter

          Wrong, linear compensators and fake cans do not reduce the report, they just focus it forwards. overall report is not reduced one decibel.

      • Kivaari

        Some of the newer designs are really quite, or quiet, Hollywood style. Today’s makers have really done a fantastic job. I’ve shot some .22s and .45s in tight quarters using some of the newest designs and am very impressed. There was nothing like these 40 years ago.

      • RICH

        It’s the same as with the Thompson sub-guns…. NFA of 1934 took everything the ‘gangsters’ back then were using and placed the hideous $200 tax stamp ( = to $3500 back then) on their listed ‘items’ ! It sucks ! I have spent enough on the NFA tax stamps to buy a couple of nice guns !

  • Anyone who’s ever fired an AR with an open tine flash hider knows all about muzzle devices changing the tone; if you get the right combination, you can harmonize the ringing from the flash hider with the ringing from the buffer tube spring and have your very own semiautomatic tuning fork.

    • Pete – TFB Writer

      I’m not referring to the “tuning fork” tone of a FH. And I don’t think the eBay ad meant that either.

      • The_Automator

        I have a brake on my mk18 upper that changed the sound from a loud *pop* to a very low pitched *thud*

        • M40

          I have a brake on a Bushy that makes it a LOT louder than my Colt (which has none). It’s probably not louder in actuality, but it directs a lot of the ‘boom’ out the sides instead of downrange. So I’d guess it’s more decibels as measured from the shooter’s position, but less when measured from the down-range.

          Point is, there’s a lot of directional aspects when it comes to sound. Most, if not all muzzle brakes will change the perceived sound of a report NOT by muffling it, but by sending it in different directions.

          Depending on where the ATF decides to measure for sound attenuation, they could essentially declare almost all brakes to be “silencers”. Move the meter a couple feet one way, and the brake makes it louder… move it in the other direction, and it’s suddenly a “silencer”. This is the problem with vague laws written by clueless pols, and enforced by overzealous thugs.

      • Surely you don’t mean to accuse that innocent merchant of nefarious intent?!? He is clearly vending only the finest tonal attenuation accessories! Obviously this is intended as a harmonizing tool to adjust the symphonic arrangement of steel gongs at appropriate distances, for playing only the most pious of hymns.

    • Graham2

      Don’t worry, I got the joke!

      • Pete – TFB Writer

        Crap, I missed a joke? Apologies TUA

    • ProudInfidel

      I like to play Dixie with my semi-auto tuning fork…my grandson plays along… 😉

  • TheNotoriousIUD

    This guy sounds like a dummy.

  • M-dasher

    as much as i disagree with the current silencer laws…….they are still the laws, and if you choose not to follow them, i personally dont care……but dont be surprised when you get busted.

    as far as this “muzzle brake”……if it looks like a duck, walks like a duck, and sounds like a duck……..its a duck.

    and im sorry, but this is clearly a silencer monocore………if sig couldnt pull off the “muzzle brake” thing……you certainly cant.

    you would think you would tread a little more carefully considering you have been busted for illegal silencer possession before.

    • Ebby123

      Slavery was once the law too.
      “I’m not saying I support slavery, but don’t be surprised if you get hung for running away from your master…”

      Your unspoken assumption that is immoral to not comply with an immoral law COULD NOT BE FURTHER FROM THE TRUTH.

      Silence is consent.
      Consent is support.
      You DO support the current NFA laws – its important that you understand that.

      • markej4801

        Ebby123, you are correct in your logic, though this is the extreme end of that argument. Are you working to overcome the laws or just stating the obvious for discussion? Should we be lobbying our Congress to overcome this, or sit back quietly and hope it all gets better magically? How about community activism, pushing for voter’s support for the correct (at least in my little mind) stance of killing off a ridiculous law? Can’t say as I have, but I didn’t post the extreme end of the argument either.

  • Mystick

    Well, by this logic, every provider of cut-to-length precision tubing needs to be arrested – since they are a suppressor component requiring only minor fitting in the proper hands with the proper tools.

    I’m all for reasonable restraints, but all these “precursor” laws tend to be universally vague and implementable in a fashion left too ambiguous for a “law” – which must, by definition, be definitive. Any prohibited item that can possibly be used for any other purpose cannot reasonably be proscribed without unjust intrusion into common liberties… And not just regarding NFA, but other things, as well.

    The descendant technologies of Maxim’s work is commonly used in many industrial applications involving fluid expansion – many of which are readily, directly, transferable to firearms applications.

  • TheNotoriousIUD

    “We gotta get them aluminum tubes!”

  • iksnilol

    He should have made them much shorter, so that it only has 3 or 4 sections (cause that’s the extent to where the gases get vented).

    • Amplified Heat

      Obviously that isn’t what his customers wanted, though. The ATF pulled that 3-4″ figure from the SIG case entirely from their posterior, it exists nowhere in the statute. Why not 6″ or 2″? After all, it has nothing to do with actual sound reduction per the law, so the ATF argues it instead has to do with (equally irrelevant) recoil mitigation performance which peters out around 3-4″ for most rounds.

      But that isn’t how “reasonable doubt” works, and everyone knows it. Is there a non-silencer purpose to this device? Yes, some fool might think it looks cool. Is the device readily convertible to a silencer? No, a tube has to be procured, then welded/bonded/threaded onto the muzzle device, pretty much the same effort needed to attach a silencer to any brake, and certainly not a quick job with many more steps toward an illegal configuration to determine intent from. None of these actions/parts are being offered by the seller that we know of.

      • iksnilol

        Agreed there, it doesn’t have to be super functional. Plenty of stuff only for looks.

        If their argument works they could argue that fake silencers are real, or that muzzle brakes can be readily made into brakes. Would set a worrying precedent.

      • M40

        It’s a lot less effort to duct tape a pop bottle to the end of a barrel. When are they going to start arresting those who sell soda and/or tape?

  • bill

    I’ll take things that aren’t a suppressor for $1000, Alex.

  • uisconfruzed

    Step 4 was his lynch pin.

    • David Silverstein

      Are you talking about his prior conviction? So you’re suggesting that he should be tried on the basis of evidence from a previous trial. That’s double jeopardy. Just because you’ve screwed up before, that is not evidence that you screwed up this time.

      • M-dasher

        actually thats not “double jeopardy”…..and yes, they absolutely can use past convictions against you….its called character evidence.

        if you have a previous convictions for making and selling unlicensed suppressors……..and you are busted with a bunch of “muzzle brakes”…..they absolutely can and will use your past convictions against you.

      • Bill

        Indeed it can, as prior bad acts. No different than any other repeat offender. Double jeopardy means being tried more than once for the same offense, not being tried for each time a person offended.

        • David Silverstein

          Right, you’re talking about using evidence from one offense in the case against him on the second offense. Example: imagine you kill and woman and are convicted. Then, at a later date, a woman dies in your presence. It’s a whole new case and they need to present new evidence. The conviction might serve as a “character witness” of sorts, but that’s circumstantial, at best. They still need to prove you committed THIS alleged crime. And the evidence has to stand on its own merit.

          • ProudInfidel

            But, you have an existing record, or history, of killing women – so, the circumstances surrounding the death of this 2d woman is now suspect in terms of foul play – ie: you did something dastardly. You are now starting with the odds stacked against you in the mind of any juror. Besides, all this is moot – he was on probation, not for writing bad checks, not for domestic abuse – but because he was convicted in the past for doing exactly the same thing. Not the sharpest knife in the drawer now is he?

      • ProudInfidel

        He was on probation – maybe not double secret probation, but probation all the same. He should have known he’d be watched like a hawk – and they would take every opportunity to nail his hide to the barn door if given the chance. Selling those on e-bay was like flapping a bright red scarf in front of the bull and expecting it to just stand there and act confused. Stupid is as Stupid does.

      • uisconfruzed

        No, if he’s lawyered up an it was a first time offense the consequences would be much smaller.

  • livingonenergydrinks

    I agree with others. The device he is selling has no outer threads which makes it more muzzle break than silencer. All I can assume is the ATF searched his home and found real silencers, unlike what he was selling online. Still I feel this whole silencer thing is just a waste of tax payer’s money.

    • Gerbs

      It is.
      In fact its much worse – its unlawful tyranny.

    • dshield55

      Not exactly a waste of money. It’s actually quite the racket. 200 bucks a pop.

  • Anonymoose

    Muzzle brakes can change the tone. Remember the AN-94 and its dog-whistle?

  • TennTexan

    We need to remove silencers from the NFA. Actually, strike that… we need to repeal the NFA.

    • Dan

      Ok just stop with that. The vast majority of this blog’s U.S. readers already know that. Instead of telling us go tell people who are uneducated on this subject.

      • Seriously– the best argument against gun control is actual quantifiable evidence, in this case the near total lack of actual recorded crimes committed with silencers. Like most of gun control ideology, fear of criminal use of silencers is almost entirely a Hollywood myth, because it simply does not happen in measurable numbers in the real world. Same way with full auto firearms, which are only very rarely used in crimes and almost exclusively related to gang activity… which is a completely different problem with completely different possible solutions.

        • Kivaari

          The mob loved those silenced Ruger Mk1 pistols. But aside from those guys, they were simply being polite, and the use of silencers being illegal sure didn’t stop them from shooting other bad guys.

      • TennTexan

        It’s quite an honor that “the vast majority of this blog’s U.S. readers” have elected you to speak for them as to what they do and do not know.

        Next time I feel the urge to post something, I’ll be sure to check with you first to see what “the vast majority” already know about the subject.

        Oh, wait… No I won’t.

  • D Smith

    Follow the law… follow the law…. Do any of you people really think before you type? Or speak?

    For example:
    Did you know that you potentially commit a felony if you call into work for being sick, but instead go to a ball game, your kids birthday party, or to catch a movie? If you work at ANY place of work that reports its employee’s work attendance to the federal government, you’ve just committed a felony. Work for a school, the city sanitation department, the state highway department? Congratulations, you’ve committed a felony if you’ve ever taken the day off for anything other than what you told them.

    So those of you screaming about following the law, are you sure you want to go by that standard?

    • ProudInfidel

      Especially if you try to sell your excuses on E-bay, after having been busted before – like this frigging genius did. Stupid is as Stupid does.

  • Bill

    Y’all might want to pick a different case to promote for martyrdom. This guy got caught once, and rocket surgeon that he is, got caught again, or more accurately, again, 199 times. It isn’t like some hobbyist transgressed and went over some blurry technical line, once, with one can.

    If you don’t agree with the law, work to change it. Don’t get all weepy over a criminal who is trying to profit by violating it.

    • Amplified Heat

      The ATF doesn’t generally pursue sympathetic victims who have the resources to fight back in court. SIG supoosedly spent millions just getting a fair-ish review of their MPX that took two years to resolve. This guy will likely never have the good fortune to make his case to a jury, and will plea out for reduced time. SOP for a Bureau that goes to great lengths to avoid judicial review of their authority.

      • Bill

        The ATF doesn’t have that option – cases are prosecuted by a US Attorney from the Department of Justice. This is a criminal case, not a review by the Technical Branch, which obviously this guy, as an illegal manufacturer, was going to avoid at all costs.

        • ProudInfidel

          You are all over it Bill – I agree 100%. On top of that, he did what I described in a reply above as “Forest Gumping” the whole thing by advertising on E-bay. Stupid is as Stupid does. I do think this is a direct result of the “Myspace, Facebook, Twitter, SnapChat” age of idiots. They want to share everything – not just their opinion or observations, ideas. Oh no, they have to bare their lives, their souls to everyone and everything – oh, and make a Peso or two along the way by trying to sell items like this on the inter-web.

  • Cymond

    Alumalite has been in business since 2003. They make barrel shrouds, muzzle brakes, and faux silencers, but I’ve never seen anything from them that would even remotely function as a suppressor core.

  • MindMelder

    A Monolithic template right? I personally think suppressors should be protected under the Second Amendment and I should be able to buy one at Cabela’s and exit with it today if I wanted too. For me the most unejoyable part about being an avid rifle/target shooter is the obnoxious noise of the 556 cartridge and sure I’d love to have cans for all of my rifles. However, the laws are clear and until further notice we must comply with them or face the music. Own them the right way.

  • Cymond

    I agree, his intent seems clear, but I can’t quite justify how I know that. It’s a combination of length, number of ports, precise outer diameter, and material.

    On the other hand, that seems like the worst suppressor core ever. It has more metal than empty space!

    And I do think it’s an interesting contrast with the various “dry storage cups” that are designed to fit in a flashlight tube, presumably to convert the flashlight to a dry storage container. Nevermind the fact that these “cups” are center marked….

    • Bill Jordan

      No hole = no suppressor part.
      Drilling the hole proves intent to make a suppressor.
      Lots of people use the 60 deg cones from poolshark in their Form 1 builds.

      • Amplified Heat

        And who says “no hole = no baffle” again? The same people claiming a blast enhancing device is a silencer if you make it long enough. 3-4″, which is a number based on nothing in the law. An even bigger joke considering the skill/tine to line-bore a core or cups is far less than threading a core & mating tube.

      • Cymond

        I’m just saying that it’s an interesting dichotomy, and rather arbitrary. An overly long brake is illegal, yet cups on the verge of being baffles are legal.

        Also, I am considering building a Form 1 can in the future. I found a reference to Poolshark’s cones on a forum, but can’t find the source. They look a lot better than the Tyca or JMPF cups. Is there a website or anything?

  • Amplified Heat

    Any half honest judge would strike the “any parts” language from NFA as overly broad, especially as the ATF at this point explicitly treats the tube alone as the silencer. The law makes no provision for differentiating cans and brakes (like through decibel drop, or something measurable) so it is left entirely to ATF determination, which as we see here is badly mistaken since the item in question will not reduce volume without considerable rework and additional parts that themselves show intent well enough, and is functionally and technically indistinguishable from many muzzle brakes. This exact device with no through-bore, but drill guides and a threaded/welded external sheath is kosher, but this device with no means of attaching a containment tube/sheath is forbidden.

  • Alex Brown

    I personally call this a barrel extension, especially since it’s made out of aluminum. The aluminum barrel extension has been a method for individuals of small stature(think women) to be able to own a firearm that has SBR-like handling without the small stature tax.

  • Barry Hayes

    Check it out, folks. I don’t agree with the regulations anyway, but they are there…and this was clearly intended to be used as a monocore baffle for a C-cell maglight tube. Look at the dimensions, they’re listed on the screenshot.

    Drill a 1/2″ hole centered in the battery cap of the flashlight, pull all the guts out, and smear some epoxy or JB Weld on the “muzzle brake”. Screw the battery cap back onto the tube, slide the brake down inside it, and poof! You’ve got a suppressor that will effectively muffle a .22LR round.

    • Amplified Heat

      And how is said maglite tube affixed to this baffle? Are there threads? Does the ATF now have authority over all cylindrical objects that may fit within a Maglite tube? Why are they not sending the warrant to the Maglite company, seeing as their unaltered tubes form the serialized portion of the silencer, while this brake requires additional machining to attach to it?

      • Barry Hayes

        Even if you choose not to epoxy the core to the tube, the force of the battery cap being captured between the core and the barrel will be sufficient. Slide the cap down the barrel threads, thread the core onto the barrel, and then slide the tube over the core and screw it down onto the battery cap. It’s not something I’d recommend doing for a centerfire rifle, but it is aluminum and likely intended for use on a rimfire, so this design should hold up okay without issue. At least, I’d think it would, the .22LR doesn’t really produce that much of a blast.

        As for why they’re going after the maker of the core, instead of Maglite, it’s this thing called “constructive intent”. Maglite has shown that they are, in fact, manufacturing functional flashlights. It can be reasonably shown that this “muzzle brake” has been designed to function as the core of a suppressor.

        Yes, I’m aware that the laws are ridiculous and should be repealed. That, unfortunately, does not change the fact that they exist.

    • Bob

      why don’t you just use a potato?

  • Ken

    That’s $39,800 in tax stamps he deprived the government of!

  • The Punisher

    This man is a hero. Problem is the rest of his would be allies will shun him instead of rush to his defense.

    I think everyone needs to watch the Pixar move “A Bug’s Life” and watch it over and over again…the moral of the story is that there’s many more ants than grasshoppers…I’ll just leave it at that.

  • DCSingles

    Disgusting. Regulating speach, perceived intent, material existence and coming to a theater near you…. THOUGHT. Less is more. (Government that is)

  • jm54

    well, i think this should be a no brainer. i have been waiting months to get approval. i do not want some nut cake to get one without a background check. but you know that there must be a lot of sources that for the right amount of dollars will sell you one. americans will get what they want, remember prohibition? that created the greatest criminal organization the world has ever seen . and it is still here today

    • ProudInfidel

      Yep..but, they didn’t “Forest Gump” (stupid is as stupid does) their prohibited corn liquor or smuggled booze on “e-bay” or brag about their exploits/ownership of said items using what they “think” is anonymous screen names etc on the “Interweb” back then did they?..Along with that, the vast majority of the population was against prohibition versus present day – our nation is split 50-50 regarding firearms ownership and the 2d amendment. No, the time for fighting these rules, regs etc..in the court of public opinion, or in the courts themselves, has long since come and gone. Anyone who doesn’t see that is in serious denial. Americans are in for a BIG wake up call – the general population that is – and will have to go back to being that snarling, ruthless bunch of patriots we once were…but, sigh..me thinks it is too late. We have become irrevocably soft, too focused on “feelings” and “fairness” and “law abiding” etc..pounded into two generations of single mommy raised softies to raise much of a fight. And the ones that haven’t been raised that way? Well, too far and few – and will be betrayed by their friends, neighbors and even family members “for their own good”.

  • Kivaari

    Amazing. He’s on probation for the same offense – dumb.

  • Armed Antagonist

    How does this fit with shall not be infringed?

  • Oldtrader3

    This classifies as Moronic but then, considering pRes. Obaba is a moron who has been hiring morons to staff the Government directorships!

  • Pastor Seán

    A device that suppresses the report of a firearm should be considered safety equipment that prevents hearing loss. The government has no business regulating (read restricting) any American’s natural right to own a safer firearm. The fact that they still do is evidence of lingering fascism in the ranks of the general government that needs to be rooted out.

  • Robo

    More victimless crime bullshit.

  • A mous

    shall not be infringed.

  • Ebby123

    This article smells a little boot-licker-ey. I know you’re just playing it safe, but I think its time for us to STOP playing it safe.

    “You must comply with ridiculous laws, because its the law”.
    So was slavery once.

    “If you want to avoid trouble..”
    This country was founded by men who had EVERYTHING TO LOSE, and deliberately SOUGHT OUT TROUBLE. We have become a nation of hiding men – congratulating ourselves quietly that we still have some rights left while publicly cringing away from even the mention of non-compliance with unjust laws.

    • Pete – TFB Writer

      Bootlicking? That’s what you take out of the way I wrote this up? Pretty insulting.

      I don’t think you understand the responsibilities of writing to a world audience.

      • Ebby123

        Not intended to insult, but to provoke a questioning of the status quo.

        Like I said, I appreciate that you’re playing it safe and covering your ass – that’s not unwise. Self preservation is the top priority for most of us. You’re afraid of losing your job/ being shamed by the mass media/ suffering financial loss/ being harassed or arrested by the ATF/ losing your freedom/ being ridiculed by your community…. and you’re not alone in that.

        I would just ask – is the message (You’re foolish if you don’t comply with unjust laws) that you are reinforcing morally right? Is it really the truth?

        This nation was founded by wealthy, land owning men with careers, homes, and families. They made a stand and refused to comply with unjust laws when they had EVERYTHING TO LOSE.

        I find that kind of courage and moral character missing in today’s world – myself absolutely included. But that’s what its going to take to change the direction we’re headed – men taking a stand against the status quo, knowing full well it will likely cost them everything they’ve spent their life working for.

        Silence is Consent.
        Consent it Support.

        ..food for thought. Please just consider it.

        • Pete – TFB Writer

          Doing something for yourself is one thing. Suggesting others do it is another. The Founding Fathers met in secret for years before faced with troops on their doorstep.

          Lecturing to someone you don’t even know about self-preservation, morality and courage is presumptuous at best and downright ignorant at worst.

          Everyone has their limits. Have you been pushed past yours?

          When can we expect to see your blog spelling out how to openly break federal laws? Urging people to resist tyranny?

          Don’t be silent. Spell it out.

        • M40

          People who openly broke British laws and went to jail… did not help the cause of freedom. They sat out the war in prisons, or they hung from gallows. They’d have done better to stay within the laws and continue to spread the idea of freedom.

          The Revolutionary War wasn’t fought with any sort of popular support. Only a third of the colonists were fed up with British rule. Another third were quite loyal to the crown. The final third were complacent, apathetic sheep who didn’t really care either way.

          From the third that supported the IDEA of seceding from British rule, most stopped at “talking the talk”. When the time came to fight, only 10% actually did ANYTHING about it (donated goods, money, etc to the revolutionary cause). And in the end, it was only 3% of the population who would “walk the walk”.

          Only 3%… that’s how many took to arms against the greatest superpower of the day. They didn’t win the war by winning battles. They didn’t win it with overwhelming numbers. They didn’t have superior firepower. They had only the will to be free of tyranny. They lost more battles than they won. But they kept grinding on through sheer power of will.

          It’s not too different today. Maybe you’re one of the third who support the IDEA that people should be free of oppressive and tyrannical rule. Maybe you’re the one in ten who’d actually lift a finger and do SOMETHING to help. Maybe you’re one of the 3% who would risk your home, your blood, and your very neck in order to buy some freedom for future generations.

          No matter where you fall in that spectrum, there’s no use in being stupid. You don’t help the cause of freedom by getting yourself (or others) jailed. For now, we rally against unconstitutional laws and extragovernmental agencies. We use the power of our voices and our votes. And if the day comes again, when people decide to shed their blood against tyranny, we’re a MUCH bigger force than the world has ever known. Just 3% of today’s population, is a force of over 10 million. No silencers needed. No automatic weapons needed. No arm braces needed. A force that size could be armed with nothing but pointy sticks, and they’d take Washington in a day.

          • Pete – TFB Writer

            Better said than my attempt. Thanks.

  • Charles

    The folks that purchased this fellow’s products are in for an uncomfortable visit from “those without ANY sense of humor” , count on it.
    This guy has led unknown numbers of people into a Federal “jackpot” !

  • Carl Ervin

    Stupid government regulation that needs to be repealed…..

  • RicoJuan

    I wonder if the next stop for the ATF is the purchasers, it won’t be hard to track and prove ownership. I don’t see those oil filter adapters to “catch fumes” being sold at the gun shows anymore, I’ll have to look for “interesting” muzzle brakes next time.

  • 1911a145acp

    East Palestinians….. FIGURES…..

  • marathag

    “There’s no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible to live without breaking laws.”
    – Ayn Rand

  • Adam

    And to think in New Zealand, i can walk into a gun shop, show im 18 or over, pay cash or card, walk out with my favorite suppressor…

  • LetsTryLibertyAgain

    Stupid laws result in stupid enforcement actions and things get complicated in a hurry. Complicated laws are a tyrant’s dream. A lot of tyranny can be hidden in a complex law, overzealous prosecutors, G-men who love the government monopoly on the use of force and a state picked grand jury that would indict a ham sandwich. It’s amazing how many people think, “He must be guilty or they wouldn’t have arrested him.” With jurors like that, why bother with a trial?

    Real crimes have real victims. We need to end all of these bureaucratic crimes against the state, most of which are violations of “administrative law” that was written by unelected career bureaucrats as opposed to real laws enacted by elected legislators.

    We should start by repealing the NFA. All of it. It’s all an infringement and like most gun control laws, it doesn’t even make sense if we ignore the blatantly unconstitutional infringements and focus only on whether the law does or does not reduce crime.

    • Pete – TFB Writer

      I agree with this post. Thank you.

  • drew

    But did he INTEND to break the law? #HillaryDefense

  • ron

    What a moron.

  • notyranny

    Also have a Confederate flag on my vehicle. FYI

    • Shaft

      I too fly the Confederate flag, Its not hate, its history, Blessings Brother.

      • desertcelt

        I fly mine primarily to give white liberal democrats indigestion and an early coronary and second, to celebrate my southern ancestry.

        • Shaft

          Right On Brother, Right On.

          • desertcelt

            Thanks, brother. They seek to divide us. I’ll stand with you anytime!

          • Shaft

            That’s so true, I’m proud to call you My Brother in Arms 4 Life.

      • notyranny

        Deo Vindice Brother

    • supergun

      How about a shower curtain? Many BRAVE MEN were force to serve in both Armies. I will never understand the stupid stuff people say about the Confederate Flag.

      • BR549

        The Confederate Flag (Virginia Battle Flag) does nothing more than make the same statement against tyranny that the Gadsden Flag did 80 years earlier. The North treated the South like we treat an abusable Third World country today and then tried to hide behind the virtuous ideals of emancipation.

        No one ever mentions how Thomas Jefferson almost managed to get his emancipatory legislation passed in the 1700s and missed having it passed by ONE SINGLE VOTE. Remember, this included the Southern States as well. It wasn’t until the abject corruption that took place between TONA, the War of 1812, and the passing of the Missouri Compromise and the Kansas-Nebraska Act that any support from the south for emancipation was rescinded. The Civil War was never about slaves; it was ALWAYS about politics and corruption, hidden behind the deceitful politically correct issue of its time; slavery.

        • supergun

          You are absolutely right. Slave issue was way way down the totem pole…it was just a democrat distraction. Like I said before, “VERY BRAVE MEN were forced to fight on both sides. To me, that flag represents the sacrifice of those MEN in the South. It is just a lying distraction on the part of the corrupt democrats to keep this argument alive. If it will help to keep the Blacks on the plantation, then the democrats are all for it. It is up to the BLACKs to change that curse the democrats have over them.

      • Old Vet

        Most don’t realize it was only a battle flag and not the CSA’s Flag. Had the South been just a little more industrialized the North would never have won. Also because of General Lee’s consummate Southern manners, he chose not to do the things that Sherman did later in the war, thereby giving an advantage to the North. Had he chosen a scorched earth policy Washington itself would have been torched after 1st Manassas. So libs should appreciate Southern History for what it is.

        • TheSmellofNapalm

          Keep telling us how close you idiots were to seceding. Honestly we wish you did

        • supergun

          Great comment. I am glad we are still together as a Nation, but it would have been interesting to see how 2 Nations would have progressed. It was a tragedy for our Nation. Does not look like we learned anything from it. We still have the walking dead, I mean the carpet baggers that harass us daily. We know who they are. The South is so much better to live down here than up North,,,but in reality, all of America is Beautiful. Even that lost continent california.

    • Old Vet

      I am sitting here at my computer and have one on my “Wall of Honor” board in front of me. My relatives served with honor for the South. P*ss on the cry babies that deny history.

  • L. Roger Rich

    This was 2 yers ago

    • Democrats: Just Lies & Hate

      REALLY?

      Go back and read the auction ended date……

      • L. Roger Rich

        EAST PALESTINE, Ohio –

        An East Palestine man may find out this week if he’ll be going to prison after federal agents say they caught him with unregistered firearm silencers for a second time in two years.

      • M40

        TFB showed that auction as an example. Maybe you missed this:

        “Disclaimer: I’m not positive this eBay item is the one in question, but there are some parallels that can be drawn with the defendant’s situation.”

        So basically, TFB is now making a case for similarities, and thus throwing another eBay seller to the ATF wolves.

        • Pete – TFB Writer

          Three things:

          1) How many East Palestinian guys are selling muzzle brakes on eBay?

          2) I blacked out the sellers user name.

          3) If you sell your items in an open marketplace accessible to everyone in the world, I’m not throwing anyone “to the wolves” by posting a redacted picture of a listing.

          Open Source Information.

          Man, it’s no wonder us gun owners are loosing ground. We eat our own sometimes.

          • M40

            Sorry… was just joking around. But there is some concern about how many more sellers of brakes will now pull them in fear of this sort of thing. The more we stir this pot with news stories and even blogs, the more sellers will simply quit.

            I think maybe this story could have done more to explain where this guy went wrong, and what brakes are certified as ‘okay’ by ATF rulings. Have they drawn that line? And if so… exactly when does a muzzle brake become a “suppressor part”?

          • Pete – TFB Writer

            Ah. Gotcha. Thanks for that.

            And I agree with trying to make things more clear. The problem is that many of these rules and regulations are inherently unclear. So nothing I try to clarify will be remotely useful.

            My main concern is saying something that will get someone in trouble. So I end up coming across as overly cautious.

        • Pete – TFB Writer

          Just so we are clear, and it should be from my TFB post history, I think the NFA should be repealed and silencers should be over the counter items.

  • John

    Your right Trump has screwed people over in business deals, Clintons on the other hand have screwed the whole country over with NAFTA.
    Hillary is bought & paid for. (Trump could be too, but it’s not certain.) If she is elected you can look forward to 8 more years of war with war contractors looting our treasury, and the Fed bank printing more money for them to devalue ours. Wall St & the big banks will also be covered by her, she represents the 1%, why do you think she’s not arrested?
    The media propaganda machine is constantly trying to tear Trump down, so I take that as a sign that the 1% is afraid of him.
    But if you have a better take on the situation, I’ll listen….

  • whamprod

    Every muzzle brake I’ve ever seen made the muzzle report louder to the people on either side of the shooter; so I’m not sure how a brake could make the tone “lower”.

  • supergun

    Let them shoot the gun with this muzzle break in the court room before the judge and jury. The case would probably be dismissed.

  • supergun

    You comments smell.

  • MontieR

    I understand the national attention span is somewhere around three minutes (sad). But do you have to deliberately force off topic political BS into EVERY conversation ? are you all really that shallow ?

  • M40

    The ATF will show up with lab tests where they added a length of pipe to the outside, and recorded a lower decibel level when they fired the gun. That’s their entire burden of proof.

    However (if he’s got a good lawyer), they can show similar lab tests where they duct taped a pop bottle to the end of a barrel and recorded a similar drop in decibel levels. At that point, the defense is… if they convict this guy, then they also need to start arresting and prosecuting anyone who buys, sells or possesses duct tape or soda bottles.

    • David Silverstein

      You’re point about soda bottles effectively doing the same thing is certainly true, but the ATF’s linchpin has to be “intent.” Soda bottles are clearly not sold with the intent of them being used to suppress gunfire. Their argument is that this muzzlebrake IS being sold with that intent. Additionally, the lawyer would have to file a form 1 and get approval from the ATF to build a soda bottle suppressor. There’s no way ATF is giving approval, certainly not in a manner timely enough to beat them in court. And no lawyer worth his salt is going to commit a felony NFA violation to win a case that should be provable without it.

      • M40

        The ATF’s linchpin (sic) has to be “intent.”???

        Seriously? You’re going with the Hillary Clinton defense? You think they have to prove he INTENDED to break the law?

        Try that next time you get pulled over. “Gee officer… I didn’t INTEND to do a hundred miles an hour… and unless you can prove intent, you gotta let me go!”.

        Unless we’re talking about the differences between murder 1 and murder 2 (where “prior intent” is a criteria specified in the definition of murder 1)… intent has no bearing in a legal defense.

        In fact, the legal system doesn’t even care if you were AWARE of a law… ignorance is not a defense either. This is yet another fact of life for everyone except Hillary Clinton.

        • David Silverstein

          Not my word. ATF’s. Per Title 18 Section 921.24, “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.”

          Because this part, by itself, would not suppress the sound, they would have to demonstrate that it is INTENDED to be used for that purpose, with other parts as needed.

          • M40

            That has nothing to do with an accused person’s “intent”. Title 18, section 921 deals entirely with definitions of the LEGAL TERMS expressed in various laws (ie: the definition of a “school zone”).

            There’s no mention that they need to prove the accused’s “intent” to commit a crime. The crime happens in mere possession and/or transfer of a part that matches the legal description.

            So… “any COMBINATION OF PARTS, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer” – He wasn’t selling a kit, so this shouldn’t apply at all.

            AND

            “any part intended ONLY for use in such assembly or fabrication.”
            – They’d need to prove that the part he was selling couldn’t be used for any other purpose. He was selling it as a muzzle brake. Heck, if he shows the court how to make a lovely lamp out of it by adding wires and a bulb, then this part becomes moot. I think this will be tossed if he decides to fight it (and has a halfway decent lawyer).

          • David Silverstein

            Yes. That’s my point. The legal definition of a suppressor is written in such a way that they would just about have to catch you using it as a suppressor or marketing it as a suppressor or suppressor kit (or admitting that you’ve used it as a suppressor).

  • desertcelt

    When Trump is owned by Soros and the Saudis, you’ll have a case. With his wealth and following that will never happen.

  • evi1joe

    Looks like a loooong muzzle brake to me. I hope he has a good lawyer–wish the gun industry and all of us who know how ridiculous this is would help him out.

  • thomas jefferson

    YOUR GOING TO HAVE TO FIGHT THESE TERRORISTS,I would highly recommend you be completey ready when they come after the earthquake,AND they will be coming with their UN MILITARY FRIENDS,they all work for SATAN,like the FBI AGENT who was caught in the TRUMP TOWERS with a GUN that had NO ID NUMBERS on it and a silencer THAT said property of the US GOVERNMENT,so it looks like they don’t follow their own rules,SO REMEMBER THESE GUYS ARE THE CONSTITUTIONS WORSE ENEMIES,they will fight for SATAN to the death,and then GOD will send them all to HELL…right where they came from…..BE READY THEIR COMING…….

  • Kentucky red

    Wish congress would pass the hearing protection act.Which is what suppressors are really for.

  • Core

    What a waste of tax dollars. How about we worry more about moronic operations like Fast and Furious, and less about muzzle attachments that are obviously not suppresors. Unless modified with additional components, this is not a moderator or suppressor. Yes the laws need to change.

  • Old Vet

    My Great-Great relatives flew it with honor, why shouldn’t I? Perhaps you need to calm down and go to a “safe space”.

    • TheSmellofNapalm

      Good to know racism and bigotry is still alive in some of the worse parts of the country.

      • Old Vet

        Sure is easy to throw those buzz words around, sonny boy….grow the hell up and come back when you have an understanding of history. If I am a racist, then every black on my block is also, for liking BLM…..

        • jay

          Actually, blm is a racist organization. With ties to soro’s, and the muslim brotherhood, cair, isna, nation of islam, the new black panthers, as well as other groups that may also be on terrorist watch lists. But their anarchy is supported by the leftists and socialists in our government and news media. But you are right, smells is a troll.

        • TheSmellofNapalm

          You go ahead and enjoy your symbol of slavery and national disobedience. The rest of the country, including me, is laughing at you in earnest.

  • Wzrd

    That last note is wrong. Everyone is GUILTY until you can prove your INNOCENCE.

  • jay

    “Remember, everyone is innocent until proven guilty in a court of law.”

    Except when dealing with the feds.

  • Dragonheart

    Doesn’t look like a silencer to me. Beside I have never seen/heard a true silencer that was actually silent, no such animal.

    The BATF is another government bureaucracy we can do without.

  • me ohmy

    I saw these on ebay and stayed FAR…FAR away.
    technically they are only muzzle brakes.. but if they fit a tube he made as well….aw yeah… he’s hosed

  • Duddly Doright

    From what I understand, the whole silencer thing was NOT about safety. It was to prevent hunting out of season during the depression.

  • Doom

    I dont see any threads on the end of that thing that could be used to thread on an outer tube, how the hell is this thing considered a suppressor component? how is it any more of a suppressor component than say… an AK 74 style muzzle brake?

  • Ask Disqus that’s what kicked it back

    • Diamondback

      They (the feds) must want me to shut up really, really bad I reckon.