Pennsylvania Firearm Owners Association
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  1. #1
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    Default Suppressor legality question

    I know its illegal to carry a suppressor for defense purposes, but what about for home defense? I figure having one on with subsonic ammo would help keep my concentration with follow up shots. So, what's the deal with them?

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    Default Re: Suppressor legality question

    I know its illegal to carry a suppressor for defense purposes
    I'm not sure the exact law on this, but if what you say is true then that is news to me. From what I have heard and read you can carry your suppressor as long as you have all the paperwork with you. Should you be stopped by the police (which you shouldn't unless you're doing something illegal... but we all know how that goes) they may give you a hard time, but it's just as legal to have the suppressor as the it is for the gun that goes with it.

    If you use it in a self defense situation, they may try to hold it against you in court, but as long as the shooting was legal, the suppressor shouldn't be an issue.

    This is all assuming of course that you have the tax stamp for the suppressor and a LTCF when you're carrying it. You could open carry and not need the license, but from what I've heard seeing the suppressor might give a cop a valid reason to stop you, since it requires the paperwork. Either way, I personally wouldn't want to draw any extra attention to the suppressor.

    As for home defense, I think having a suppressed weapon for indoors shooting is a good idea, and I've heard a number of people on here say they do that exact thing.

  3. #3
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    Default Re: Suppressor legality question

    Quote Originally Posted by NShortino View Post
    I'm not sure the exact law on this, but if what you say is true then that is news to me. From what I have heard and read you can carry your suppressor as long as you have all the paperwork with you. Should you be stopped by the police (which you shouldn't unless you're doing something illegal... but we all know how that goes) they may give you a hard time, but it's just as legal to have the suppressor as the it is for the gun that goes with it.

    If you use it in a self defense situation, they may try to hold it against you in court, but as long as the shooting was legal, the suppressor shouldn't be an issue.

    This is all assuming of course that you have the tax stamp for the suppressor and a LTCF when you're carrying it. You could open carry and not need the license, but from what I've heard seeing the suppressor might give a cop a valid reason to stop you, since it requires the paperwork. Either way, I personally wouldn't want to draw any extra attention to the suppressor.

    As for home defense, I think having a suppressed weapon for indoors shooting is a good idea, and I've heard a number of people on here say they do that exact thing.
    For carry purposes I am nearly 100% sure its illegal to carry a suppressor on the handgun because at that point it becomes an offensive weapon. Having the suppressor with you is legal of course. But I have no interest in carting around a can because if I do use my gun I want it heard by many and hopefully the police will be notified by it and come to the scene. Indoors in a bedroom is a different story though...

  4. #4
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    Default Re: Suppressor legality question

    Quote Originally Posted by FCRPhila View Post
    For carry purposes I am nearly 100% sure its illegal to carry a suppressor on the handgun because at that point it becomes an offensive weapon.

    Well if it's illegal (news to me), then it should be listed somewhere in the state penal code or in some state law, local or Sheriffs legal codes. Let us know where you saw this listed so we can verify it ourselves.

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    Default Re: Suppressor legality question

    Quote Originally Posted by FCRPhila View Post
    For carry purposes I am nearly 100% sure its illegal to carry a suppressor on the handgun because at that point it becomes an offensive weapon.
    If you're going to make a claim like that, you should post proof. From what I've been told, it's legal to carry one.
    Last edited by mollymayhem82; December 4th, 2010 at 10:55 PM.

  6. #6
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    Default Re: Suppressor legality question

    There is no PA law against carrying a silenced weapon for defensive purposes, as long as the silencer is registered to you under the NFA, and you have a valid LTCF.

    Section 908 (of Title 18) is the applicable statute. It explicitly makes NFA compliance a defense.

    That being said, it's probably a bad idea. Any jury would lean towards thinking that you were looking for trouble if you wandered the streets with a silenced gun.

  7. #7
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    Default Re: Suppressor legality question

    Well humbly I must retract what I said. I could find no law prohibiting it. I know I've read that statement about defensive becoming offensive, so I'm going to say that must have pertained to another state. Anyway, it may be de facto legal but still damn stupid. If you use it a lawyer will have a field day with it.

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    Default Re: Suppressor legality question

    Quote Originally Posted by FCRPhila View Post
    Well humbly I must retract what I said. I could find no law prohibiting it. I know I've read that statement about defensive becoming offensive, so I'm going to say that must have pertained to another state. Anyway, it may be de facto legal but still damn stupid. If you use it a lawyer will have a field day with it.
    I'm not sure why it would be stupid. If a lawyer or jury is going to use the silencer as their selling point that your were looking for trouble, they would probably be using that same argument about the gun in general, so it wouldn't make much of a difference. And the argument could be made in your defense that you were just looking to limit any possible hearing damage to those around should you need to use it. Either way, they shouldn't hold something against you if it's completely legal.

    I agree that the gunshot being audible is important in getting the attention of police or other help, but it's not like the silencer makes it whisper quiet. I personally don't think I would carry a suppressed pistol though, simply because of the added bulk and it being harder to conceal. Not to mention that the wait to get one is annoying enough, I'd hate to have to wait to get it back from the police if it was confiscated by a cop who didn't know it was legal.

  9. #9
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    Default Re: Suppressor legality question

    Quote Originally Posted by NShortino View Post
    I'm not sure why it would be stupid. If a lawyer or jury is going to use the silencer as their selling point that your were looking for trouble, they would probably be using that same argument about the gun in general, so it wouldn't make much of a difference. And the argument could be made in your defense that you were just looking to limit any possible hearing damage to those around should you need to use it. Either way, they shouldn't hold something against you if it's completely legal.

    I agree that the gunshot being audible is important in getting the attention of police or other help, but it's not like the silencer makes it whisper quiet. I personally don't think I would carry a suppressed pistol though, simply because of the added bulk and it being harder to conceal. Not to mention that the wait to get one is annoying enough, I'd hate to have to wait to get it back from the police if it was confiscated by a cop who didn't know it was legal.
    Your jury pool will be drawn from people whose knowledge of firearms comes almost entirely from movies and television. They "know" that powerful magnum handguns will lift the victim off his feet and throw him backwards through windows or walls. They "know" that any military-style gun is just a few seconds of filing away from being a machinegun, and that "high capacity clips" are infinite in capacity, letting you shoot hundreds and hundreds of rounds without reloading so that you can participate in running gun battles without worrying about running out. And real assassins all use laser sights so that potential victims will have a few seconds to realize they're in danger, and know instantly where the sniper is.

    And they know that only assassins use silencers. Just like only stalkers put mufflers on their cars.

    I agree that a silencer is a dandy device for avoiding permanent hearing loss, if you're forced to defend yourself inside a building or in an alley or inside your car. But I won't be on your jury. Oprah viewers and CSI fans will be judging your actions, and your fate will be sealed by the falsehoods that they "know".

  10. #10
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    Default Re: Suppressor legality question

    Quote Originally Posted by GunLawyer001 View Post
    Your jury pool will be drawn from people whose knowledge of firearms comes almost entirely from movies and television. They "know" that powerful magnum handguns will lift the victim off his feet and throw him backwards through windows or walls. They "know" that any military-style gun is just a few seconds of filing away from being a machinegun, and that "high capacity clips" are infinite in capacity, letting you shoot hundreds and hundreds of rounds without reloading so that you can participate in running gun battles without worrying about running out. And real assassins all use laser sights so that potential victims will have a few seconds to realize they're in danger, and know instantly where the sniper is.

    And they know that only assassins use silencers. Just like only stalkers put mufflers on their cars.

    I agree that a silencer is a dandy device for avoiding permanent hearing loss, if you're forced to defend yourself inside a building or in an alley or inside your car. But I won't be on your jury. Oprah viewers and CSI fans will be judging your actions, and your fate will be sealed by the falsehoods that they "know".
    Somebody rep him for me please, since the system's not letting me do it myself.

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