PA law on removable air rifle "moderators"

**McSull** · June 21st, 2020, 12:06 PM

Anyone here familiar with the laws in PA pertaining to removable air rifle moderators?

http://www.tko22.com/Section1.html

Looking at quieting down an air rifle. I know the integral moderators are good to go. What about screw on?

**aubie515** · June 21st, 2020, 12:13 PM

Buy an LDC/moderator from a reputable company like Neil Clague and you will be GTG

**abner13** · June 21st, 2020, 01:32 PM

Air rifles are not considered firearms at the Federal level. Thus there is no BATF rules. There is also no PA 'preemption' concern and locals can pass all the ordinances they want , including outright bans.

In NJ , air guns are regulated and registered basically the same as firearms.

**eatmydust** · June 21st, 2020, 03:28 PM

Sight in your air rifle using lead pellets, the lead pellets are subsonic, so no sonic crack, and hard hitting. With my air rifle, I can shoot through a 1/2" pine board with lead, whereas alloy pellets are stopped by the board.

**McSull** · June 21st, 2020, 05:25 PM

Originally Posted by eatmydust

Sight in your air rifle using lead pellets, the lead pellets are subsonic, so no sonic crack, and hard hitting. With my air rifle, I can shoot through a 1/2" pine board with lead, whereas alloy pellets are stopped by the board.

It's not the sonic crack I'm trying to remove, it's the rapid expansion of gases. I only shoot 22 and 25. Difficult to get supersonic with those out of an air rifle.

**gnbrotz** · June 21st, 2020, 05:32 PM

Originally Posted by abner13

Air rifles are not considered firearms at the Federal level. Thus there is no BATF rules. There is also no PA 'preemption' concern and locals can pass all the ordinances they want , including outright bans.

In NJ , air guns are regulated and registered basically the same as firearms.

So how does one argue that the "moderator" they possess for a .22 air rifle is not a "supressor" for their .22LR firearm? The device itself is regulated, in that you can get in trouble for having one illegally even if you have NOTHING to attach it to.

**General Geoff** · June 21st, 2020, 05:36 PM

Originally Posted by gnbrotz

So how does one argue that the "moderator" they possess for a .22 air rifle is not a "supressor" for their .22LR firearm? The device itself is regulated, in that you can get in trouble for having one illegally even if you have NOTHING to attach it to.

Could it be permanently affixed to the barrel of the air rifle?

**zachomega** · June 21st, 2020, 06:09 PM

Originally Posted by gnbrotz

So how does one argue that the "moderator" they possess for a .22 air rifle is not a "supressor" for their .22LR firearm? The device itself is regulated, in that you can get in trouble for having one illegally even if you have NOTHING to attach it to.

Different thread pitch. Intent.

But I'll tell you, i wouldn't want to be the test case.

I was literally just looking into all of this for the exact same reasons. My conclusion was that I'll eventually be buying a quieter air rifle with an integral moderator. My current air rifle does have an integral moderator but it isn't very effective.

-Zach

**Mosinshooter762** · June 21st, 2020, 06:53 PM

Beware that BATFE has attempted to treat non-integral air gun sound moderators or suppressors as firearm silencers, at least in the past. There is at least one US Circuit Court of Appeals decision that I am aware of that pushed back on BATFE and the DOJ on this. The case is United States vs. Crooker 608 F.3d 94 (1st Cir. 2010) from the US Court of Appeals for the 1st Circuit (Link: https://caselaw.findlaw.com/us-1st-circuit/1527670.html) I am not aware of anything from the US Circuit Court of Appeals for the Third Circuit, where Pennsylvania is located in, interpreting the National Firearms Act or anything from the Pennsylvania Courts interpreting the Prohibited Offensive Weapons statute, with respect to air gun sound moderators or suppressors. Maybe someone here can share some up to date information that I am not aware of.

From the text of the statute, it is not obvious that air gun sound moderators or suppressors are regulated under the NFA when used for their intended purpose on air guns, but beware of judges like Justice Gorsuch. Justice Gorsuch recently demonstrated that a "textualist" judge could opine that the words of a statute may prohibit conduct or devices that Congress did not intend to prohibit or couldn't even envision they were prohibiting. Proceed with caution.

**bugout** · June 26th, 2020, 02:48 PM

Originally Posted by zachomega

Different thread pitch. Intent.

But I'll tell you, i wouldn't want to be the test case.

I was literally just looking into all of this for the exact same reasons. My conclusion was that I'll eventually be buying a quieter air rifle with an integral moderator. My current air rifle does have an integral moderator but it isn't very effective.

-Zach

1/2-20 vs 1/2-28... also many use plastic internals - not that this wouldnt work for a firearm at least once, but not made for it.
may or may not have Weihrauch Moderator; these are also very easily built with pvc 1 to 1 & 1-2" dia/ fender washers/ springs and soft material to wrap springs in... so i have heard