Legalities of a "built in" suppressor? (New York)

[GunXpatriot]

I was looking around the internet and came across the GSG 5, a clone of the H&K MP5, but in .22lr. There is an SD variant, which has some other variances to the rifle, but has a "fake" suppressor. I checked this out on Wikipedia.

It says that the BATFE ruled that the "previously approves barrel shroud included with the GSG 5 SD to give the cosmetic appearance of a real supressor, was in fact a suppressor, despite being physically incapable of functioning as a suppressor, and therefore is regulated under the National Firearms Act. Ati, inc. instituted a recall of the item.

Now the definition of a suppressor is a device that is attached to a firearm (etc.), which is used to reduce the amound of noise generated by firing a weapon. This can also apply to parts, etc which will be used for a "muffle" effect or "silencing" effect, according to the BATFE.

This is the part I dont understand. As many know, silencers are completely banned in the state of New York. Many also know that there is a device known a a "Baffle". These are essentially what make suppressors "suppress". Here is the problem I have. There are many air rifle on the market with built-in baffleing. Such a rifle would include the Gamo Silent Cat. There are many others, but this is a prime example of a built in noise dampener.

How can a built in silencer be legal on an air rifle and not a normal firearm? They are both technically used for the same purpose, yet it is some sort of double standard. A device which cannot silence a rifle was recalled, yet a rifle with a built in "silencer" is perfectly legal, no matter where you live... No doubt the conventional firearm is far more deadly, however logic-wise, this makes no sense.

Does anyone think they can explain this oddity to me? It's things like this that I just have trouble understanding...

Quick Edit: Wouldnt a loophole be the fact that the silencer is built in? You arent reducing the report of the firearm if the firearm was designed to be quiet. It's like false logic... :'( Damn lawmakers...

 

[Don H]

Does the ATF regulate the sale and possession of air guns? Is an air gun classified as a “firearm” under Federal law?

The term “firearm” is defined in the Gun Control Act of 1968, 18 U.S.C. Section 921(a)(3), to include “(A) any weapon (including a starter gun), which will, or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon….” Based on Section 921(a)(3), air guns, because they use compressed air and not an explosive to expel a projectile, do not constitute firearms under Federal law — unless they are manufactured with the frames or receivers of an actual firearm. Accordingly, the domestic sale and possession of air guns is normally unregulated under the Federal firearms laws enforced by ATF.

We caution that ATF is not charged with enforcement or oversight of the firearms laws of States or localities. To determine possible restrictions on air guns where you reside, we recommend that you contact the office of your state Attorney General, the State Police, or other State/local law enforcement authorities for further guidance.

http://www.atf.gov/firearms/faq/firearms-technology.html

 

[Jo6pak]

It says that the BATFE ruled that the "previously approves barrel shroud included with the GSG 5 SD to give the cosmetic appearance of a real supressor, was in fact a suppressor, despite being physically incapable of functioning as a suppressor, and therefore is regulated under the National Firearms Act. Ati, inc. instituted a recall of the item.

My understanding, as it applies to the GSG, is that the fake suppressor was hollow in the original versions of both the GSG-5 and GSG-5SD. Since the "suppressor" shroud was threaded into the front of the reciever and not the barrel; the barrel could be cut off, and the fake suppressor easily modified to make it funtional. The recall was a change to the fake suppressor to make such a modification impossible.

At least that is how it has been explained to me.

Does anyone think they can explain this oddity to me? It's things like this that I just have trouble understanding...

welcome to firearms legislation. Not much of any of it makes much sense.

 

[FrankenMauser]

A device which cannot silence a rifle was recalled, yet a rifle with a built in "silencer" is perfectly legal,

It's not a rifle. It's an "airgun". ...that is how.

How can a built in silencer be legal on an air rifle and not a normal firearm? They are both technically used for the same purpose, yet it is some sort of double standard.

The suppressors you are seeing on air rifles have been designed to fall into a very specific loophole that the ATF has issued many opinion letters on. It, essentially, boils down to having to meet the following requirements:
It must be built in to the rifle. Any attempts to remove the device must render it inoperable, and/or destroy it.
It must be constructed in such a way, that rigging the suppressor up to a proper firearm will destroy the suppressor on the first shot (and should not suppress the report).

If it does not meet those requirements, then it must be registered, like any other suppressor.