Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
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According to CRS 18-12-102, it is a Colorado felony to knowingly possess dangerous weapons – which includes silencers.1
A first-time conviction of possessing a dangerous weapon like a silencer is a class 5 felony carrying:
And a second or subsequent conviction is a class 4 felony, carrying:
However, you can possess silencers if you have a National Firearms Act (NFA) tax stamp for it. Learn more about the NFA at the ATF website.
A silencer is an accessory to a firearm. You can add one to a gun to suppress the noise the gun makes when it is fired. It can also cover the flash of the gun’s muzzle when it discharges.
Silencers are also known as:
Many silencers are manufactured by large companies. However, silencers can also be assembled from other parts. Both of these types of silencers are regulated by gun laws.
Gun laws that regulate silencers can come from the federal government and the state government.
There are three defenses to a charge of possessing a dangerous weapon, such as silencers. These are:
In Colorado, some people argue that since there are no permits or licenses available to own a silencer, silencers are therefore legal. But the letter of the law indicates that silencers are illegal.
Guns are also within the scope of federal law. Those federal gun laws, though, do not ban silencers. Instead, they regulate silencers by requiring silencer owners to:
The federal law that regulates silencers is the National Firearm Act, or NFA. The NFA puts firearms and accessories into categories. Silencers fall into Class 3 NFA items.
The NFA regulates Class 3 items at the point of transfer.
In order to buy a silencer, you have to:
That paperwork requires lots of personal information, including:
You will have to send this paperwork to the Bureau of Alcohol, Tobacco, Firearms and Explosives. You will also have to send a copy to your local law enforcement agency. This additional copy is to notify the local police of your purchase of a Class 3 NFA item.
The following states have banned silencers:
Other states may have regulations that you have to comply with before crossing state lines. Unlike for other Class 3 NFA items, federal law does not require you to notify the Bureau of Alcohol, Tobacco, Firearms and Explosives before crossing state lines with a silencer.
Learn more about Colorado gun laws.
Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.