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Thread: OC with a silencer?

  1. #1
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    I spend a month or two in AZ every year staying with my family in the Tucson area. I usually carry a Sig 220 combat OC. but I recently purchased a silencer for it and was wondering if anyone had ever OC'd a gun with a silencer attached. Is it legal, is it ill advisable or what. I am planning a trip down there for theholidays and trying to decide if I should bring it along.

  2. #2
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    I'm not an expert on this but I believe that a silencer is considered restricted by the National Firearms Act of 1934. My opinion is that even with the ATF-issued permit to have it, it would not be a good idea to make it known that you have it. I assume that so few people have silencers legally that carrying a gun around visibly with one attached would likely cause an unwanted police encounter. Since these are regulated federally, the police may not be aware of the legalities behind it and you could end up downtown while they figure it out. It is possible that even if it is legal in accordance to federal law, it may be illegal according to state law. Just my opinion but I could be wrong.

  3. #3
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    Does anyoneknow about the laws regarding this?

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    If the silencer is registered, it is legal to possess it in Arizona. There is no law that prohibits the open carry of it alone or attached to a pistol. But read on...

    Arizona prohibits "Manufacturing, possessing, transporting, selling or transferring a prohibited weapon" - by anybody. See ARS 13-3102.A.3

    http://www.azleg.gov/FormatDocument....mp;DocType=ARS

    Prohibited weapons are defined in ARS 13-3101.A.7

    http://www.azleg.gov/FormatDocument....mp;DocType=ARS

    the list includes:

    "(b) Device that is designed, made or adapted to muffle the report of a firearm."

    However, NFA registered items and C&R itemsare exempted in 13-3101.B:

    "B. The items set forth in subsection A, paragraph 7, subdivisions (a), (b), (c) and (d) of this section do not include any firearms or devices that are registered in the national firearms registry and transfer records of the United States treasury department or any firearm that has been classified as a curio or relic by the United States treasury department. "

    So, a registered silencer under A.7(b),or registered: automatic weapons, short-barreled rifles or shotguns- are not prohibited to possess in AZ. Hoo-Ah!

    HOWEVER, it's important to note that having a silencer attached to an OC pistol could cause a concern by LEover your intent. The issue is most localities (including Tucson)have strict restrictions on the discharge of firearms, and the state does, too. Having a silencer attached could be viewed as your intention to attempt to muffle a discharge in an area whereit is prohibited. Do you really want to risk arrest on suspicion of discharging a weapon only to have to prove you didn't? If your gun was found to be fully loaded, clean, and your hands/arms/clothestest negative for powder residue, and you can prove the silencer is registered to you,they'll likely drop the charges and let you go. Does that sound like a fun way to spend a few hours - in the holding cell while they decide whether or not they can charge you?

    In my opinion, having a silencer on an OC pistol just doesn't make sense. There is simply no legitimate reason for having one on a carry weapon, and I'll bet that is how most LEOs feel about them. A silencer screams, "I'm trying to get away with something illegal, likeplinking where I'm not allowed to." Like within a mile of an occupied structure, which is a felony in AZ (see ARS 13-3107 on the AZ Legislature site in the links above). Or, maybe it means you plan to do some covert drive by shootings. I dunno - it just projects the wrong image. Save the silencer for desert target practice away from attention of strangers, not your carry sidearm.You mightreason that "a silencer will save my hearing in a shootout", and I say, "the other guy's gun fired at you will still be reallyDAMN LOUD!"

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    So Arizona cops operate on the guilty until proven innocent policyhuh?



  6. #6
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    Unfortunately, there is such an influx in AZof ignorant Californians that they call the cops to complain about people who are simply obeying the law and openly carrying. The cops have to respond to any calls they get, and determine if the complaint they are responding to has merit or not.There are several posts in this forum about LEO encounters in AZ and they all seem to stem from an ignoramous' complaint. I don't blame the cops, I blame the ignorant newcomers who make false or unsubstantiated complaints (and there are no repercussions to them for doing so). A bird could **** on the roof of their car and they call 911 and say "I think a guy shot at my car; he hasa silencer on his gun; I heard a thunking sound.". So, how do you convince the cops youDIDN'T fire a silenced pistol? Best case, they will obviously need todetain you, disarm you, examine your weapon, then hand it back and send you on your way. Yes it sucks, but the 911 complaint gives them probable cause. You can also blame the 911 dispatchers who don't seem to get much training on screening these bogus complaints.

    When it comes to possible weapons misconduct, these days it does seem more often than notyou are presumed guilty until proven innocent. Not just in AZ, but any state.

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