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Penal Code § 33410 PC – Possession of a Silencer Defense Lawyer in Los Angeles & Orange County
Facing Silencer Charges in Southern California
Being charged with possession of a silencer under Penal Code § 33410 PC is one of the most serious firearm offenses in California. Prosecutors in Los Angeles County and Orange County treat these cases as high-stakes matters involving public safety. A conviction can lead to years in prison, permanent loss of firearm rights, and a lifelong felony record.
At Power Trial Lawyers, we understand the devastating impact a weapons charge can have on your future. Our team has defended clients in some of the toughest criminal courts across Southern California. If you are facing charges for PC 33410 possession of a silencer, you need an experienced and aggressive defense attorney on your side immediately.

What Is Penal Code § 33410 PC?
California law under Penal Code § 33410 PC makes it illegal to:
- Possess
- Manufacture
- Import
- Sell
- Or keep for sale
any silencer or device designed to muffle, suppress, or diminish the sound of a firearm.
In everyday language, this applies to both “silencers” and “suppressors.” Even if the device is not attached to a firearm, simply having one in your possession can result in criminal charges.
California’s restrictions go beyond federal laws under the National Firearms Act (NFA), which requires special permits and registrations for silencers. In California, possession is generally banned outright.
Why Possession of a Silencer Is Treated So Seriously in California
California lawmakers and prosecutors take a strict stance on firearms modifications. Silencers are seen as especially dangerous because they are believed to conceal gunfire, making it harder for law enforcement or bystanders to respond to shootings.
In Los Angeles and Orange County, prosecutors often pursue these charges aggressively, particularly if:
- The silencer was found along with a firearm
- The defendant has a criminal record
- The case involves gang enhancements
- The silencer was allegedly used in connection with another crime
Because silencers fall under both state and federal law, there is always the risk of dual prosecution, where both state and federal charges may be filed.
Penalties for Possessing a Silencer Under PC 33410
The consequences for violating Penal Code § 33410 PC can be life-altering.
Felony Penalties
Most silencer cases are charged as felonies, carrying:
- Imprisonment: 16 months, 2 years, or 3 years in California state prison
- Fines: Up to $10,000
- Permanent firearm ban: A felony conviction prohibits you from owning or possessing firearms for life
- Criminal record impact: Employment restrictions, loss of professional licensing, and immigration consequences for non-citizens
Misdemeanor Penalties (Rare)
In some unusual cases, prosecutors may file misdemeanor charges instead of a felony. Misdemeanor penalties may include:
- Up to 1 year in county jail
- Substantial fines
- Possible probation
Aggravating Factors
Prosecutors are more likely to pursue maximum penalties if:
- You have prior convictions (especially for firearms or violent crimes)
- The silencer was discovered with an operable firearm
- The case includes allegations of gang involvement
- The silencer was allegedly used during the commission of another crime
Defenses to Penal Code § 33410 Charges
Every case is unique, and the right defense strategy depends on the circumstances. At Power Trial Lawyers, we carefully investigate the facts, challenge the prosecution’s evidence, and build the strongest defense possible.
1. Illegal Search and Seizure
If the silencer was discovered during an unlawful search, we may be able to suppress the evidence. If law enforcement violated your Fourth Amendment rights, the case can collapse.
2. Lack of Knowledge or Intent
Prosecutors must prove you knew you possessed a silencer and understood its function. If you were unaware that the device was in your possession, or that it qualified as a “silencer” under the law, this can form a defense.
3. The Item Was Not a Functional Silencer
Not every device seized by police is legally a silencer. We may use expert testimony to demonstrate that the item in question was not designed to muffle firearm sound.
4. Exceptions for Authorized Individuals
Certain law enforcement and military personnel may be authorized to possess silencers. If you fall into one of these categories, charges may not apply.
Why You Need an Experienced Firearms Defense Lawyer
Firearm laws in California are some of the most complex and restrictive in the country. A conviction under PC 33410 not only brings immediate penalties but can also permanently impact your rights, career, and reputation.
Hiring an attorney who understands firearms law is critical. At Power Trial Lawyers, we:
- Challenge illegal police searches and evidence collection
- File pretrial motions to dismiss or reduce charges
- Negotiate strategically with prosecutors
- Defend aggressively in trial when necessary
- Explore appeal options if you have already been convicted
Our attorneys are respected across Los Angeles and Orange County courts, including:
- Los Angeles County: CCB (Downtown Los Angeles), Van Nuys, Compton, LAX Courthouse
- Orange County: Central Justice Center in Santa Ana, Westminster Courthouse, Fullerton Courthouse
Power Trial Lawyers – Defending Clients Against PC 33410 Charges
At Power Trial Lawyers, we pride ourselves on being more than just defense attorneys. We are trial lawyers who thrive in the courtroom. When your freedom is on the line, you need a team that prosecutors know will not back down.
We take a personalized approach to every case:
- Immediate investigation of the facts
- Working with forensic and firearms experts
- Crafting strong defense strategies tailored to your goals
- Keeping you informed and supported through every stage
Our reputation as aggressive and effective defense counsel is built on years of success in firearms cases, appeals, and criminal defense litigation.
FAQs About Penal Code 33410 Possession of a Silencer
What is Penal Code 33410?
It is the California law that makes it illegal to possess, manufacture, sell, or import silencers (suppressors).
Is possession of a silencer always a felony in California?
Most cases are charged as felonies, but in rare situations, prosecutors may file misdemeanor charges.
What happens if a silencer is found in my car?
You can still be charged under PC 33410, even if the silencer is not attached to a firearm.
Can federal charges be filed alongside state charges?
Yes. Because silencers are also restricted under federal law, there is always a risk of facing federal prosecution.
What defenses can a lawyer use against a PC 33410 charge?
Possible defenses include illegal search and seizure, lack of knowledge, proving the device was not a silencer, or lawful possession exemptions.
Will I lose my gun rights if convicted?
Yes. A felony conviction under PC 33410 will result in a permanent lifetime ban on firearm ownership.
Call Power Trial Lawyers Today
If you are facing charges for possession of a silencer under Penal Code § 33410 PC, you cannot afford to wait. The sooner you hire an experienced defense lawyer, the stronger your chances of protecting your rights.
At Power Trial Lawyers, we have the knowledge, skill, and courtroom experience to fight aggressively for you. Our attorneys are recognized leaders in firearms defense across Los Angeles and Orange County.
Call us today at (888) 808-2179 for a confidential consultation. We are available 24/7 to protect your freedom and your future. Consult with a lawyer today.