California Penal Code § 33410 – Possession of a Silencer Defense Lawyer in Los Angeles & Orange County

Introduction: Facing Silencer Charges in California

Being arrested for possession of a silencer under Penal Code § 33410 can feel overwhelming and life-altering. In California, silencers are heavily restricted, and prosecutors often pursue these cases aggressively. A conviction can mean years in prison, hefty fines, and a permanent mark on your criminal record.

At Power Trial Lawyers, we understand that good people can find themselves facing serious firearm allegations. Our team defends clients across Los Angeles and Orange County against firearms charges, appeals, and related criminal defense matters. If you or a loved one has been charged under PC 33410, you need an experienced firearms lawyer in Los Angeles or criminal defense attorney in Orange County who knows how to fight back.

What is California Penal Code § 33410?

Under Penal Code § 33410, it is a crime to possess, transport, sell, or give away a silencer (also known as a suppressor). A silencer is defined as any device designed to muffle or suppress the sound of a firearm.

Unlike some other states, California law imposes an outright ban on silencers for civilians. This makes it a strict liability offense—meaning the prosecution doesn’t have to prove you intended to use the silencer illegally, only that you possessed it.

Penalties for Possession of a Silencer

Violating PC 33410 is considered a wobbler offense, meaning it can be charged as either a misdemeanor or felony depending on the facts of the case and the defendant’s history.

Misdemeanor Penalties:

• Up to 1 year in county jail
• Fines of up to $1,000
• Probation with strict firearm restrictions

Felony Penalties:

• 16 months, 2 years, or 3 years in California state prison
• Fines up to $10,000
• Permanent loss of gun ownership rights
• Potential immigration consequences for non-citizens

Because silencers are also regulated under federal law (National Firearms Act), you may face federal charges in addition to California state charges.

Common Defenses Against Penal Code 33410 Charges

An experienced possession of a silencer defense attorney can raise strong defenses to protect your rights. At Power Trial Lawyers, we explore every avenue to challenge the prosecution’s case.

1. Illegal Search and Seizure

If police found the silencer during an unlawful stop, search, or seizure, evidence may be suppressed under the Fourth Amendment, often resulting in dismissal.

2. Lack of Knowledge

If you did not know that the device was a silencer, or that it was in your possession (for example, borrowed property or items left in your vehicle), this may be a valid defense.

3. Not a “Silencer” Under the Law

Sometimes law enforcement mistakes other devices (such as barrel extensions or muzzle brakes) for silencers. Expert testimony can show that the item does not meet the statutory definition.

4. Constitutional Violations

If your rights were violated during questioning, evidence gathering, or arrest, your defense lawyer can move to exclude key evidence.

5. Chain of Custody Issues

If the prosecution cannot establish a clean chain of custody for the alleged silencer, the case may be weakened.

Why You Need a Firearms Lawyer in Los Angeles or Orange County

Firearms cases in California are high-stakes and often involve aggressive prosecutors, strict sentencing laws, and overlapping federal issues.

At Power Trial Lawyers, we stand out because:

• We focus on criminal defense, firearms charges, and appeals across Southern California.
• We know the judges, prosecutors, and courthouses in Los Angeles and Orange County.
• We craft custom defense strategies designed to reduce charges, negotiate favorable outcomes, or win at trial.
• We provide empathetic, client-centered representation, understanding the stress these cases cause for you and your family.

Related Firearm Charges in California

Many clients charged with PC 33410 also face related firearm allegations, including:

• Penal Code § 25400 – Carrying a Concealed Firearm
• Penal Code § 30600 – Possession of Assault Weapons
• Penal Code § 29800 – Felon in Possession of a Firearm
• Federal Firearms Charges under the NFA

Our firm defends all firearms-related charges, ensuring that every aspect of your case is handled by skilled defense counsel.

FAQs About Penal Code 33410 – Possession of a Silencer

Is possession of a silencer always a felony in California?

No. PC 33410 can be filed as a misdemeanor or felony, depending on circumstances. However, prosecutors often lean toward felony charges, especially if other firearm offenses are involved.

Can I legally own a silencer with a federal tax stamp?

No. Even if federally registered under the National Firearms Act, silencers are still banned in California under Penal Code § 33410.

Will a conviction affect my gun rights?

Yes. A conviction under PC 33410 will likely result in permanent firearm prohibitions under both state and federal law.

Can these charges be dismissed?

Yes. With the right defense, cases can be reduced or dismissed—especially if the evidence was obtained illegally or the prosecution cannot prove its case beyond a reasonable doubt.

Take Action Now – Call Power Trial Lawyers

If you or someone you love is facing Penal Code § 33410 charges for possession of a silencer in Los Angeles or Orange County, do not wait. These cases move quickly, and early intervention by a skilled attorney can make all the difference.

At Power Trial Lawyers, we fight tirelessly to protect your rights, your freedom, and your future. Call us today at 888-808-2179 for a confidential consultation.