WA AG opinion on gun suppression devices.

[Ranb]

After the Kitsap Rifle and Revolver Club was sued over noise complaints, I was asked to make a shooting box to tame the loud noises of the high powered rifles. RCW 9.41.250(c) bans the use of any device or contrivance that suppresses the noise of a firearm. I had always thought this meant the typical silencer, but I was told by the County Prosecutor that the broad nature of the statute prohibits anything that suppresses gun noise.

I asked Representative Finn to request an Attorney General opinion on the matter. The first request was rejected for some reason, but Finn wrote again and was told that an informal opinion would be written. I got it from his office today.

While formal and informal (written by AG employees) opinions do not have the force of law, they are supposedly well respected by the courts. I forwarded the opinion to the Kitsap County Prosecuting Attorney and asked if he agreed with the AG opinion. I should be free to erect any type of noise abatement device now.

Here is the opinion. It is illuminating.








Ranb

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[mjbskwim]

I told ya brother.You kept after this and look what you got.
Very good job.

A few conexsa and some heavy duty insulation,and you have some "covered shooting rooms"

 

[Ranb]

I sent a copy of the AG opinion to Russ Hauge, the Kitsap County Prosecutor who told me that using my shooting box would be illegal. He agrees with the AG. He replied in part;

The AG reads the statute as being concerned with devices that are made an integral part of a particular firearm. Thus, though not directly addressed, portable or fixed suppression devices not designed to move with a firearm would be outside the scope of the prohibitions.

The AG's discussion of the rule of lenity is just as important as the analysis of RCW 9.41.250. Certainly this statute is old and ambiguous. The AG opinion adds another layer of law to be interpreted. Our obligation as prosecutors is to analyze criminal statutes in the light most favorable to a potential defendant. Even if we were interested in pursuing persons undertaking good faith efforts to preserve peace and quiet, I think a prosecution for construction or use of the device you have described is impossible.

I thought I needed to go after another amendment to RCW 9.41.250(c) even after (or if) the silencer use bill passed. But now I don't need to. Can move on to something else now.

Ranb

 

[mjbskwim]

You get the machine and I will come down and level off all the pads for you for free.
Ex heavy equipment operator here.
And set them for you.

 

[Ranb]

The club is deciding what to do with this new found freedom. If they are still open in March after the trial and the lawyers have not sucked away all the money, we can put in some more and better noise abatement than I can make from old house doors.

Ranb

 

[MarkAd]

Great Ranb,
I just got a reply from the AG's with the opinion you shared. I am very glad. Good job mate.

 

[atypicalparkie]

Well done Ranb! I think your noise reducing designs are rad & will do the trick. But if y'ever want some input from this audio/acoustic design/noise abatement-consultant-geek, lemme know

 

[Jamie6.5]

!!!

 

[Ranb]

Thanks guys. Still need to push for the silencer use bill.

Ranb

 

[Nwcid]

Great job.

Still one HUGE problem with that letter:

"The use of silencers on firearms is generally associated with criminal activity.........."

The other work you have done PROVES this 100% wrong. Since "the use of silencers on firearms is NOT generally associated with criminal activity" we should be good to go with that too

I know that is not the way it works but that in a ways proves how dumb so of this is.

 

[Ranb]

Well in Washington State all silencer use is criminal, even those used by the police. It is a sad fact. I do hope to change that.

Ranb

 

[Ranb]

Well done Ranb! I think your noise reducing designs are rad & will do the trick. But if y'ever want some input from this audio/acoustic design/noise abatement-consultant-geek, lemme know

I want to get a meter/microphone that will accurately determine the intensity of gunfire noise, but I hear that a suitable combo costs around $3500 because the mic needs a minimum 20 micro second rise time to do the job. I also heard that a microphone and oscilloscope can do it too. Any advice on a setup that will do the job would be nice.

Ranb

 

[PBinWA]

Thanks again for your hard work Randy!

 

[mjbskwim]

I was talking about this to a couple guys yesterday.One told me the silencer law was an old kick back to varmint poaching? from the 40s?
Sounds about right,a law that really has nothing to do with modern times

Now the other guy said they made some "silencers" from old tires.
Shooting through the tires.Sounds like it should work (pun not intended)