Posted on 04/26/2021 4:35:32 AM PDT by marktwain
U.S.A. –-(AmmoLand.com)- On 7 January 2020, John Andrews was the target of a “controlled delivery”. A controlled delivery is where contraband has been intercepted and is delivered to a suspect as part of a warrant for a search. Acceptance of the parcel containing the contraband is part of the necessary conditions for service of the warrant.
The warrant claimed the solvent trap was an illegal silencer. New York is one of only eight states where it is completely illegal to possess a silencer.
Agencies present at the controlled delivery and warrant service were West Seneca Police, Agents of Homeland Security, the ATF, Customs, and the Postal Inspector’s office. Andrews had several firearms and firearms parts, legally obtained and possessed, in his home. He was indicted on six felony charges.
The warrant was not legally obtained. All charges were dismissed on 14 January 2021. From buffalonews.com:
The problem with the warrant a West Seneca police detective got for Andrews’ home, which was based on information supplied by federal agencies, was this: they told a town justice Andrews was getting a “silencer” shipped to him, not a solvent trap.
“The choice of words used by the police in the application were persuasive and wrong,” Justice Christopher J. Burns wrote in his Jan. 14 decision. “As a result, this court must find there was a reckless disregard for the true nature of the item and must suppress any items recovered through the search warrant.”
All of the charges appear to be based on New York State statutes, not Federal statutes. If there were federal violations, the charges would
(Excerpt) Read more at ammoland.com ...
But then again so can a potato...
The ‘evidence’ must be suppressed. .. with what ?
Effective silencers are very easy to make, in many different ways. Potatoes are not one of them.
As the owner of a tool and die shop I can affirm this is nothing but a tube with a sleeve through the center and easily made into a suppressor if someone wants to.
The only real issue you have arguing it’s not is the 1/2”- 28 threads which are not common to any type of fluid fitting at all.
Just about anything can be made into a suppressor, and to be honest a damn oil filter works (from what I have seen on YouTube) better than these things anyways.
Yep, but that won’t prevent a zealous prosecutor with political ambitions from persecuting you, now will it?
He must have clicked the ads on Facebook.
Any flash suppressor for an AR15 will thread onto the end of a .22 LR threaded barrel as easily as it will an AR15 btw. They look pretty cool.
They do it to Republican conservative politicians all the time.
The point here is the judge did his job and got the case dismissed.
By perusing eBay, it seems the device is actually a fitting to connect a plastic bottle to the firearm
I’ve seen muzzle devices that acted as flash suppressors with fuel filter threads on the outside of the device.
Agencies present at the controlled delivery and warrant service were West Seneca Police, Agents of Homeland Security, the ATF, Customs, and the Postal Inspector’s office.All for a legal gun owner.
Meanwhile, across the Great Lakes (534 miles as the crow flies), violence resulting from illegal firearms continues unabated.
You need a tax stamp for having those, get caught with one and it won’t go well at all.
Yeah but those crooks shoot back.
I know. Just saying how easy it is to mill.
Agree completely with that, but I think it still served its purpose as far as what the prosecution wanted.
People hear about this case they will know that ordering one will be traced and that big brother is keeping tabs on them. Pretty sure that is what the New York state wanted anyways, so it's a win for them whether or not this one guy drilled it or not and he walked.
*wink wink*
I’m shocked to hear that a Federal Agency lied to a Court of Law. I’m sure those responsible have been fired and a Grand Jury empaneled to issue indictments.
We will hear of this any day now.
L
It cost $200, and a couple of hours of work, with about a 5 month wait for the paperwork to go through.
Once you are approved with the Form 1, there is no time limit for you to make the approved silencer. The Form 1 paperwork identifies the silencer by length and caliber.
When you make it, you put the serial number you gave on the Form 1 on it, with the makers name, town, and state.
There are over two million legal silencers in the United States, now.
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