Question for the Class III gurus.

[theturtle06]

Ok...I foolishly got myself into this ridiculous youtube comment debate ( )

YouTube - potato silencer - the video in question

I am ChrisInIndy06 on there and was just curious what would happen with this if the BAFTE actually felt like tracking these morons down.

To me it seems like a pretty cut and dry case as the law states that any device that is used with the intention of altering or reducing the report of a gunshot is classified as a suppressor. Whether or not this potato actually reduces the report is debatable, but that's not what the law is about - it states if the INTENT of the device is to reduce/muffle, then it is a suppressor. I know that some of you guys talk about "intent" if you have an AR15 pistol and a buttstock nearby, and how that could be considered intent to create an SBR which is bye-bye Federal Pen time...would the same thing potentially apply here? Fatty's intent is pretty clear when he says "POTATO SILENCER!!!!"

Who is right here?

 

[Benjamin]

The BATF isn't going to go after that idiot, and I doubt that the potato really makes it quieter. Even if it does what is the ATF supposed to do? That video is not enough evidence to convict someone, even if the BATF wanted to. Now secondly, I don't think that idiot even wanted to make a suppressor. He just wanted to show off his stupid way of blowing up a potato. If I wedge a watermelon onto my 30-06 and blow if off in a video claiming it is my watermelon suppressor that doesn't mean I have any intent of suppressing my rifle. It's simply an expression for blowing up a watermelon. Even if the BATF did want to do something, which I seriously doubt they do, it would be thrown out of court.

 

[VUPDblue]

Oh Benjamin, you are so horribly wrong.... The law says that if a device reduces the report of a firearm (even by 1 dB) then it is a suppressor. It is a long-held rumor that a potato will reduce the report of a shot, albeit slightly. Filming such a thing, and then posting it on teh intarwebs is incredibly foolish. If you think that the BATFE won't prosecute someone who they found on the 'web, then you are sorely mistaken....

 

[IndyMonkey]

Too bad he didnt cause more back pressure in the gun. Stupid people, there seems to be a bunch around.

 

[Benjamin]

This is an actual case:

Potato Used As Silencer
Status: Urban Legend
The Miami Herald reports the case of a man who threatened to shoot the mother of his child with a gun silenced by a potato. He never fired the gun, but did explain to her how the potato would silence the shot, insuring that no one would hear what happened. The police had this to say about the man's knowledge of acoustics:
The vegetable, while rich in carbs, does not make an effective silencer, police say. The myth dates back to mob murders of the 1920s and has persisted through movies and word of mouth.
"It was fine in Dick Tracy, but in real life, it's not true," said Miami-Dade Sgt. Bob Hoelscher, a longtime firearms technician who is not involved in the case. The sound of a gunshot can be suppressed somewhat if the gun is low-caliber and the cartridge is weak enough, Hoelscher said. But it usually makes a mess.
Detectives seized a 9mm Ruger pistol from Thompson.
"You're going to have potato salad 360 degrees from the muzzle," Hoelscher said. Of course, people haven't stopped trying./QUOTE]

And I'm not saying that the BATF isn't going to come knocking because of an internet video. I am saying that they aren't going to come knocking because of a "potato silencer" like the one in this video.

 

[Benjamin]

and on another note. I would expect the BATF to come after someone who posted a video of a water bottle suppressor.

 

[samot]

Oh Benjamin, you are so horribly wrong.... The law says that if a device reduces the report of a firearm (even by 1 dB) then it is a suppressor

Correct, this applies to ANY muzzle attachment, Flash hiders, muzzle brakes, fake suppressers & so on. Any reduction in sound= suppression
COOL huh

 

[theturtle06]

Oh Benjamin, you are so horribly wrong.... The law says that if a device reduces the report of a firearm (even by 1 dB) then it is a suppressor. It is a long-held rumor that a potato will reduce the report of a shot, albeit slightly. Filming such a thing, and then posting it on teh intarwebs is incredibly foolish. If you think that the BATFE won't prosecute someone who they found on the 'web, then you are sorely mistaken....

This was exactly what my understanding of this situation was. I noticed that the dad (?) in the video says "Andy" during the video and I can only assume the recorder was also the uploader - his youtube account name has "andy" in it . I figured at MINIMUM this would be skirting the legality lines. It's not that hard to track down the IPs they used to upload the video...if the BAFTE wanted to go after these guys they easily could.

While I can only hope the BAFTE has their time and effort focused elsewhere, I was merely wondering the legality of the "potato silencer." IMO these guys should be..somewhere special just because they are, well, special people .

But...one of the guys in the video's comments was talking about how his choke tubes altered/muffled the sound of his gunshot. I don't know really anything about shotguns, but is this the case? If it is, how come they don't require a tax stamp? Some type of special exemption for things like that?