2562 N. Dewey Ave.

Fresno, CA 93722

Bureau of Alcohol, Tobacco and Firearms

Technology Branch, Room 6450

Attn: Chief Ed Owen

650 Massachusetts Ave.

North West Washington D.C. 20226

Chief Owen,

Thank you for your response to my previous letter regarding my interest in constructing sound suppressing devices for paint pellet guns. Your letter was quite informative.

There are a few points on which I am still not clear. Hopefully you can illuminate them.

In your letter of 1 January, 1995, you cited, U.S.C. Chapter 44, Section 921 (a) (24) for the definition of a firearm silencer. For the purposes of that section, is a CO2, N2, or compressed air powered, 68 caliber paint pellet gun (which I shall refer to as a "paintgun") considered to be a "portable firearm"? If so, then it is quite clear that any device which effectively muffles its report would not be legal.

It is my understanding, that paintguns are not considered firearms under federal law. This being true, it should be legal to design a device to quiet a paintgun, even if it also silences a firearm, since that is not the intended function of the device. As an example, a feather pillow may easily deaden the sound of a small caliber handgun, yet feather pillows are not to my knowledge considered firearms silencers, because they are designed and manufactured for a different purpose. Thus, a device designed and manufactured specifically to quiet a paintgun, since its purpose is something other than silencing a firearm, should be legal - regardless of what acoustic affects it may have on a firearm. I would appreciate your comments on this point.

Please understand that I am not attempting to find a loophole by which I can manufacture firearms silencers under the guise of paintgun silencers, I am simply trying gain a more detailed understanding of the law so that I do not cross over it while pursuing what appears to be a legal endeavor.

Since my previous letter to you, I have made some adjustments to my paintball silencer design. These adjustments involve both durability, and my intent to design a paintball silencer that can not be attached to a firearm and used as a firearm silencer, thus making clear that it is not a firearm silencer.

My new proposed paintgun silencer consists of two components. A length of thin wall ABS or PVC pipe, and crumpled toilet tissue (shown below, the pipe in cross-section).

These two components are both readily available, and serve a variety of purposes. While it may be argued that they could be used as components in a firearm silencer, it is quite clear that they have not been modified or re-manufactured in any way to make them especially suited to that task. They are appropriate in size to functionally silence a paintgun which is outfitted with a suitable barrel.

This paintgun silencer would be attached to a paintgun barrel (pictured bellow).

Note that as the barrel is a part of the paintgun, it would not be a part of the paintgun silencer. There are at present, commercially manufactured paintgun barrels which are roughly described by the diagram above (specifically, the venting in combination with the barrel rings).

The paintgun silencer would be attached to the paintgun barrel by loosely wrapping the crumpled toilet paper around the vented portion of the paintgun barrel. Venting is a common feature on paintgun barrels, to reduce the effect of muzzle blast on the pellet's flight. The pipe would then be friction fit over the barrel rings. Below is a cutaway diagram of the paintgun silencer mounted on the paintgun barrel.

I understand that a formal classification can not be rendered without a sample being examined by your department. While I look forward to sending a roll of toilet paper and Length of ABS pipe to you (and the possible ramifications on the plumbing industry if they are deemed to be components of a firearms silencer), I am concerned about the legal ramifications of doing so. Specifically, in order to send you a sample, I must construct, test (as part of the construction process), posses, and ship over interstate lines, a potentially illegal device. What protection will I have from prosecution while constructing and shipping a sample of my design to the bureau?

I would like to reiterate that my intention with this project is not to find a legal way to manufacture a device which will function as a firearms silencer. My goal is to design an effective paintgun silencer in such a way that it can not be classified as, used as, or modified into a firearms silencer with less effort than building one from readily available raw materials.

Thank you again for your time and attention to this matter,

[signature]

William R. Mills