Current Law
California bans possession, and the operative statute is one sentence. Cal. Penal Code § 33410: “Any person, firm, or corporation who within this state possesses a silencer is guilty of a felony and upon conviction thereof shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 or by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment.”
The only verb is “possesses.” Manufacture, sale, and transfer are reached indirectly, because a seller necessarily possesses. The definition does the heavy lifting: § 17210 reaches “any combination of parts, designed or redesigned, and intended for use in assembling a silencer … and any part intended only for use in assembly or fabrication of a silencer.” A single baffle can qualify.
The Penalty
A felony sentenced under § 1170(h), which fixes the term at 16 months, two years, or three years in county jail, plus a fine of up to $10,000. There is no mandatory minimum.
The part almost nobody mentions: probation is presumptively off the table. Penal Code § 1203(e) provides that probation “shall not be granted” to a person who possesses a silencer under § 33410, “[e]xcept in unusual cases in which the interests of justice would best be served.”
Who Is Exempt, and Who Is Not
§ 33415 exempts agencies listed in § 830.1 and the military for official duties; salaried full-time peace officers on duty where the agency authorizes it; and dealers or manufacturers registered under 26 U.S.C. ch. 53, but subdivision (c) permits that activity only where the silencer is bound for a law enforcement or military entity.
Two things are absent from the text. There is no film, theatrical, or prop exemption. And there is no general dealer exemption, which means a California FFL cannot hold suppressors for civilian sale.
Alternatives
If you want to own and use suppressors, your options include:
- Move to one of the 42 states where suppressors are legal
- Use suppressors while visiting legal states (with proper arrangements)
- Support legislative efforts to change California law
Legislative Outlook
SB 649 (2025–26) would have replaced the word “silencer” with “suppressor” across these sections. Per the Legislative Counsel’s Digest that was the entire effect: terminology, not legalization. It died in Senate Rules on February 2, 2026 without ever leaving committee.
The American Suppressor Association and state groups continue to advocate for reform. No meaningful change is close.
Key Takeaway
Possession of a suppressor in California is a felony under Penal Code § 33410, carrying 16 months to three years and a presumptive bar on probation. There is no civilian path, and the August 5 federal ruling does not change it.