Recently, we’ve had a number of clients who have attempted to purchase “solvent traps” from overseas. ATF has contended in federal warrants:
Solvent traps are intended to prevent solvent from dripping, spraying, or spattering when pushed out the muzzle end of a firearm barrel. The front end-cap of a solvent trap must be solid and have no hole that will allow a projectile to pass through (including “pilot” holes that can be widened to allow a projectile to pass-through or marks indicating the location to drill such a hole). Devices that have a hole in or indexing mark for a hole in the front endcap are classified as a “firearm silencer” under the National Firearms Act (NFA).
While the majority of our clients have merely had the items seized by Customs and Border Protection and a resultant notice of seizure/forfeiture, in some cases, the Bureau of Alcohol, Tobacco, Firearms and Explosives in concert with the local US Attorney’s Office has performed controlled deliveries, followed by execution of a federal search warrant, where the “solvent trap” has merely had ‘”indexing marks.”
Perhaps most importantly, even in the absence of “indexing marks,” nothing stops ATF from contending that any “solvent trap” is a silencer and bringing federal charges against the individual for purchasing a putative firearm silencer. While there are a number of legal arguments available to an individual in such a situation, the cost of defense is extremely high, especially when the possibility of a conviction and appeals are hanging over the individual’s head. Thus, it is our advice that individuals immediately STOP buying solvent traps, and if contacted by Customs and Border Protection or any law enforcement agency, that you invoke your 5th Amendment rights and immediately contact an attorney.
If you or someone you know has purchased a solvent trap or been charged in relation thhereto, contact FICG today to discuss your options.
Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.
Published by Joshua Prince, Esq.
With our 2nd Amendment rights being attacked at both the Federal and State level, and the ATF (Burea of Alcohol, Tobacco, Firearms, and Explosives) trying to close down FFLs (Federal Firearms Licensees) for minor infractions while making FFLs the scapegoat when the ATF's records are inaccurate, I want to take this opportunity to introduce myself. I am one of only a handful of attorneys across the US that practices in the niche area of law known as firearms law. I decided to concentrate my legal practice on firearms law not only because I am a shooter and firearms enthusiast, but also to ensure that our inalienable Right to Keep and Bear Arms is never encroached upon.
I handle cases at the Federal and State level for both FFLs and individuals. At the federal and state levels for individuals, I actively defend the 2nd Amendment of the US Constitution and Section 21 of the PA Constitution, as well as, help individuals with:
- License to Carry Firearms Denials;
- Challenges to Erroneous PICS Denials;
- Relief from Firearms Disabilities;
- Estate Planning Advice;
- Gun/NFA Trusts; and
- 42 USC 1983 Actions for Deprivation of Civil Rights
At both the state and federal levels, I represent FFLs and SOTs throughout Pennsylvania and the US regarding:
- ATF Compliance Inspections;
- Warning Letters and Hearings;
- FFL Revocations;
- Corporate Structure Advice
- Indoor/Outdoor Range Implementation; and
- Forfeiture Proceedings
In following my love for firearms and firearms law, I have taught several Continuing Legal Education (CLE) seminars on Firearms in Estates and Trusts and Firearms Law 101 for several Bar Associations, including Berks, Cumberland, and Dauphin Counties. I also planned and taught several Firearms in Estates CLE classes for the Pennsylvania Bar Institute (PBI).
While at Widener Law School, I was a member of the Widener Law Journal. I wrote an article on the Inaccuracy of the National Firearms Registration and Transfer Record (NFRTR). I also had an article published on Fee Disputes in Workers Compensation cases in the Widener Law Journal, Volume 18, No. 2.
You can often find me posting on several internet forums, including Subguns, Uzitalk, AR15, and PAFOA. I also hold PA Firearms Law classes for local ranges to inform the public on the firearm laws of the Commonwealth.
Following in my father's footsteps, I am also a Board member for the Pottstown Police Athletic League (PAL).
View all posts by Joshua Prince, Esq.
Prince Law Offices Blog 
What do you do if you accidentally ordered one of these from China before finding out it may be illegal? Would you send a notice to the ATF explaining the mistake and asking for instructions?
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Yeah let’s just give up our rights to please the gestalt? Fuck off. So much bad advice from a pansy ass lawyer.
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Here is the letter I sent CBP regarding a seizure of a “Firearm Suppressor”. The main point is them identifying these as “suppressors” when they are merely solvent traps (legal).
———————-
Edualdina Aviles
Christopher Latourette,
Fines, Penalties, and Forfeiture Officer
Please consider the following questions, legal statutes, interpretation, and especially “labeling” in regard to this seized package:
– This item was purchased for @$50. It is a solvent trap.
– Why was this package targeted and isolated?
– Was the package opened?
– Was the merchandise inside inspected by a subject matter expert that would understand precisely what it is?
– The letter sent to me states that the merchandise is a “Firearm Suppressor”. Are you using the legal definition as per ATF 26 U.S.C. § 5845(a)(7) ?
– Your office then sites that this merchandise is being seized because this transaction is a “purchase of a firearm by an unregistered/untaxed Importer”. As per this matter/letter you are now defining this item as a firearm.
– Referencing ATF Form 5320.1 (as per the legal building of a suppressor), it is legal to purchase components to build a suppressor, but these components need to be machined, drilled, etc. to make a functional suppressor, this functional build may only be completed once this form has been approved. The merchandise in this package requires drilling and machining if it were to be built into a functional suppressor.
– Hundreds of companies legally sell solvent traps to citizens for the eventual legal build of suppressors through an ATF Form 1 process. The very same item you have seized in this matter. These items are in no way considered firearms before they are built, why is your interpretation different?
Here are a couple links to virtually the same exact items which are legal and currently for sale in the US:
https://armorytexas.com/products/gr5-titanium-solvent-trap-modular-kit-fuel-filter-1-375×24-thread-1-2×28-5-5×24-end-caps
https://www.solventtrapsuppressors.com/products/82-l-163-od-aluminum-modular-solvent-trap-fuel-filter-1375×24-thread-cups-12×28-58×24-end-cap
Election of Proceedings:
1. Petition – I will be choosing this selection and hope you will consider all the facts I have laid forth.
2. Offer in Compromise – Pay CPB money for release of the item that was deemed illegally imported. So, pay CPB money to “skirt” the law? Interesting. Especially since we are dealing with a “firearm”. If the “firearm” were to be released, are you going to find an FFL to legally complete the shipping to its destination?
3. Abandon – If this “firearm” is abandoned to CBP, will it be auctioned off? Will your department observe and follow all guidelines regarding a Form 1, adding a serial#, etc? If this “firearm” is to be destroyed by CBP, do you follow ATF guidelines as per the proper destruction of a firearm? Will this “firearm” be properly stored with other firearms in a secure facility and handled and transferred as such while in CBP custody?
4. Court Action – I certainly do not want to pay excessive monies and unnecessarily tie up court personnel for this matter.
5. Administrative Proceedings – (Please see 3. Abandon)
I appreciate your time in perusing this letter.
Thank you,
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