A bill to deregulate suppressors in South Dakota is advancing through the state legislature. It’s the latest effort to cut red-tape for suppressor ownership as the industry pushes ahead on long-term efforts to remove suppressors from regulation under the National Firearms Act of 1934.
Senate Bill 2, which passed the state Senate unopposed (34-0) on Friday, would remove suppressors from the state’s definition of a “controlled weapon” and eliminate the requirement for a federal stamp. The NFA stamp is still required at the federal level, but if it’s ever rolled back, it would leave some once-lawful suppressor owners in violation of state laws that require tax stamps.
In other words, this bill wouldn’t excuse South Dakota residents from the current federal requirements for suppressor ownership. But the National Shooting Sports Foundation and businesses like South-Dakota based Silencer Central are working with states to get ahead of a problem if the federal government ever deregulates suppressor.
Related: The Suppressor Tax Stamp Drops to $0 on January 1. Here Are 6 Tips for Choosing Your First Suppressor
“This bill in South Dakota is a fix-it bill,” says Mark Oliva, the managing director of public affairs for NSSF. “So, should the NFA be rolled back, then suppressors would become illegal in South Dakota because South Dakota law requires those suppressors to be registered under the NFA. So, that becomes an obstacle for suppressor owners in South Dakota.”
The South Dakota bill — and others like it — would eliminate the NFA requirement. The bill has reached the House and passed out of the House Energy and Commerce committee unopposed Wednesday. If and when it clears the full chamber, Gov. Larry Rhoden has already signaled he will sign it.
South Dakota is home to Silencer Central, where the company’s founder and CEO Brandon Maddox has made a career of navigating legal compliance to streamline legal suppressor purchases and logistics for gun owners. That’s partly why South Dakota is spearheading the effort to address what could become a disconnect between state and federal regulations.
“If we get what we want, [which is federal suppressor deregulation], we will also see certain states won’t be able to buy things like suppressors that we [would have] just worked so hard to deregulate,” says Joe Kurtenbach, Silencer Central’s senior manager of media and relationships. “This bill is a proactive measure to fix this. And the hope is that what we do in South Dakota can be replicated in other states, and there will be both the language and precedent for getting this done pretty quickly.”
The NSSF is currently working with those other states to adopt similar legislation. A tentative list of states with some kind of NFA stamp requirement in their laws was provided to OL by policy experts. The list includes:
- Alaska
- Arizona
- Connecticut
- Georgia
- Kansas
- Michigan
- Mississippi
- Montana
- Nevada
- North Dakota
- Ohio
- Oregon
- Pennsylvania
- South Dakota
- Texas
- Washington
- Wisconsin
Already this month the $200 tax stamp for suppressor ownership was reduced to $0, removing a financial barrier to purchasing the devices. To be clear, however, the fee reduction did not eliminate the need to acquire a stamp through the ATF’s application process. That won’t happen unless the Hearing Protection Act is revived and passed. Currently, it’s in a holding pattern.
“A lot of companies in the industry are ready for it,” says Kurtenbach. “The $200 tax stamp fee going away was one barrier to entry gone. The next step is getting full deregulation so we can sell suppressors like firearms.”
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