One thing many American gun owners do not realize is that several states have laws stating that suppressors are legal to use in those states as long as they are registered under the federal National Firearms Act (NFA).
That is a positive thing, of course. However, it could leave those states in a dilemma. If and when the NFA is fully repealed, suppressor ownership and use in those states would no longer be legal until state laws are changed.
That’s the idea behind South Dakota’s Senate Bill 2, signed into law on February 10 by Republican Gov. Larry Rhoden. In a nutshell, the new law removed suppressors from the state’s definition of a “controlled weapon” and eliminated the statutory requirement that possession of these devices requires a federal tax stamp.
“South Dakota is the most Second Amendment-friendly state in America, and this is yet another opportunity for us to pave the way and set an example for the rest of the nation,” Gov. Rhoden said in a press release distributed after he signed the measure. “By removing unnecessary state-level restrictions, we are standing up for freedom and protecting the constitutional right of law-abiding citizens.”
Gov. Rhoden signed the bill, which was unanimously approved in both houses of the state legislature, at Silencer Central in Sioux Falls. That tax requirement, which was reduced to a $0 fee under President Donald Trump’s One Big Beautiful Bill last year, must still be obtained as required by the NFA. The new South Dakota law fixes that requirement to ensure citizens can continue to obtain and possess suppressors should Congress pass the Hearing Protection Act to remove the duplicitous background check, registration and tax stamp requirement for these safety devices.
The National Shooting Sports Foundation (NSSF), the firearms industry trade association, worked with the South Dakota legislature to pass the bill and was quick to praise Gov. Rhoden for signing the measure.
“This is what proactive and commonsense leadership looks like. South Dakota is taking the steps to ensure that its citizens can lawfully obtain, possess and use a hearing protection device should we ever get to a point that they are removed from the National Firearms Act (NFA),” Lawrence G. Keane, NSSF senior vice president and general counsel, said in a news release announcing the victory. “Suppressors are hearing safety devices that make recreational shooting and hunting a safer and more enjoyable activity. We will continue to press to have these devices removed from the NFA so that they are more accessible to the public.”
State Rep. Drew Peterson, the primary sponsor of the measure in the House, said that since suppressors are mainly used for hearing protection, he was proud to support the legislation.
“Firearms Suppressor’s primary purpose is to protect hearing and reduce noise, which makes firearm use safer for hunters, sportsmen, and neighboring landowners alike,” he said. “Senate Bill 2 is a clean, common-sense update. It reduces redundancy, respects federal oversight, and keeps our laws aligned with the actual purpose of suppressors as safety tools.”
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