Suppressor Laws in South Carolina: Quick Facts
Suppressors are legal to own in South Carolina as long as you are legally able to possess a firearm and have purchased a suppressor through the National Firearms Act (NFA).
On April 29, 2016 , the state of South Carolina passed an act known as the "South Carolina Suppressor Freedom Act." This act removes restrictions on the use and ownership of suppressors provided that the suppressor is legally possessed under the NFA.
The act also makes it illegal for an official state agency or local government to silence or limit the use of suppressors.
Federal Law on Suppressors
Federal law defines a suppressor, also known as a silencer, as a "device for silencing, muffling, or diminishing the report of a portable firearm." Suppressors fall under the umbrella of the NFA and are highly regulated by the federal government in the same way that machine guns are regulated.
To legally purchase a suppressor, you must first fill out ATF Form 4 and pay a $200 tax stamp fee. Once you fill out the paperwork, you then have to get your fingerprints taken at three different locations and visit both your doctor and a local mental health institution to make sure that you are psychologically sound. You must then wait for the ATF to approve the transfer before you can buy the silencers- which can take anywhere from 4-12 months. Because they are controlled by the NFA, suppressors technically are not legal in South Carolina. However, South Carolina is one of about 40 states that has enacted a law stating that as long as you meet the federal requirements for a suppressor transfer you will be legal to purchase and own them. A bill currently is moving through the state legislature that recognizes that person who is a resident of South Carolina and a citizen of the United States and who meets all requirements of federal law to own and possess firearms and ammunition or any weapon, trap, or device as defined in Section 16-23-500(2) including suppressors described in 26 U.S.C. Section 5845(a)(7) may own and possess a weapon, trap, or device described in this subsection within this state provided he or she has submitted an application to the Bureau of Alcohol, Tobacco, Firearms and Explosives as required by that agency and the application has not been denied.
Purchasing a Suppressor in SC Legally
In South Carolina, the process of legally acquiring a suppressor involves both state and federal regulations. Under the 1989 South Carolina law, S.C. Code Ann. § 16-23-20 et seq., suppressors are legal provided that they are used only on lawful firearms. South Carolina prohibits the general sale, rental or other distribution of suppressors for commercial purposes, but the law does not restrict the ownership or use of suppressors by private citizens.
At the federal level, the Gun Control Act, 18 U.S.C. § 922(a)(4), makes it illegal to possess a suppressor without having paid the required taxes and registration fees. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is the federal authority in charge of the National Firearms Act, and you will submit to them the paperwork to register your suppressor. The paperwork includes an ATF Form 4 Application for a Tax Paid Transfer of Firearm and the payment of a $200 tax stamp.
There is no background check required (in other words, you do not have to apply for a Concealed Weapons Permit) to purchase a suppressor in South Carolina. However, there is a fingerprinting requirement. That is, if you reside in South Carolina, you will need two fingerprint cards. You can obtain them in a few ways: your sheriff’s office may provide them, or a service through which the sheriff’s office provides them, where you pay a fee and get the card back from the company with the required signature.
If you do not reside in South Carolina, you will need one fingerprint card from a local law enforcement office.
An additional requirement is two passport photos for your application with ATF. Passport-style photos can be taken cheaply and easily at many retailers, and they can sometimes be considered as part of a passport application as well.
The time it takes ATF to process and approve your application for a suppressor can take anywhere from three months to one year, depending on the load on their office.
Advantages to Using Suppressors
As with many things, people love to focus on the negatives. Suppressors are no exception. People tend to aim to the negatives and work from there. As a result an image gets conjured up that involves justification for laws to control what suppressors can or cannot do. But what are the positives?
In hunting, the positive benefits are facts. When using a suppressor, there is no recoil. A gun without backlash encourages accuracy. The sound of that rifle or handgun is considerably muted. So if a second shot is needed but not necessary for your first animal, you may not scare off all the wild animals in the area around you.
A huge positive is one of greater importance everywhere. It protects ones hearing. Hearing protection is important. Even in a calm setting , such as a hunting expedition with friends, firing off shots can be loud. The sound does create a blaring noise that can, given time, cause temporary or even long-term hearing damage. Suppressors reduce the damage by predicted percentages and can decrease hearing loss.
There is also the benefit of not annoying others with noise. You could hunt in solitary, but wildlife does have ranges, and even at relatively far distances, some hearing damage can get accomplished from firearm discharges.
When target shooting with suppressors, there can be advantages with respect to concealment. With suppressors, matches can be played with a degree of silence.
Potential Legal Consequences
Unlawful possession or use of a suppressor is punished as simple possession of a silencer under Section 16-23-460. Title 16, Chapter 23 of the South Carolina Code, is the statutory section dealing with crimes of "Offenses Against the Person," and it states that:
(A)It is unlawful for any person in this State to offer for sale, sell, or deliver, or for any person to purchase, receive, or possess within this State:
- (1) a silencer;
- (2) an automatic weapon; or
- (3) a machine gun.
(B) For purposes of this section:
- (1) "silencer" means any device for muffling the report of a firearm;
- (2) "automatic weapon" means a weapon that automatically fires more than one shot with a single function of the trigger and includes a "bump-fire" weapon;
- (3) "firearm silencer" means any instrument, attachment, implement, or device for muffling the noise caused by the rapid escape of gases from the firing of a projectile through a confined space. The term "firearm silencer" does not include a firearm equipped with a silencer.
Violations of Section 16-23-460 are felonies, punishable by three (3) years in prison, a five thousand dollar fine ($5,000.00), or both. Government offenses count as a felony conviction, so a government employee (a law enforcement officer, for example) can still be charged with a felony should he happen to violate Section 16-23-460.
FAQs
Frequently asked questions about suppressors:
ARE SUPPRESSORS LEGAL IN SOUTH CAROLINA?
Yes, under current South Carolina law, they are legal for individual ownership and use.
ARE SUPPRESSORS LEGAL IN ALL STATES?
No, under Federal law, the Gun Control Act, individual states have the right to ban any individual from possessing a suppressor. This is why we have inter-state transfer forms for states that do prohibit suppressors to their individual citizens.
DO YOU HAVE TO BE A RESIDENT OF SOUTH CAROLINA TO OWN A SUPPRESSOR?
Becoming a Class 3 SOT dealer does not prohibit an individual from purchasing or transferring a suppressor to or from another SOT dealer within the same state. Also , Federal law does not require that you be a resident of the state you are ordering from.
IF I LEAVE THE STATE I BOUGHT MY SUPPRESSOR FROM CAN I TAKE IT?
No. Title II firearms as well as suppressors and machine guns are regulated by the National Firearms Act. Under this act, suppressors are considered "firearm accessories". A firearm manufactured under this act normally requires a tax stamp that is specific for the gun. For example, a tax stamp for a machine gun is different than that of a suppressor. Since suppressors are specific to the firearm they are used with, leaving the state of purchase with the suppressor is tantamount to crossing state lines with a firearm which is a violation of interstate commerce under the National Firearms Act.