Are Suppressors Legal in South Carolina?
Suppressors have been legal for civilian use for a long time in South Carolina but there were some restrictions. The law is in codified in the South Carolina Annotated Code § 23-31-420 as follows: (A) It is unlawful for any person to sell or deliver a firearm suppressor in this State except a firearms manufacturer or a firearms dealer for the purpose of sale or transfer at retail who has obtained a firearm suppressor license issued by and in good standing with the State Law Enforcement Division. (B) It is unlawful for a person to engage within this State in the sale of firearms suppressors or to possess a firearms suppressor unless that person possesses a firearms suppressor license issued by and in good standing with the State Law Enforcement Division. (C) A persons applies for a firearms suppressor license on a form provided by the State Law Enforcement Division. The application must be accompanied by the nonrefundable registration fee of twenty-five dollars , a full set of fingerprints, and a photograph. Thus application must be submitted to the State Law Enforcement Division through a licensed firearms dealer authorized to sell firearms suppressors. Within sixty days of submission, the State Law Enforcement Division must inform the applicant of its approval or denial of the application. If the State Law Enforcement Division does not notify the applicant of its decision within the prescribed time period, the application for a firearms suppressor license is considered approved. (D) Initially and at least annually each licensee must provide the State Law Enforcement Division with a report that contains the information required by the State Law Enforcement Division. (E) The Department of Natural Resources shall issue special permits for hunting wildlife with suppressors as authorized in Chapter 73 of Title 50.
How to Legally Purchase a Suppressor in South Carolina
In addition to completing ATF Form 4 and the required fingerprint cards, purchasers of suppressors must first acquire the services of a South Carolina licensed and registered dealer. The dealer is there to assist you in the process with their understanding of the law and they are already registered with the Federal Government. The dealer will complete the transfer once it is approved by the ATF for the new purchaser.
An ATF Form 4 is required for the transfer of any NFA (but not game, livestock or birds) firearm between two licensed individuals. It is the most commonly used form for tax paid transfers of NFA firearms. This form can be obtained from the local BATFE office or from any NFA firearms dealer that has an established line of trade with existing inventory. The form takes several months to fill out in a simple manner alone but most dealers are now completing and submitting the form with their own forms (4473, sales receipt, etc.) at the same time. The dealer then receives the tax stamp in their name and simply removes it from the suppressor.
The applicable tax form and payment must be completed and a copy is to be sent to the Branch where the transfer is to be finalized. Photographs are optional, but may be accepted. Once RD has (1) received the completed application, (2) examined it for accuracy and completeness, (3) locked the AFT Form 4 in the vault, and (4) forwarded a reapportionment request, the application is returned to the RFD for statutory processing.
After approval from the NFA Branch, the RFD may arrange to have the tax-paid Form 4 and/or photographs returned to the transferor in person. The RFD is also to place a copy of the ATF Form 4 in the vault. Once receipt is verified, the RFD must complete the NFA Registry transaction for the transfer. When the NFA Registry transaction is complete, the RFD is to :
Federal Laws Pertaining to Suppressors
The legality of suppressors under federal law varies among states. In South Carolina, suppressors are legal to own as long as the owners follow the proper procedures to obtain a suppressor. However, suppressor laws in other states can be much more complicated.
For any suppressors that fall under the jurisdiction of the National Firearms Act (NFA) – a group that includes both suppressors and firearm silencers – the NFA applies. Under the NFA, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) processes applications to create or obtain suppressors. The NFA divides suppressors into two categories – those that require a tax payment and those that do not. The tax is equivalent to $200, and applicants can expect to wait for several months to receive approval.
Under the NFA, all suppressors must be registered by the ATF. In fact, after someone receives approval, the suppressor is registered to the owner and must stay in the same venue. Likewise, an individual suppressor that’s not registered with the ATF is illegal to possess.
Infractions and Penalties for Illegal Suppressors in South Carolina
For those who violate the provisions of sections 16-23-20 and 16-23-210 through 16-23-240 are guilty of notifyingnes, and, upon conviction thereof, must be sentenced to imprisonement in the State Penitentary for one year and pay a fine in the sum of $1 , 000.00. The use of an unregistered or unserialized silencer, actually constitutes a felony offense in violation of federal law. Individuals found to have violated the terms of Federal law for the possession, transfer or use of silencers, are subject to up to 10 years in prison and a $10,000.00 fine.
Pros and Cons of Using a Suppressor
Like any other piece of equipment, suppressors have their pros and cons. First, the positive side of a suppressor is that it reduces the volume of the shot significantly. If you’ve ever been to an indoor range, you know how important this is. The sound of a pistol or a rifle being fired in an enclosed environment is ear splitting. Even if you are using a suppressor your ears are still going to be ringing afterwards.
Shooting with a suppressor also diminishes flinching and recoil. When using a pistol suppressor, you’ll notice that your follow-up is much faster because you can stay on target and put another round almost immediately after the first. The sound of the slide moving due to the lack of muzzle blast contributes to the ability to follow up quickly. Sometimes, you’ll find that a rifle suppressor on an AR-15 will cause a "sucking" or recoiling sensation because the bolt carrier is being yanked backwards by the gases trapped in the suppressor. That being said, having a suppressor also may reduce the recoil if set up properly. You can also decrease the amount of noise near and around you as opposed to everyone outside of your immediate area. This could be important in many cases such as hunting, a tactical mission or simply wanting the element of surprise on your side.
Another benefit to purchasing a suppressor is not having to deal with your local gun store. It can take anywhere from 9 months to 1 year to get your paperwork back, and some stores can make you apply for and buy your silencer which makes the process even longer.
While suppressors save your hearing, there are some drawbacks to owning one. Silencers do not completely mask the sound of a firearm. If you think that a suppressor is going to make your .308 sound like an airsoft rifle then you are mistaken. Depending on the type of ammo you use, you can make your suppressor sound quieter but no matter what you will always have a "pop" and the projectile breaking the sound barrier will still make an audible sound unless you use subsonic ammunition. One of the downsides to using subsonic ammunition is decreased accuracy and/or velocity. A regular 115 grain 9 mm round travels at about 1200 fps while a regular 45 ACP round travels about 800 fps. In contrast, subsonic ammunition will travel about 900 fps to 1050 fps respectively. While the 9mm may seem like its more quiet because it uses a heavier round, the reality is that both rounds are losing velocity because of the heavier bullet. A rifle suppressor can help combat this problem due to the fact that you can use a suppressor that allows you to change out the internal baffles so that the barrel length of your rifle acts as the suppressor itself while allowing you to still be able to use normal ammunition.
All and all, the benefits of owning a suppressor far outweigh the drawbacks. Assuming you can find someone in South Carolina who is willing to go through the lengthy process with you, I would highly recommend taking the plunge.
Common Questions About Suppressors in South Carolina
You can think of suppressors as being like the muffler on your car. They’re designed to make the sound of gunfire quieter and reduce recoil. Suppressors are legal in South Carolina, but there are strict rules that must be followed for their use and purchase.
Q: Are suppressors legal in the state of South Carolina? The law applicable to suppressors in South Carolina allows their legal use. All suppressors must be registered with the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) in order to own or transfer a firearm legally.
Q: Are suppressors difficult or expensive to obtain? No, they’re not difficult or overly expensive. When you buy from a South Carolina gun shop, the suppressor will be registered in your name . You fill out BATFE Form 4, send in your $200 payment, and the BATFE uses fingerprints and a photo on the Form 4 to complete a background check. It typically takes three to six months to complete your background check and approve the purchase.
Q: Do I need a special background check for getting a suppressor? No, the only requirement is the same background check you’d go through to buy a firearm. Normally it just takes a few minutes.
Q: Can I use a suppressor while hunting in South Carolina? Yes. You can hunt with a suppressor on any rifle or shotgun in South Carolina. You must, however, follow all federal laws (such as using only on legal-size game) as well as state regulations (concerning time, location and game size).