South Dakota – SB 2 has been introduced in the South Dakota legislature. It removes silencers from the list of “controlled weapons” in the state statutes. This bill effectively removes state regulation of silencers, but not federal regulation. From sdlegislature.gov:
Introduced by: Senator Crabtree: An Act to provide that a firearm silencer is not a controlled weapon. The Bill removes silencers from the definition of “Controlled weapon”. The definition is Section 1. § 22-1-2 (8).
The bill creates a new definition which removes silencers. Here is how the new definition would read:
(8) “Controlled weapon” includes machine gun and short shotgun as those terms are defined in subdivisions (17), (23), and (46) of this section but does not include a firearm silencer;
As you can see, South Dakota does not include short barreled rifles in their definition of “controlled weapons”. The definition of what a silencer is still exists in Section 1.§22-1-2 (17).
(17) “Firearm silencer,” any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver, pistol, or other firearm to be silent, or intended to lessen or muffle the noise of the firing of any such weapon;
Because silencers are removed from the list of “controlled weapons”, they would no longer be banned from possession by most of the people in South Dakota. In effect, the law removes the state ban on the possession of silencers for everyone who may legally posses firearms in South Dakota. In the current law, an exemption exists for people who have a federal tax stamp for a particular silencer. The ban on short barreled rifles has already been removed from the statute.
Click the link to read the whole article: South Dakota Bill to Allow Gun Silencers
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