Will State Laws Make Suppressors Illegal If the NFA Is Repealed?

Earlier this month, the U.S. House of Representatives passed a major pro-Second Amendment provision that would remove suppressors from the National Firearms Act (NFA). This potential reclassification would treat suppressors like regular firearms, removing the $200 tax stamp, Form 4 wait times, and the federal registration burden that has frustrated lawful gun owners for decades.

In case you missed the news, we’ve covered this legislative breakthrough in detail here: Suppressors Out of the NFA? The House Says Yes Thanks to Gun Owner Pressure.

But this long-awaited victory raises a critical concern: What happens in the 16 states that currently only allow suppressor possession because they are federally registered under the NFA? If federal registration goes away, do these state laws suddenly criminalize suppressor ownership?

In a timely and insightful video, criminal defense attorney and former state prosecutor Tom Grieve breaks down the legal minefield ahead. I think he does a better job of explaining this and breaking it down than I could so I'm including the video below and further below the video a written summary of his thoughts.

Four Buckets of Suppressor Laws

Grieve outlines that 42 states allow suppressor ownership. However, 16 of those hinge on the idea that suppressors are legal only when they are registered, licensed, or permitted under federal law. If the federal law changes, state laws may become unclear, contradictory, or dangerously punitive. He categorizes the state laws into four key “buckets”:

1. Permitted by Federal Law (Best Category)

This is the most favorable. It simply states suppressors are allowed if permitted by federal law—no need for registration or licensing. Once the NFA provision passes, suppressors would still be “permitted,” just under a new classification.

State in this category: Connecticut (shockingly).

2. Compliant With Federal Law (Good Category)

These laws say suppressors are legal if you are “in compliance with” federal law. If registration is no longer required, the pro-gun legal argument is that you're still in compliance—there's just nothing left to comply with.

States in this category: Kansas, North Carolina, North Dakota, Pennsylvania, Wisconsin.

3. Registered or Licensed (Danger Zone)

These laws require a suppressor to be specifically registered or licensed. If that mechanism disappears federally, there’s no way to legally comply. This may effectively re-criminalize suppressor ownership.

States in this category: Alaska, Michigan, Montana, Ohio, Oregon, South Dakota, Washington.

4. Authorized by Federal Law (Gray Area)

These states require that suppressors be “authorized” federally—a vague term that could be argued either way. It doesn’t require registration explicitly, but may still be interpreted restrictively.

States in this category: Georgia, Mississippi, Nevada.

Legal Theories & Defense Arguments

Grieve outlines key legal doctrines that may help defend suppressor owners caught in this ambiguity:

• Ex Post Facto Protection: You can’t be punished retroactively for conduct that was legal at the time.
• Rule of Lenity: When laws are vague, courts must interpret them in favor of the defendant.
• Unconstitutional Vagueness: A law requiring compliance with a non-existent regulation may be too vague to enforce.

Still, he cautions that these are complex, difficult arguments to win in court—especially if a prosecutor or attorney general is politically motivated.

What Gun Owners Can Do

This video is not meant to derail the Hearing Protection Act. Rather, it’s a call to action for gun owners in red and blue states alike: once the federal change is enacted, state laws must be reviewed and updated.

Action Steps:

• Contact your state representatives now. Let them know changes are needed to prevent inadvertent criminalization.
• Support the organizations making this legislation possible, like Gun Owners of America (GOA).
• Stay educated on your state’s specific suppressor laws and be cautious during any transitional period.

Suppressors are on the brink of historic deregulation. But unless state laws catch up, some gun owners could find themselves on the wrong side of unclear or outdated laws.