Legal
Ownership Status
Allowed
Hunting Status
Federal
Requirements
$0
Tax (2026)

August 5 NFA Ruling

Updated August 21, 2026

A federal court ruled that the government cannot enforce certain NFA registration requirements against the parties covered by that case. It is not a repeal of the NFA, it is not nationwide, and it does not change state law.

South Dakota: state law does not tie suppressor possession to federal NFA registration. The federal questions still apply, including what happens the first time you cross into one of the fifteen states that do.

Read how this may affect you →

Ownership Requirements

To own a suppressor in South Dakota, you must meet federal requirements:

  • Be 21 years or older to purchase from a dealer (a trustee on a trust can be 18 or older)
  • Be a U.S. citizen or legal permanent resident
  • Be legally allowed to possess firearms
  • Complete ATF Form 4 with fingerprints and photograph
  • Pass FBI background check

South Dakota does not impose additional state requirements beyond federal law.

Hunting Regulations

Hunting with a suppressor is legal in South Dakota. No South Dakota statute and no state wildlife agency regulation restricts suppressor use while hunting.

Read that precisely. This is legality by the absence of a prohibition, not an express permission. Some states say in so many words that you may hunt with a suppressor. South Dakota does not say anything at all. That is the ordinary situation and it is not cause for alarm, but it does mean an agency could add a rule without the legislature acting, so the current regulations guide is the thing to check, not this page.

Verify this yourself before you hunt

Hunting rules change by agency action as well as by legislature, and they can change between seasons. This reflects our reading of the sources cited above as of August 21, 2026. Before you take a suppressor into the field, read the current regulations guide from your state wildlife agency and confirm anything you are unsure about with them directly. Do not rely on this page, on a forum post, or on a dealer. The person holding the firearm is the person the warden talks to. This is general information, not legal advice.

State-Specific Notes

South Dakota has no state-level restrictions on suppressors. Hunting with suppressors is common, particularly for predator control.

How to Buy in South Dakota

The process for buying a suppressor in South Dakota is straightforward:

  1. Choose a suppressor from Capitol Armory
  2. Submit fingerprints and photograph online
  3. Review and sign. Capitol Armory completes the paperwork, you sign digitally.
  4. Wait for ATF approval (currently days to weeks for eForm)
  5. After approval, we ship direct to your residence

Capitol Armory ships to South Dakota and offers direct-to-door delivery in all 42 suppressor-friendly states. See our complete buying guide for detailed steps.

What State Law Actually Says

South Dakota changed in 2026, so anything you read from an earlier source is stale. SDCL 22-1-2(8) now provides that “controlled weapon” “includes a machine gun and short shotgun, but does not include a firearm silencer.”

The offense statute at SDCL 22-14-6 therefore reaches only machine guns and short shotguns. The change came from 2026 Senate Bill 2, enacted as SL 2026, ch. 96.

Local Rules and Preemption

SDCL 9-19-20 (municipalities) and § 7-18A-36 (counties) void any local rule restricting possession, transfer or manufacture of firearms, ammunition or components. The Attorney General must issue a cease-and-desist order and sue. S.D. Const. art. VI, § 24: “The right of the citizens to bear arms in defense of themselves and the state shall not be denied.”

Worth Knowing

A quirk worth knowing if you check our work: the official site’s source note under § 22-1-2(8) has not been updated and still ends at 2005. The operative text and the source note to § 22-14-6 both confirm the 2026 change.

Check our work

Every statute quoted above is linked to the official state source. Read it yourself before you rely on it.

Key Takeaway

Suppressors are legal in South Dakota with no state-level restrictions beyond federal requirements. Hunting with suppressors is permitted for all legal game.