State suppressor law

North Dakota Suppressor Laws in 2026: Legal, With State Law Tied to the NFA

By Cole Harlan, EditorUpdated Oct 25, 2026How we verifyEditorial standards

North Dakota is suppressor country. Its hunting code expressly allows suppressors, its attorney general was a plaintiff in Silencer Shop Foundation v. ATF, and residents own 46,622 registered suppressors. But the Century Code makes it a class C felony to have a silencer unless you've "complied with the National Firearms Act." Now that ATF has stopped enforcing NFA registration, that wording matters. Here's the text and what we could and couldn't confirm.

Not legal advice. This page summarizes the North Dakota Century Code and federal guidance as of the date above. ATF's change is an enforcement policy, not a repeal of the National Firearms Act. Ask your dealer or a North Dakota attorney if your situation is unusual.

The short answer

Suppressors are legal to own in North Dakota for a person who has complied with the National Firearms Act.
The state test is federal compliance. NDCC 62.1-05-01 bars having a silencer "unless that person has complied with the National Firearms Act [26 U.S.C. 5801-5872]." It doesn't define compliance or mention ATF enforcement policy.
Hunting with a suppressor is expressly allowed by NDCC 20.1-01-36 for anyone "in lawful possession" of one.
We found no official North Dakota guidance on ATF's October 9 policy as of October 25, 2026. A voluntary $0 Form 4 is the conservative way to meet the statute's wording.

What NDCC 62.1-05-01 says

The prohibition. Subsection 1: "A person may not purchase, sell, have, or possess a machine gun, fully automatic rifle, silencer, or bomb loaded with explosives or poisonous or dangerous gases, or any other federally licensed firearm or dangerous weapon unless that person has complied with the National Firearms Act [26 U.S.C. 5801-5872]."
The penalty. Subsection 2 makes a violation a class C felony. The item must be seized on arrest and, after conviction and a motion, forfeited. The court can order it sold at auction, kept for use or destroyed.
Exemptions. NDCC 62.1-05-02 exempts the authorized agent and servant of a person who has a license to purchase, sell, have or possess these items, military members on duty with issued weapons, North Dakota law enforcement officers, and authorized federal officers.
CLEO sign-off. NDCC 62.1-05-03 says a chief law enforcement officer must provide any certification federal law requires within 30 days unless the applicant is prohibited, and can't refuse based on "a generalized objection" to private ownership. Denials can be appealed to district court.

"Complied with the National Firearms Act" after October 9

ATF's open letter says ATF won't enforce the NFA's approval, registration and tax-stamp requirements for suppressors, SBRs, SBSs and AOWs, and its FAQ accepts voluntary filings. The NFA itself is still on the books. Whether someone who skips a voluntary Form 4 has "complied with" it for 62.1-05-01 is a question no North Dakota court or official has answered that we could find. The conservative read is that filing an approved $0 Form 4 settles it. North Dakota was one of the 15 plaintiff states in Silencer Shop Foundation v. ATF, so watch for guidance from the Attorney General's office.

The same subsection's catch-all, "any other federally licensed firearm," may reach short-barreled rifles. The statute doesn't name them, so our SBR state table marks North Dakota as unresolved rather than guessing.

Hunting with a suppressor in North Dakota

NDCC 20.1-01-36 is titled "Suppressor and short-barreled rifle allowed for hunting." Subsection 1 says an individual "in lawful possession of a device that will silence or deaden the sound or natural report of a firearm when the firearm is discharged may hunt any game for which the individual is licensed and for which a firearm is allowed with that device for or attached to the firearm." Subsection 2 does the same for a short-barreled rifle where a rifle is allowed. Note the condition: "lawful possession," which loops back to 62.1-05-01. Season and species rules from the North Dakota Game and Fish Department still apply.

Bottom line for North Dakota buyers

North Dakota's law is friendly, but its wording assumes the federal system is running. Buy from a North Dakota dealer on a Form 4473, file a $0 voluntary Form 4 so there's no question you've "complied with" the NFA, and keep the approval with you in the field. Check current processing in our NFA wait times tracker, compare South Dakota next door, which took silencers off its controlled-weapon list this year, and Alaska, another plaintiff state with an NFA-tied statute. Browse the new suppressors of 2026 or the national buying guide.

Frequently asked questions

Are suppressors legal in North Dakota in 2026?

Yes, for a person who has complied with the National Firearms Act. NDCC 62.1-05-01 bars having a silencer "unless that person has complied with the National Firearms Act [26 U.S.C. 5801-5872]." A violation is a class C felony.

Do I still need a Form 4 for a suppressor in North Dakota?

ATF hasn't enforced NFA registration for suppressors since October 9, 2026, but North Dakota's statute still turns on NFA compliance and we found no official state guidance on how it applies. A voluntary $0 Form 4 is the conservative way to meet the statute.

Can you hunt with a suppressor in North Dakota?

Yes. NDCC 20.1-01-36 lets an individual in lawful possession of a suppressor hunt any game they're licensed for where a firearm is allowed. Subsection 2 allows a short-barreled rifle where a rifle is allowed.

Does a North Dakota sheriff have to sign off on NFA paperwork?

When federal law requires a chief law enforcement officer's certification, NDCC 62.1-05-03 requires the officer to provide it within 30 days unless the applicant is prohibited, and bars refusals based on a generalized objection to private ownership.

Sources

Supplementary sources

News reports, advocacy groups, dealer practice and unofficial copies. They add context or report statements; the primary sources above control.

American Suppressor Association via NASGW: The Suppressor Map, state counts from ATF FOIA request 2026-01285 (May 2026) (industry group)