State suppressor law

South Dakota Suppressor Laws in 2026: SB 2 Took Silencers Off the Controlled Weapon List

By Cole Harlan, EditorUpdated Oct 23, 2026How we verifyEditorial standards

South Dakota changed its suppressor law in 2026, and the change matters more now that ATF has stopped enforcing NFA registration. Senate Bill 2 rewrote the state's definition of a "controlled weapon" so that it "does not include a firearm silencer." Before that, state law treated a silencer like a machine gun, and the way out was a federal license or federal registration. Here is what the enrolled bill says, what it does not say, and where South Dakota hunters should check for themselves.

Not legal advice. This page summarizes the enrolled text of SB 2, the South Dakota Codified Laws, state agency publications 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 South Dakota attorney if your situation is unusual.

The short answer

Suppressors are legal to own in South Dakota and, since SB 2, state law no longer treats a silencer as a "controlled weapon." The enrolled definition reads: "'Controlled weapon' includes a machine gun and short shotgun, but does not include a firearm silencer."
The Governor signed it February 10, 2026. His office called South Dakota "the first state in the nation to remove suppressors from the list of controlled weapons." The Attorney General's 2026 legislative summary lists it as effective July 1, 2026.
No state registration tie. The old rule that exempted a controlled weapon with a federal license or federal registration no longer has to be met for a silencer, so an unregistered can doesn't run into it.
Federal law is untouched. The NFA, the Gun Control Act, the Form 4473 and the background check still apply, and ATF says its October 9 policy could be reversed.

What SB 2 changed

SB 2 is titled "An Act to provide that a firearm silencer is not a controlled weapon." It amends SDCL 22-1-2, the definitions section of the criminal code, and SDCL 22-14-6, the possession offense.

SDCL 22-1-2(8) now defines a controlled weapon as including "a machine gun and short shotgun, but does not include a firearm silencer."
SDCL 22-1-2(17) still defines "firearm silencer" as "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." The definition stays, so the term is still available to the rest of the code.
SDCL 22-14-6 makes knowing possession of a controlled weapon a Class 6 felony. Its exceptions include a person who "has a federal license issued pursuant to law for the weapon or has registered the weapon with the proper federal authority pursuant to law." That exception was the state's tie to federal registration. A silencer is no longer a controlled weapon, so that offense no longer reaches it.

The summary of prior law comes from the Attorney General's own description: its 2026 Legislative Summary says SB 2 "removed silencers from the list of controlled weapons." We haven't reproduced the pre-2026 text of the definition here, since we're citing the enacted bill and the official summaries of it.

What SB 2 doesn't touch

Machine guns and short shotguns remain controlled weapons, with the same federal-registration exception.
Short rifles. SDCL 22-1-2(46) defines a "short rifle" as a rifle with a barrel under 16 inches or an overall length under 26 inches, but the controlled weapon definition lists only a machine gun and short shotgun. Our SBR state table carries the same note. Confirm the rest of Title 22 with an attorney before you rely on it.
Misuse and prohibited persons. Nothing in SB 2 changes who may possess firearms or what happens if you commit a crime with one.

How ATF's October 9 change plays out in South Dakota

ATF's open letter says it will stop enforcing the NFA's approval, registration and tax-stamp requirements for suppressors, SBRs, SBSs and AOWs. Its FAQ notes that many states impose no state-level controls on silencers. South Dakota now fits that description for suppressors. The state was also one of the 15 plaintiff states in Silencer Shop Foundation v. ATF, the case behind the policy.

The open variable is federal. ATF says enforcement could resume and that unregistered items would not be automatically grandfathered. A voluntary Form 4 costs $0 and puts the can on the federal registry if you want that protection. See our NFA updates and the national buying guide.

Hunting with a suppressor in South Dakota

We searched the South Dakota Game, Fish and Parks 2026 Big Game Regulations and its 2026 Hunting and Trapping Handbook for "suppressor," "silencer" and "muffler" and found no mention of any. That means we found no GFP rule restricting a suppressor on a legal firearm, but also no GFP statement saying it's allowed. Regulations can be amended and the PDFs aren't the whole rulebook, so check with GFP for your species and season before you hunt.

Bottom line for South Dakota buyers

If you live in South Dakota, state law is now one of the simplest in the country for suppressor ownership: the Legislature took silencers out of the controlled weapon category and the Governor signed it. Buy through a licensed dealer on a Form 4473, decide whether the voluntary Form 4 is worth it to you, and keep your paperwork. South Dakota has 117,209 registered suppressors, according to ATF registry data obtained by the American Suppressor Association. Browse the new suppressors of 2026 and compare Kansas, another state that took its suppressor offense out of the criminal code this year.

Frequently asked questions

Are suppressors legal in South Dakota in 2026?

Yes. SB 2, signed February 10, 2026, amended SDCL 22-1-2 so that a "controlled weapon" "does not include a firearm silencer." The Attorney General's legislative summary lists it as effective July 1, 2026. Federal rules, including the Form 4473 and background check, still apply.

Do I need to register a suppressor in South Dakota?

South Dakota law no longer treats a silencer as a controlled weapon, so the state's federal-registration exception for controlled weapons doesn't apply to it. Since October 9, 2026 ATF hasn't enforced NFA approval or registration for suppressors. A voluntary Form 4 is available at $0.

What counts as a controlled weapon in South Dakota now?

SDCL 22-1-2(8), as amended by SB 2, says a controlled weapon "includes a machine gun and short shotgun, but does not include a firearm silencer." Knowing possession of a controlled weapon is a Class 6 felony under SDCL 22-14-6, subject to its listed exceptions.

Can you hunt with a suppressor in South Dakota?

We found no mention of suppressors in South Dakota GFP's 2026 Big Game Regulations or 2026 Hunting and Trapping Handbook, so we found no restriction and no express permission. Check with GFP for your species and season.

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)