Suppressors are legal to own in South Dakota as long as you register the device with the federal government under the National Firearms Act. South Dakota suppressor laws classify silencers as “controlled weapons,” but the statute exempts anyone who has completed federal registration, and the ATF transfer tax on suppressors is now $0. Approval for an electronically filed individual application currently averages about 10 days.
What South Dakota Law Says
SDCL 22-1-2 defines a “controlled weapon” to include firearm silencers, machine guns, and short shotguns.1South Dakota Legislature. South Dakota Code 22-1-2 – Definitions Possessing one without authorization is a Class 6 felony under SDCL 22-14-6, punishable by up to two years in a state correctional facility, a fine of up to $4,000, or both.2South Dakota Legislature. South Dakota Code 22-6 – Felony Classes and Penalties
The same statute carves out a broad exception: the felony does not apply to anyone who holds a valid federal license or has registered the weapon with the proper federal authority.3South Dakota Legislature. South Dakota Code 22-14-6 – Possession of Controlled Weapon, Felony, Exceptions Your ATF-approved Form 4 is what keeps a legally owned suppressor out of felony territory at the state level.
South Dakota also blocks counties, municipalities, and townships from passing their own ordinances restricting the possession, storage, transport, purchase, sale, transfer, or manufacture of firearms, ammunition, or components. No city or county can add a local suppressor ban or permit requirement on top of state and federal law.
One change worth watching: Senate Bill 2 in the 2026 session would remove firearm silencers from the “controlled weapon” definition entirely.4South Dakota Legislature. 2026 Senate Bill 2 If it becomes law, the theoretical state-level felony would go away, but federal registration would still be required independently.
Who Can Legally Own One
The National Firearms Act treats suppressors as “firearms” subject to federal registration, background check, and ATF approval before transfer. To be eligible, you must be:
- At least 21 to buy from a licensed dealer. Certain individual transfers, such as inheritance, can go to someone 18 or older.
- A legal U.S. resident, and a resident of the state where the transfer takes place.
- Free of federally disqualifying history: no felony conviction, no domestic-violence restraining order, no misdemeanor crime of domestic violence, no adjudication of mental incompetence, and no unlawful use of controlled substances.
The controlled substance rule catches people off guard. Federal law still classifies marijuana as a Schedule I substance, so anyone who uses marijuana recreationally or medicinally is a prohibited person under federal firearms law regardless of state law. Answering dishonestly about drug use on the federal background check form is itself a federal crime.
How to Buy a Suppressor
Most purchases go through a Class 3 dealer, meaning a federal firearms licensee who has paid the Special Occupational Tax. You choose the suppressor, pay the dealer, and then wait on ATF approval before you can take it home.
Filing ATF Form 4
The dealer submits ATF Form 4 (Application for Tax Paid Transfer and Registration of Firearm) on your behalf, capturing the serial number, manufacturer, and model along with your personal information.5Bureau of Alcohol, Tobacco, Firearms and Explosives. Firearms Forms Most dealers now file electronically through the ATF eForms system, which is significantly faster than paper.6Bureau of Alcohol, Tobacco, Firearms and Explosives. eForms Applications
Fingerprints, Photo, and CLEO Notice
You submit fingerprints and a passport-style photograph (2×2 inches, taken within the past year). For eForms, many dealers and print services produce a digital EFT file that uploads to the portal. On paper, you send two completed FBI FD-258 fingerprint cards.
You also send a copy of the completed application to your local Chief Law Enforcement Officer. Under ATF Rule 41F, this is notification only. The CLEO does not have to sign, approve, or respond.7Bureau of Alcohol, Tobacco, Firearms and Explosives. Background Checks for Responsible Persons (Final Rule 41F)
Wait Times
As of mid-2026, the ATF reports average eForms processing of roughly 10 days for individual Form 4 applications and about 26 days for trust Form 4 applications.8Bureau of Alcohol, Tobacco, Firearms and Explosives. Current Processing Times Paper filings take much longer. These numbers fluctuate with ATF workload, so check the current processing times page before setting expectations. Once approved, the dealer receives notice and can release the suppressor to you.
What It Actually Costs
For years, every suppressor transfer required the $200 federal “tax stamp.” Under the current text of 26 U.S.C. § 5811, the transfer tax stays at $200 only for machineguns and destructive devices. For every other NFA firearm, including suppressors, the tax rate is now $0.9Office of the Law Revision Counsel. 26 USC 5811 – Transfer Tax
Budget for the incidentals. Dealers typically charge a transfer or storage fee to handle the paperwork and hold the suppressor during approval, commonly $25 to $150. Digital fingerprinting generally runs $10 to $50. If you’re buying through a trust, notary fees for trust documents usually come in under $25.
Individual Registration or a Gun Trust
On the Form 4, you decide whether to register the suppressor to yourself as an individual or to a legal entity such as an NFA gun trust. Both are legitimate, and they behave differently in practice.
Individual registration is simpler. You submit one set of fingerprints and one photo, and only you can legally possess the suppressor. Nobody else can use it, even at the range, unless you’re physically present. On your death, the suppressor transfers to an heir through a tax-exempt ATF Form 5, but that takes time and paperwork.
An NFA gun trust lets multiple co-trustees legally possess and use the same suppressor. A spouse, adult child, or shooting partner named as a co-trustee can access it independently. The trust also smooths inheritance because the successor trustee steps in without a fresh transfer. The tradeoff: every “responsible person” on the trust must submit fingerprints, a photograph, and an ATF Form 5320.23 (Responsible Person Questionnaire) with each new NFA application, and each of those people sends a copy to their local CLEO.10Bureau of Alcohol, Tobacco, Firearms and Explosives. NFA Responsible Person Questionnaire (ATF Form 5320.23)
If you’re buying one suppressor for your own use and don’t need shared access, individual registration is the straightforward choice. If you want a spouse or family member to be able to use it without you, a trust is worth setting up.
Building Your Own
Federal law allows you to manufacture a suppressor for your own use, but the ATF has to approve the build before you start. You file ATF Form 1 (Application to Make and Register a Firearm) instead of Form 4. Documentation is similar: fingerprints, photo, CLEO notification, and the same background check. Form 1 can be filed electronically or on paper.
Do not begin building, drilling, or assembling components until the ATF approves your Form 1. Having the parts on hand in a configuration that could readily be assembled into a functional suppressor can be treated as constructive possession of an unregistered NFA firearm. The ATF and federal courts look at what parts you have and the apparent intent to assemble them, not whether the device is finished. Solvent trap kits and thread adapters marketed as “cleaning accessories” land buyers in federal trouble on a regular basis.
Traveling Out of State With a Suppressor
Suppressors have a real advantage over other NFA items when it comes to travel. Federal law requires prior ATF approval (Form 5320.20) to move machineguns, short-barreled rifles, short-barreled shotguns, and destructive devices across state lines. Suppressors are not on that list.11Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts You can transport a registered suppressor across state lines without additional ATF paperwork.
The catch is the destination. A handful of states ban suppressors outright, and carrying one into those states is a serious felony regardless of your South Dakota registration. Confirm the laws of every state you’ll travel through and your destination before the trip, and keep a copy of your approved Form 4 with the suppressor as proof of registration.
If you move out of South Dakota permanently, update your address on file with the ATF through the NFA registry. Prior approval isn’t required for the move itself, but your registration should reflect where you live, and your new state must allow possession.
Hunting With a Suppressor
South Dakota places no restrictions on using a suppressor while hunting. You can use one for big game like deer and elk, small game, predators, and varmints. State hunting regulations don’t distinguish between suppressed and unsuppressed firearms, so no special permit or endorsement is required beyond your standard hunting license and any species tags. The reduced sound signature also cuts hearing damage in the field and lessens disturbance to nearby landowners and non-target wildlife.
Penalties for Skipping Registration
South Dakota’s Class 6 felony for an unregistered controlled weapon carries up to two years and a $4,000 fine. Federal penalties are steeper. Under 26 U.S.C. § 5871, anyone who violates the National Firearms Act faces up to 10 years in federal prison, a fine of up to $10,000, or both.12Office of the Law Revision Counsel. 26 USC 5871 – Penalties With a $0 transfer tax and approval times measured in days rather than months, there is no practical reason to own a suppressor outside the registration system.