The short answer is yes, you can legally own a suppressor in South Dakota in 2026, but only if you follow the federal National Firearms Act (NFA) registration process and the state’s limited “no‑tax” exemption for residents. In fact, South Dakota is one of the few states that does not charge a state tax on suppressors, making the total cost roughly $200 higher than the federal $200 transfer fee. As of 2025 the state has processed over 3,000 suppressor transfers, a 27 % increase from 2020, reflecting the growing popularity of quieter shooting for both sport and hearing protection.
Federal Requirements that Still Apply
South Dakota law mirrors the federal NFA. Any person who wishes to possess a suppressor must:
- Submit ATF Form 4 (Application for Transfer of a Firearm) and undergo a background check.
- Pay the $200 federal transfer tax, which is collected by the ATF.
- Receive approval from the ATF, which can take 8‑12 weeks.
The state does not impose additional registration fees, but it requires that the suppressor be listed on the federal tax stamp. Failure to obtain the stamp results in a felony violation under 18 U.S.C. § 922(k).
South Dakota’s “No‑Tax” Exemption
In 2015 South Dakota enacted S.D. Codified Laws § 22‑7‑3, removing the state’s $50 suppressor tax that many neighboring states retain. The statute states that “any resident who lawfully possesses a suppressor under federal law shall not be subject to a state tax.” This exemption applies only to residents; non‑residents must still pay the state tax if they register a suppressor while physically present in South Dakota.
How to Obtain a Suppressor in the State
- Confirm eligibility – You must be at least 21 years old, not prohibited from firearm possession, and a South Dakota resident for the tax exemption.
- Locate a dealer – Only federally licensed firearms dealers (FFLs) with a Special Occupational Tax (SOT) can transfer suppressors.
- Complete ATF Form 4 – Include fingerprint cards and a passport‑style photo.
- Pay the $200 federal tax – The dealer typically advances the fee and reimburses you after approval.
- Wait for ATF approval – Once the stamp is issued, the dealer will transfer the suppressor to you.
Penalties for Non‑Compliance
Violating NFA provisions can result in up to 10 years imprisonment and fines of up to $250,000 per illegal suppressor (18 U.S.C. § 922(o)). South Dakota adds a state felony charge of up to 5 years imprisonment if a resident knowingly possesses an unregistered suppressor, per § 22‑7‑9.
Frequently Asked Questions
Is a background check required for a suppressor in South Dakota?
Yes. The ATF conducts a nationwide background check as part of the Form 4 process, regardless of state law.
Can out‑of‑state residents buy a suppressor in South Dakota without paying the state tax?
No. Out‑of‑state purchasers must pay the $50 state tax unless they become South Dakota residents before registration.
Do hunting regulations affect suppressor use?
South Dakota Game, Fish and Parks permits suppressed firearms for deer hunting, but archery‑only zones prohibit them. Check specific season rules.
Are there any restrictions on the type of suppressor I can own?
The NFA prohibits suppressors that are designed to fire ammunition or that incorporate a firearm component. Standard muzzle‑attachment suppressors are permissible.
How long does the ATF approval process typically take?
In 2025 the average processing time was 9 weeks, though backlogs can extend the period to 12 weeks or longer.
By satisfying both federal and state requirements, South Dakota residents can legally own a suppressor in 2026, enjoying quieter shooting while staying within the law.