South Dakota generally permits lawful possession of federally regulated National Firearms Act (NFA) items by a South Dakota resident who complies with...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
South Dakota generally permits lawful possession of federally regulated National Firearms Act (NFA) items by a South Dakota resident who complies with federal law. There is no state-level ban on machine guns, suppressors, short-barreled rifles, short-barreled shotguns, destructive devices, or any-other-weapons (AOWs) beyond the federal regulatory framework. The state's role is largely to defer to federal regulation under 26 U.S.C. Chapter 53 (the National Firearms Act) and 27 C.F.R. Part 479 (ATF NFA rules).
The National Firearms Act of 1934 (26 U.S.C. Chapter 53) and the Gun Control Act of 1968 (18 U.S.C. Chapter 44) regulate the following categories of firearms:
Lawful private possession of any of these requires:
South Dakota has not enacted a state-level prohibition on any NFA category that goes beyond federal law. SDCL Chapter 22-14 (Weapons) addresses firearms generally; it does not contain a state-law ban on machine guns, suppressors, SBRs, SBSs, destructive devices, or AOWs for compliant federal-NFA-permit holders.
SDCL Section 22-14-6 prohibits possessing a machine gun unless the possessor is in compliance with the federal National Firearms Act (26 U.S.C. Chapter 53) and ATF regulations. The South Dakota provision is a state-law parallel to the federal NFA regime; a person holding a valid ATF Form 4 transfer-approved machine gun in South Dakota satisfies both federal and state law.
Federal law (18 U.S.C. Section 922(o), the 1986 Hughes Amendment) prohibits civilian transfer or possession of any machine gun manufactured after May 19, 1986. The pool of civilian-transferable machine guns is fixed - only pre-1986 registered machine guns may be transferred to civilians, which has driven prices for civilian-legal machine guns to extreme levels.
This federal cap applies in South Dakota; no state law expands or contracts the federal framework.
Suppressors are lawful to own in South Dakota subject to ATF Form 4 approval and the $200 tax stamp. There is no state-level prohibition. A suppressor is treated like any other Title II firearm under federal law: registration, photographs, fingerprints, NICS check, and tax stamp.
A suppressor used for hunting is lawful in South Dakota under SDCL Chapter 41 (Game and Fish); the South Dakota Game, Fish and Parks Commission has approved suppressor use for legal take of game, subject to the usual hunting-license and seasonal rules.
Lawful with ATF Form 4 / Form 1 approval and tax stamp. No state-level prohibition. The ATF's 2023 administrative rule on stabilizing braces (ATF Final Rule 2021R-08F) recharacterized many pistol-brace-equipped firearms as SBRs - that federal rule applies in South Dakota the same as anywhere else, and South Dakota has not enacted state-law protections against the federal recharacterization.
Lawful with ATF Form 4 approval. Most civilian Title II owners do not pursue destructive-device registration; the category is rarely relevant outside specialized collector and demolition-industry contexts.
Lawful with ATF Form 4 approval and $5 transfer tax (not $200). No state-level prohibition.
The standard process for a South Dakota resident acquiring a Title II firearm from a dealer:
For an individual-owned Title II firearm, no chief-law-enforcement-officer (CLEO) sign-off is required (changed in 2016 under ATF Rule 41F), but the applicant must notify the CLEO of the application.
For trust-owned Title II firearms, each "responsible person" listed on the trust must execute ATF Form 5320.23, with fingerprints and photographs, and pass a NICS check.
South Dakota imposes state sales tax (currently 4.2%) on the dealer's transfer of an NFA firearm, the same as any other firearm sale. Municipal and county sales taxes also apply. The federal $200 tax stamp is separate from the state sales tax.
Bringing a Title II firearm into South Dakota from another state requires ATF Form 5320.20 (Application to Transport Interstate or to Temporarily Export Certain National Firearms Act Firearms) approval before the trip. The form is good for one year and covers either a single trip or recurring travel to a specific destination.
A South Dakota resident traveling out of state with a Title II firearm needs Form 5320.20 approval (unless traveling exclusively within South Dakota). Suppressors are NOT subject to the Form 5320.20 requirement; only machine guns, SBRs, SBSs, and destructive devices are.
The Regular, Enhanced, and Gold Card permits authorize concealed carry of a pistol (SDCL Sections 23-7-7, 23-7-53, 23-7-60). The permits do not authorize concealed carry of any NFA item that is not also a pistol. A short-barreled rifle concealed in a backpack is not authorized as concealed-pistol-permit carry; the SBR is regulated by federal NFA law and state long-gun-transport rules.
A Title II AOW that is built on a pistol platform (smooth-bore handgun, pen gun) is a pistol for state-law-carry-permit purposes but is also an AOW under federal NFA - both regimes apply.
This page covers one part of our South Dakota concealed carry guide.
Read the complete South Dakota guideBrowse local instructors offering state-approved training in your area. Book online, complete your training, and get one step closer to your concealed carry permit.