Guns & 2nd Amendment

Allows people to own firearm silencers without special permits.

This bill removes firearm silencers from the definition of 'controlled weapon' in South Dakota criminal law. Currently, controlled weapons include firearm silencers, machine guns, and short shotguns. After this change, controlled weapons would only include machine guns and short shotguns, while firearm silencers would be treated as regular firearms under state law.

Prohibits state resources from enforcing federal gun laws.

This bill prohibits South Dakota state and local officials from providing material aid to enforce federal firearm measures that are more restrictive than state law and take effect after July 1, 2026. It defines material aid as assistance with investigations, detention, or arrest including sharing information, using equipment/facilities/personnel, funding, or joint task force participation. Violations are Class 1 misdemeanors. The bill creates a private civil cause of action allowing lawsuits against the state or local governments for violations, with penalties up to $50,000 per violation plus attorney's fees. It also allows whistleblower complaints to the attorney general and provides retaliation protection for employees who report violations.