Yes, blank-firing guns are legal in South Dakota when used in compliance with state and federal statutes, including ATF regulations. State law treats them as non-firearms, but local ordinances may impose additional restrictions, particularly in municipalities like Sioux Falls or Rapid City. Recent 2026 legislative proposals aim to clarify licensing requirements for dealers handling blank-firing devices.
Key Regulations for Blank Firing Guns in South Dakota
- State Statute 23-7-7: Exempts blank-firing guns from firearm definitions but prohibits their sale to minors under 18 without parental consent.
- ATF Compliance: Dealers must adhere to 27 CFR § 478.11, ensuring blank-firing devices lack rifled barrels capable of accepting live ammunition.
- Local Ordinances: Cities like Aberdeen and Pierre may require permits for public discharge, with penalties up to $500 for violations under municipal codes adopted in 2025.
Failure to comply risks misdemeanor charges under SDCL 22-14-15, particularly if devices are modified to resemble functional firearms. The South Dakota Division of Criminal Investigation monitors compliance, aligning with 2026 federal guidance on “antique firearms” exemptions. Consult the South Dakota Attorney General’s 2024 Firearms Compliance Bulletin for updates.