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require that certain mental health information be submitted to and subsequently removed from the National Instant Criminal Background Check System.

South Dakota will now require prosecutors to report mental health records to the FBI's background check system within two hours (instead of seven days) when someone is found not guilty by reason of insanity or deemed incompetent to stand trial, allowing the system to flag these individuals as prohibited from purchasing firearms. The bill also establishes a process for removing this information from the national database once certain legal conditions are met. These reports will contain only identifying information, not medical details about diagnosis or treatment.

provide that a firearm silencer is not a controlled weapon.

South Dakota law currently classifies firearm silencers as controlled weapons, but this bill removes that classification so silencers are no longer regulated as controlled weapons under state law. This change affects both the definition section of South Dakota's criminal code and the specific rules governing controlled weapons, effectively allowing silencers to be owned and used without the legal restrictions that previously applied to them.

prohibit the use of property and personnel in the enforcement of certain federal laws pertaining to firearms.

Starting July 1, 2026, South Dakota prohibits state and local government property and employees from being used to enforce certain new federal gun laws that are stricter than South Dakota's laws—specifically those creating gun registries, requiring gun owner licenses, mandating background checks for private sales, or confiscating firearms from law-abiding citizens. State and local law enforcement cannot collect or share information to help federal authorities enforce these specific federal gun measures. This creates a new state law that blocks cooperation between South Dakota officials and federal gun enforcement efforts in these defined areas.