As a responsibly armed American, you already know how challenging it can be to stay updated on gun laws.
South Dakota gun owners, you’re in luck. We’ve gathered some of the most frequently asked firearms questions in your state. Read on for answers to some of the top questions regarding South Dakota gun laws. (Not from South Dakota? Check the Legal & Second Amendment tab for your state.)
Can You Carry a Gun in South Dakota? Do You Need a Concealed Carry Permit in South Dakota?
South Dakota is now a constitutional carry state, so anyone at least 18 years old who can legally possess a firearm may concealed carry a firearm without a concealed carry permit. Open carry is also legal in South Dakota without a permit. The minimum age is 18 years old. Based upon an unofficial 2004 Opinion of the Attorney General, without a permit, handguns in a vehicle must be in plain sight.
Are Brass Knuckles Legal in South Dakota? Are Butterfly Knives Illegal in South Dakota?
It is legal to own any type of knife. Knives may be carried openly or concealed in South Dakota. Brass knuckles are legal in South Dakota. Brass knuckles can be carried in a concealed manner unless they are being concealed with the intent to harm.
Can I Carry a Loaded Gun in My Car in South Dakota?
Yes, anyone at least 18 years old who can legally possess a firearm can carry a handgun in a vehicle without a permit. However, South Dakota law prohibits anyone from operating or riding on any motorcycle or off-road vehicle with a loaded firearm that is not within a carrying case entirely enclosing the firearm.
Can a Convicted Felon Own a Gun in South Dakota?
Possibly. The federal Gun Control Act of 1968 (18 U.S.C. § 922) generally prohibits the sale of firearms to any person who has been convicted of or is under indictment for a crime punishable by imprisonment for more than one year. However, South Dakota statutes make it possible for a person who has been convicted in this state or elsewhere of specific violent crimes or felonies to possess or have control of a firearm if he or she was discharged from prison, jail, probation or parole more than five to fifteen years ago, based on the offense. [S.D. Codified Laws §§ 22-14-15 & 15.1]
How Old Do You Have to Be to Carry a Pistol in South Dakota?
The minimum age to possess and transport a handgun in South Dakota is 18.
Is South Dakota a ‘Stand Your Ground’ State?
Yes. South Dakota is a Castle Doctrine state and has a “stand your ground” law.
Any person is justified in the use of force or violence against another person when he or she reasonably believes that such conduct is necessary to prevent or terminate the other person’s trespass on or other criminal interference with real property or personal property. This includes property lawfully in his or her possession or in the possession of another who is a member of the immediate family or household of a person whose property he or she has a legal right to protect. There is no duty to retreat as long as his or her force is justified. The law applies as long as the person is in a place where he or she has the right to be.
How Much Is a Concealed Carry Permit in South Dakota?
There are three types of permits available in South Dakota: Regular, Gold Card and Enhanced. All three permits are valid for five years. Regular permits cost $10, Gold Card permits $70 and Enhanced permits $100. There is an additional fingerprinting fee of $43.25 for Gold Card and Enhanced permits.
Federal background checks are processed for Gold Card and Enhanced permits. The Gold Card and Enhanced permits also satisfy the purchase exemption from the Brady Handgun Violence Prevention Act such that they prove passage of the National Instant Criminal Background Check System (NICS) on the spot. A firearms safety course is required for the Enhanced permit only. Individuals who are interested in carrying concealed in other states need to apply for either the Gold Card or Enhanced permit. Gold Cards are recognized in 32 other states, while Enhanced permits are recognized in 37 other states.
Ready to Learn More About South Dakota Gun Laws?
It is your responsibility as a gun owner to know and understand the laws regarding your concealed carry rights. The USCCA’s Concealed Carry Reciprocity & Gun Laws Map has been designed to help inform and educate armed citizens like you. To learn more about South Dakota’s concealed carry permit application process, concealed carry restrictions and training requirements, visit the South Dakota gun laws page now.
The information contained on this website is provided as a service to USCCA, Inc. members and the concealed carry community and does not constitute legal advice. Although we attempt to address all areas of concealed carry laws in all states, we make no claims, representations, warranties, promises or guarantees as to the accuracy, completeness or adequacy of the information disclosed. Legal advice must always be tailored to the individual facts and circumstances of each individual case. Laws are constantly changing and, as such, nothing contained on this website should be used as a substitute for the advice of a lawyer.
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