Summary of South Dakota Gun Laws
South Dakota is currently a shall-issue, constitutional carry state. Permits are processed at the county level by the sheriff’s office. No permits, firearms registration or background checks are required to buy a handgun from a private individual.
Open carry is legal in South Dakota without a permit. The minimum age is 18 years old. Based upon an unofficial 2004 Attorney General Opinion, without a permit, handguns in a vehicle must be in plain sight. Some areas are off-limits, including elementary and secondary schools and school buses.
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. Those wanting to concealed carry out-of-state will still need to get a concealed carry permit. Concealed pistol permits (CPP) are issued to residents as well as members of the military and their spouses stationed in South Dakota. There are three permits available: Regular, Gold Card and Enhanced. The regular permit allows holders to carry concealed and is recognized in a number of other states. The gold card permit, in addition to the benefits of a regular permit, proves passage of the National Instant Criminal Background Check System (NICS) when purchasing a firearm, resulting in no required waiting period. The enhanced permit requires a firearms training course, benefits from the purchase exemption and is recognized in six more states than the regular license. In terms of reciprocity, South Dakota recognizes permits issued by all States. As of July 1, 2019, enhanced CPP holders are able to carry in the State Capitol building following 24-hour prior notification to the superintendent of the Highway Patrol.
South Dakota is a Castle Doctrine state and has a “stand your ground” law. There is no duty to retreat and the law applies as long as the person is in a place where he or she has the right to be.
South Dakota Gun Laws Quick Links
Reciprocity | Permit Information | Permit Application | Permit Renewal | LEOs & RLEOs | Location Restrictions | Recent Updates
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South Dakota Gun Laws at a Glance
Open Carry/ Concealed Carry Basics
Constitutional Carry?Does South Dakota allow constitutional carry? |
Yes, as of July 1, 2019. |
Open Carry Permitted?Is open carry permitted in South Dakota? |
Yes, without a permit. Any person who is at least 18 years old and legally entitled to carry a firearm can open carry. |
Gun Permit Licensure?If South Dakota requires a permit to carry a concealed firearm, how are those permits issued? |
South Dakota is a shall-issue state. |
Minimum Age for Concealed Carry?What is the minimum age in South Dakota to get a concealed carry permit? |
The minimum age to concealed carry in South Dakota is 18. |
Weapons Other Than Handguns Allowed?Can you concealed carry weapons other than handguns in South Dakota with a concealed carry permit (or under permitless carry if applicable)? |
No. The concealed carry permit in South Dakota does not allow you to carry weapons other than handguns. |
Tasers or Stun Guns?Is it legal to own a taser or stun gun in South Dakota? |
Yes. Stun guns and Tasers are legal to purchase and possess without a permit. |
Non-Resident Permitting?Does South Dakota issue concealed carry permits to non-residents? |
Yes, for members of the military and their spouses stationed in South Dakota. |
Public Access to Concealed Carry Registry?Does South Dakota allow the public to access concealed carry registry information through public records law? |
No. South Dakota does not allow the public to access concealed carry registry information. |
Carry Locations
Carry in Vehicle?Can you carry a concealed firearm in a vehicle in South Dakota? |
Yes, with a valid concealed carry permit. Based upon an unofficial 2004 Attorney General Opinion, without a permit, handguns in a vehicle must be in plain sight. Otherwise, a firearm carried for "any lawful use" must be unloaded and carried in the trunk or other closed compartment of a vehicle or in a closed container which is too large to be effectively concealed on the person or within the person's clothing. The container may be carried in a vehicle or in any other manner. |
Carry at Roadside Rest Areas?Can you carry a concealed firearm at roadside rest areas in South Dakota? |
Yes. Concealed carry is allowed at roadside rest areas in South Dakota. |
Carry in State/National Parks, State/National Forests and Wildlife Management Areas (WMAs)?Can you carry a concealed firearm in state/national parks, state/national forests and Wildlife Management Areas in South Dakota? |
Yes. Concealed carry is allowed in state/national parks, state/national forests and Wildlife Management Areas in South Dakota. |
Carry in Restaurants That Serve Alcohol?Can you carry a firearm in restaurants that serve alcohol in South Dakota? |
Yes, but not in the bar area. |
Store in a Vehicle in an Employee Parking Lot?Does South Dakota have laws relating to storing firearms in private vehicles in an employee parking lot? |
Not addressed in South Dakota state law. |
Additional Related State Laws
Must Notify Officer You're Carrying?Are you required to notify a police officer that you're carrying a concealed firearm in South Dakota? |
No. You are not required to notify an officer you are concealed carrying in South Dakota. |
Magazine Limits for Handguns?Does South Dakota have magazine capacity restrictions for handguns? |
No. There are no magazine capacity restrictions in South Dakota. |
Ammunition Restrictions?Does South Dakota have ammunition restrictions? |
No. South Dakota does not have ammunition restrictions. |
"No Weapons Allowed" Signs Enforced?Are "No Weapons Allowed" signs enforced in South Dakota? If yes, violating the sign would be considered to be a crime. If no, violating the sign would not be considered a criminal offense. |
No. "No Weapons Allowed" signs are not enforced in South Dakota. |
Preemption?Does South Dakota have preemption laws related to concealed carry (i.e. Does state law supersede local laws regarding the possession of handguns)? |
Yes. The authority to regulate firearms is reserved to the state. The governor signed HB 1056 on March 6, 2019, into law which strengthened the state's authority. If a county, township or municipality attempts to pass or enforce an ordinance in violation of state preemption law, the attorney general will bring an action in the name of the state for injunctive relief against the municipality. In addition, a court shall grant any person charged with a violation of an ordinance prohibited under this section reasonable costs, expenses and attorney's fees. |
Red Flag Law?Does South Dakota have a red flag law? |
No. South Dakota does not have a red flag law. |
Carry While Using Alcohol or Prescription Medication?Does South Dakota have laws regarding carrying a firearm while using alcohol or prescription medication? |
Not addressed in state statutes. As a responsibly armed American, regardless of the laws in your state, it is unwise to carry while under the influence of any substance that could impair your judgement, slow your reaction times or impact your decision-making abilities. Any decision you make while carrying a firearm could have life-altering consequences. |
Handgun Purchase & Possession
Purchase Permits?Is a permit required to purchase a handgun in South Dakota? |
No. A permit is not required to purchase a handgun in South Dakota. |
Background Checks for Private Gun Sales?Are background checks required for private gun sales in South Dakota? |
No. It is recommended that you retain any sales receipts to prove ownership of the gun. |
Waiting Period?Is there a waiting period after purchasing a handgun in South Dakota? |
No. There is not a waiting period after purchasing a handgun in South Dakota. |
Handgun Registration?Do handguns need to be registered in South Dakota? |
No. Handguns do not need to be registered in South Dakota. |
Minimum Age to Possess and Transport?What is the minimum age to possess and transport a handgun in South Dakota? |
The minimum age to possess and transport a handgun in South Dakota is 18. |
Carry While Hunting
Carry While Gun Hunting?Can you concealed carry while shotgun/rifle hunting in South Dakota? |
Yes. |
Carry While Bow Hunting?Can you concealed carry while bowhunting in South Dakota? |
Yes. No firearm restrictions in place for any hunting season prohibit a licensee or person possessing a valid concealed pistol permit from carrying a pistol |
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State Constitutional Provision
South Dakota Concealed Carry Reciprocity With Other States
Which states' permits does South Dakota honor?
Since South Dakota has permitless carry, any person who is at least 18 years old who can legally possess a firearm may conceal carry a firearm without a permit.
Other States' Reciprocity With South Dakota
Which states honor permits from South Dakota?
Note: Firearms must be carried in accordance with the laws of the state you are visiting. Be sure to check the laws of the other state before traveling there with your firearms.
States That Have Restricted Reciprocity with South Dakota
Permitless Carry States
Anyone who can legally possess a firearm may carry it concealed in permitless carry states without a permit/license. Check each state’s page for more information and any restrictions that may apply.
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Discover MembershipSouth Dakota Concealed Carry Permit Information
Requirements: |
An applicant must:
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Fees: |
Regular $10; Gold Card $70; Enhanced $100 Renewals - Regular $10; Gold Card $70; Enhanced $50 |
Valid For: |
5 years |
Processing Time: |
Regular - 5 days for a temporary permit. Because of the fingerprint background investigation for the enhanced and gold permits, the issuance of these temporary permits may take longer. Official permits are issued in 30 days. |
Application: |
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Non-Resident Concealed Carry Permits: |
Permits granted to members of the military and their spouses stationed in South Dakota. The process is the same as for residents. |
Name/Address Changes: |
Write a letter to the office of the secretary of state with name, DOB, old address, new address, (or former name, new name) permit number and $2 (cash, check or money order). Send to: Secretary of State |
Lost/Stolen Permits: |
Write a letter to the office of the secretary of state with name, DOB, address and $2 (cash, check or money order). Send to: Secretary of State |
South Dakota Concealed Carry Permit Application Process
How to Apply for a South Dakota Concealed Carry Permit
Step 1: |
Determine which permit you want; there are three available: Regular, Gold Card and Enhanced. |
Step 2: |
Complete a training course within 12 months preceding your application if you want an Enhanced Permit. |
Step 3: |
You must complete a temporary application in person at your local sheriff's office. Your fingerprints will be taken for Gold Card or Enhanced Permits. A separate payment is required for the cost of processing the fingerprint background check. |
Step 4: |
The sheriff will issue a temporary permit within 5 days. |
Step 5: |
Within 7 days after the temporary permit has been issued, the sheriff will send a copy of the application to the secretary of state who issues the official permit. The official permit will be issued within 30 days. |
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Three types of permit available are:
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Firearms Training Requirements in South Dakota
Training is required in order to obtain an Enhanced Permit. A qualifying handgun course must include instruction in each of the following:
- South Dakota law relating to firearms and the use of force;
- The basic concepts of the safe and responsible use of handguns;
- Self-defense principles; and
- Live-fire training including the firing of at least 98 rounds of ammunition by the student.
South Dakota Concealed Carry Permit Renewal Process
How to Renew a South Dakota Concealed Carry Permit
Step 1: |
The holder of the enhanced permit may renew the permit through the sheriff of the county where the holder resides for a period beginning 90 days before the permit expires and ending 30 days after expiration of the permit, if the holder pays the $50 renewal fee and passes a National Instant Criminal Background Check. If the holder of the enhanced permit to carry a concealed pistol does not renew the permit within 30 days of expiration of the permit, the holder must reapply for an enhanced permit to carry a concealed pistol. The holder of a gold card permit may renew the permit within 90 days of expiration, as well as the holder of a regular permit who may renew 90 days prior to expiration. Individuals who have a permit issued in accordance with chapter 23-7 have a 60-day grace period to renew the permit. During the grace period, the permit holder may continue to carry a concealed pistol; however, law enforcement may issue a warning ticket in such situations to provide notification to the permit holder of the expired status. This grace period does not apply to any permit holder who commits a crime that would make it unlawful for the permit holder to possess a gun, or a permit holder who attempted to renew the holder's permit, but was denied. Additional firearm training is required if a permit has expired for more than 30 days. |
Step 2: |
A renewed Permit to Carry a Concealed Pistol may be obtained from the sheriff of the county which the applicant is a resident. |
Law Enforcement Officers (LEO)/Retired LEOs
Law enforcement officers (LEOs) and Retired LEOs (RLEOs) may choose to carry under the Law Enforcement Officers Safety Act (LEOSA), often referred to as HR 218. Under 18 U.S. Code §§ 926B & 926C, qualified LEOs and qualified retired LEOs, or those separated from service in good standing, can carry a concealed firearm in any jurisdiction in the United States, regardless of state or local laws, with some exceptions. For details check out our Federal Law Enforcement Officers Safety Act (LEOSA) page.
Per South Dakota Admin Rule § 2:01:06:17.01, RLEOs must qualify with the officer’s duty handgun every calendar year by completing a certified shooting course that is administered by a firearms instructor who has been approved by the Law Enforcement Officers Standards and Training Commission or the executive secretary. A law enforcement officer may not qualify or requalify on a noncertified course. Applicants must obtain a passing score of at least 75 percent.
South Dakota Location Restrictions
Where Can I Carry a Concealed Firearm in South Dakota? |
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Where Can't I Carry a Concealed Firearm in South Dakota?Places off-limits even with a permit/license |
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FAQ: South Dakota Concealed Carry Questions
What Are the Knife Laws in South Dakota? |
All types of knives are legal in South Dakota and they may be carried openly or concealed. |
Related Information & Links for South Dakota Gun Laws
South Dakota Gun Laws Updates:
| Date | Details |
|---|---|
| 2019-09-09 | Added Carry While Hunting info to At A Glance table |
| 2019-08-13 | Added anchor links to various sections below the Summary |
| 2019-07-26 | Added minimum age to possess and transport a handgun to At A Glance table |
| 2019-07-01 | Updated General and At A Glance table with constitutional carry info |
| 2019-05-24 | Added stun gun/Taser info to At A Glance table |
| 2019-05-03 | Added permit renewal and name/address change info |
| 2019-04-19 | Links checked |
| 2019-04-02 | Added info on state implementation of Law Enforcement Officer Safety Act (LEOSA) |
| 2019-03-20 | Updated the Genl, Permit and Where Can I Carry sections with State Capitol carry info |
| 2019-03-18 | Added HB 1056 preemption info to At A Glance table |
| 2019-02-22 | Added info to vehicle carry in At A Glance table |
| 2019-02-22 | Added USCCA Press Release regarding passage of constitutional carry |
| 2019-02-15 | Added pages for Federal Gun Laws, Traveling with Firearms & Terminology |
| 2019-02-09 | Added ammunition restrictions to At A Glance table |
| 2019-02-06 | Added red flag law info to At A Glance table |
| 2019-02-01 | Constitutional concealed carry info added to general info & At A Glance |
| 2019-01-25 | Added church info to location restrictions section |
| 2019-01-24 | Added FAQ about alcohol or prescription medication |
| 2019-01-10 | Mag limit added to At A Glance table |
| 2018-12-13 | Added preemption info to At A Glance table |
| 2018-10-22 | Added initial CCW law and reciprocity information for South Dakota |
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Permit numbers were obtained from the Crime Prevention Resource Center’s publication entitled, “Concealed Carry Permit Holders Across the United States: 2018.” Numbers include resident and non-resident permits for those states that issue both.
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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