South Dakota is currently a shall-issue state. Permits are processed at the county level by the sheriff’s office. However, on January 31, 2019, Governor Kristi Noem signed SB 47 into law. The legislation permits residents to legally carry a firearm concealed on their person so long as they are allowed to possess one. Constitional concealed carry will go into effect as of July 1, 2019. Those wanting to conceal carry out-of-state will still need to get a conceal carry permit.
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. Firearms in a vehicle must be in plain sight. Some areas are off-limits, including elementary and secondary schools and school buses.
Concealed carry is legal with a license/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 will be 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.
Constitutional Carry?Does South Dakota allow constitutional carry? |
No. However, it will go into effect 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? |
Shall Issue. |
Minimum Age for Concealed Carry?What is the minimum age in South Dakota to get a concealed carry permit? |
18 |
Weapons Other Than Handguns Allowed?Can you conceal carry weapons other than handguns in South Dakota with a concealed carry permit (or under permitless carry if applicable)? |
No. |
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. |
Carry in Vehicle?Can you carry a concealed firearm in a vehicle in South Dakota? |
Yes, with a valid concealed carry permit. Without a permit, 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 [S.D. Codified Laws § 22-14-9 & 22-14-10] |
Carry at Roadside Rest Areas?Can you carry a concealed firearm at roadside rest areas in South Dakota? |
Yes. |
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? |
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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. [S.D. Codified Laws § 23-7-8.1] |
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. |
Must Notify Officer You're Carrying?Are you required to notify a police officer that you're carrying a concealed firearm in South Dakota? |
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Magazine Limits for Handguns?Does South Dakota have magazine capacity restrictions for handguns? |
No. |
Ammunition Restrictions?Does South Dakota have ammunition restrictions? |
No. |
"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. |
Preemption?Does South Dakota have [preemption laws](https://www.usconcealedcarry.com/resources/terminology/firearms-and-ammunition/preemption) 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. [S.D. Codified Laws § 7-18A-36, § 8-5-13 and § 9-19-20] 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. |
The right of the citizens to bear arms in defense of themselves and the state shall not be denied."
Which states' permits does South Dakota honor?
The state of South Dakota recognizes any valid concealed carry permit issued to a nonresident of South Dakota according to the terms of its issuance in the state of its issue.
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.
Which states honor permits from South Dakota with restrictions?
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.
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. |
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 |
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 are available:
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Training is required in order to obtain an Enhanced Permit. A qualifying handgun course must include instruction in each of the following:
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 (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 Sout 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.
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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Do firearms need to be registered in South Dakota? |
No. |
Is a permit required to purchase a gun in South Dakota? |
No. |
Are background checks required for private gun sales in South Dakota? |
No. |
Is there a waiting period after purchasing a firearm in South Dakota? |
No. |
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. |
What should I do if my South Dakota concealed carry permit is lost, stolen or damaged? |
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 Attn: Permits 500 E. Capitol Ave. Pierre, SD 57501 |
What are the laws regarding carrying a firearm while using alcohol or prescription medication in SD? |
Not addressed in state statutes. |
| Date | Details |
|---|---|
| 05/03/2019 | Added permit renewal and name/address change info |
| 04/19/2019 | Links checked |
| 04/02/2019 | Added info on state implementation of Law Enforcement Officer Safety Act (LEOSA) |
| 03/20/2019 | Updated the Genl, Permit and Where Can I Carry sections with State Capitol carry info |
| 03/18/2019 | Added HB 1056 preemption info to At A Glance table |
| 02/22/2019 | Added USCCA Press Release regarding passage of constitutional carry |
| 02/22/2019 | Added info to vehicle carry in At A Glance table |
| 02/15/2019 | Added pages for Federal Gun Laws, Traveling with Firearms & Terminology |
| 02/09/2019 | Added ammunition restrictions to At A Glance table |
| 02/06/2019 | Added red flag law info to At A Glance table |
| 02/01/2019 | Constitutional concealed carry info added to general info & At A Glance |
| 01/25/2019 | Added church info to location restrictions section |
| 01/24/2019 | Added FAQ about alcohol or prescription medication |
| 01/10/2019 | Mag limit added to At A Glance table |
| 12/13/2018 | Added preemption info to At A Glance table |
| 10/22/2018 | 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.
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