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71k
South Dakota is currently a shall-issue, permitless 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 permitless 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. For reciprocity purposes, the state issues Concealed Pistol Permits (CPP) 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, provides the purchase background check exemption and is recognized in seven more states than the regular license. In terms of reciprocity, South Dakota recognizes permits issued by all States.
A person is justified in using force, other than deadly force, against another if and to the extent the person reasonably believes that using force is necessary to prevent or terminate another’s trespass on, or criminal interference with real property other than a dwelling. There is no duty to retreat.
Deadly force–Defense of property other than a dwelling
A person is justified in using deadly force only if the person reasonably believes that the use of deadly force is necessary to prevent the imminent commission of a forcible felony. There is no duty to retreat and the person has the right to stand his or her ground, if the person is in a place where the person has a right to be.
Defense of dwelling or residence–Force–Deadly force
A person who is in a dwelling, residence or occupied vehicle in which the person has a right to be, has no duty to retreat, has the right to stand his or her ground, and has the right to use:
A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm, to himself, herself, or another, when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm if the person against whom the defensive force was used, had unlawfully entered or was in the process of unlawfully entering a dwelling, residence, or occupied vehicle.
Deadly force–Defense of person
A person is justified in using deadly force if the person reasonably believes that using deadly force is necessary to prevent imminent death or great bodily harm to himself, herself, or another, or to prevent the imminent commission of a forcible felony. There is no duty to retreat and has the right to stand his or her ground.
Immunity
A person who uses or threatens to use force, as permitted in this statute, is justified and is immune from criminal prosecution and from civil liability for the use or threatened use of such force brought by the person against whom force was used or threatened.
[S.D. Codified Laws § 22-18-4]
Self-Defense
South Dakota is a Castle Doctrine state and has a “stand your ground” law. There is no duty to retreat as long as the force used is justified, and the law applies as long as the person is in a place where he or she has the right to be.
Carry Basics | |
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Permitless Carry? Does South Dakota allow permitless carry? | Yes, as of July 1, 2019. |
Chemical Spray/Pepper Spray? Is it legal to buy or use chemical spray/pepper spray in South Dakota? | Yes. There is no statute prohibiting the purchase or use of pepper spray in South Dakota. |
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 possess a firearm can open carry. |
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. |
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. |
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. |
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. |
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. |
Carry Locations | |
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CARRY/POSSESS AT A HOTEL? Can you carry or possess a firearm on hotel property in South Dakota? | South Dakota statutes don't specifically address firearms at hotels. Please note that each hotel develops their own policies and the individual hotel should be contacted to inquire about it's concealed carry policy. See the Handguns at Hotels page for additional information. |
CARRY IN VEHICLE? Can you carry a concealed handgun in a vehicle 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. |
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. |
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. See the National Parks webpage for links to each Park in South Dakota. |
CARRY IN BARS/RESTAURANTS THAT SERVE ALCOHOL? Can you carry a concealed firearm in bars and restaurants that serve alcohol in South Dakota? | You can concealed carry in the restaurant area of an eatery that serves alcohol, unless posted. However, concealed carry is not allowed in bars or the bar areas of restaurants. |
Key State Laws | |
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Duty to Inform Officer You're Carrying? Do you have a duty to inform a police officer that you're carrying a concealed firearm in South Dakota? | No. There is no duty to inform a law enforcement officer that you're carrying a concealed firearm 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. |
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. |
Red Flag Law? Does South Dakota have a red flag law? | No. South Dakota does not have a red flag law. |
DRIVER'S LICENSE LINKED TO Carry Permit? Is my South Dakota driver’s license linked to my South Dakota carry permit? | No. Your South Dakota driver’s license is not linked to your South Dakota concealed pistol permit. Therefore, a law enforcement officer (LEO) will not be notified that you are a concealed carry permit holder immediately when they run your driver’s license. However, LEOs may have access to other databases where they can obtain this information. |
Brandishing? Does South Dakota state law define brandishing? | No definition of brandishing was found in South Dakota law.However, any person who intentionally causes serious public inconvenience, annoyance or alarm to any other person, or creates a risk thereof by is guilty of disorderly conduct. |
"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 state has preemption of firearms laws in South Dakota. 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. [S.D. Codified Laws § 7-18A-36][S.D. Codified Laws § 8-5-13][S.D. Codified Laws § 9-19-20] |
Carry While Using Alcohol or Drugs? Does South Dakota have laws regarding carrying a concealed firearm while using alcohol or drugs? | 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 | |
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SOUTH DAKOTA PERMIT EXEMPTS FROM BACKGROUND CHECK? Does my current South Dakota concealed carry permit exempt me from needing a background check when I purchase a firearm? | Yes, for SD Regular Concealed Pistol Permits issued on or after July 1, 2018, as well as Gold Card and Enhanced Permits issued on or after January 1, 2017. |
BACKGROUND CHECKS FOR PRIVATE GUN SALES? Are background checks required for private gun sales in South Dakota? | No. Private firearms transfers are not subject to a background check requirement, although federal and state purchaser prohibitions, including age restrictions, still apply. It is recommended that you retain any sales receipts to prove ownership of the gun. |
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. |
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. |
POSSESS A HANDGUN ON MY PRIVATE PROPERTY WITHOUT A PERMIT? Can I possess/carry a handgun in my home without a permit? | Yes. Permitless carry is allowed for anyone legally entitled to carry a firearm 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. |
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. |
South Dakota Gun Laws: What You Need to KnowUSCCA - JANUARY 19, 2020
The right of the citizens to bear arms in defense of themselves and the state shall not be denied." ARTICLE VI, § 24
Which states' permits does South Dakota honor?
Alabama (permitless carry, at least 18 years old)
Alaska (permitless carry, at least 18 years old)
Arizona (permitless carry, at least 18 years old)
Arkansas (permitless carry, at least 18 years old)
California (permitless carry, at least 18 years old)
Colorado (permitless carry, at least 18 years old)
Connecticut (permitless carry, at least 18 years old)
Delaware (permitless carry, at least 18 years old)
District of Columbia (permitless carry, at least 18 years old)
Florida (permitless carry, at least 18 years old)
Georgia (permitless carry, at least 18 years old)
Hawaii (permitless carry, at least 18 years old)
Idaho (permitless carry, at least 18 years old)
Illinois (permitless carry, at least 18 years old)
Indiana (permitless carry, at least 18 years old)
Iowa (permitless carry, at least 18 years old)
Kansas (permitless carry, at least 18 years old)
Kentucky (permitless carry, at least 18 years old)
Louisiana (permitless carry, at least 18 years old)
Maine (permitless carry, at least 18 years old)
Maryland (permitless carry, at least 18 years old)
Massachusetts (permitless carry, at least 18 years old)
Michigan (permitless carry, at least 18 years old)
Minnesota (permitless carry, at least 18 years old)
Mississippi (permitless carry, at least 18 years old)
Missouri (permitless carry, at least 18 years old)
Montana (permitless carry, at least 18 years old)
Nebraska (permitless carry, at least 18 years old)
Nevada (permitless carry, at least 18 years old)
New Hampshire (permitless carry, at least 18 years old)
New Jersey (permitless carry, at least 18 years old)
New Mexico (permitless carry, at least 18 years old)
New York (permitless carry, at least 18 years old)
New York City (permitless carry, at least 18 years old)
North Carolina (permitless carry, at least 18 years old)
North Dakota (permitless carry, at least 18 years old)
Ohio (permitless carry, at least 18 years old)
Oklahoma (permitless carry, at least 18 years old)
Oregon (permitless carry, at least 18 years old)
Pennsylvania (permitless carry, at least 18 years old)
Puerto Rico (permitless carry, at least 18 years old)
Rhode Island (permitless carry, at least 18 years old)
South Carolina (permitless carry, at least 18 years old)
Tennessee (permitless carry, at least 18 years old)
Texas (permitless carry, at least 18 years old)
Utah (permitless carry, at least 18 years old)
Vermont (permitless carry, at least 18 years old)
Virginia (permitless carry, at least 18 years old)
Washington (permitless carry, at least 18 years old)
West Virginia (permitless carry, at least 18 years old)
Wisconsin (permitless carry, at least 18 years old)
Wyoming (permitless carry, at least 18 years old)
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.
Which states honor permits from South Dakota?
Alabama (permitless carry, at least 19 years old)
Arkansas (permitless carry, at least 18 years old)
Idaho (permitless carry, at least 18 years old)
Indiana (permitless carry, at least 18 years old)
Montana (permitless carry, at least 18 years old)
New Hampshire (permitless carry, at least 18 years old)
North Dakota (permitless carry, at least 18 years old)
Vermont (permitless carry, at least 18 years old)
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.
South Dakota offers resident and non-resident (members of the military and their spouses stationed in South Dakota) permits. If indicated with “Resident only” below, that state only honors South Dakota resident permits (and not those issued to non-residents).
Alaska (permitless carry, at least 21 years old)
Arizona (permitless carry, at least 21 years old)
Colorado (at least 21 years old and resident permits only)
Delaware (Enhanced permits only)
Florida (permitless carry, at least 21 years old)
Georgia (Permitless carry, at least 21 years old)
Iowa (permitless carry, at least 21 years old)
Kansas (permitless carry, at least 21 years old)
Kentucky (permitless carry, at least 21 years old)
Louisiana (permitless carry, at least 21 years old)
Maine (permitless carry, at least 21 years old)
Michigan (at least 21 years old and resident permits only)
Minnesota (Enhanced permits only and at least 21 years old)
Mississippi (permitless carry, at least 21 years old)
Missouri (permitless carry, at least 19 years old, 18 for military)
Nebraska (Permitless carry, at least 21 years old)
Nevada (Enhanced permits only)
New Mexico (Enhanced permits only)
Ohio (permitless carry, at least 21 years old)
Oklahoma (permitless carry, at least 21 years old)
Pennsylvania (at least 21 years old and resident permits only)
South Carolina (permitless carry, at least 18 years old)
Tennessee (permitless carry, at least 18 years old)
Texas (permitless carry, at least 21 years old)
Utah (permitless carry, at least 21 years old)
Virginia (at least 21 years old)
Washington (Enhanced permits only)
West Virginia (permitless carry, at least 21 years old)
Wisconsin (Only Enhanced and Gold permits and at least 21 years old)
Wyoming (permitless carry, at least 21 years old)
Alabama (permitless carry, at least 19 years old)
Alaska (permitless carry, at least 21 years old)
Arizona (permitless carry, at least 21 years old)
Arkansas (permitless carry, at least 18 years old)
Florida (permitless carry, at least 21 years old)
Georgia (Permitless carry, at least 21 years old)
Idaho (permitless carry, at least 18 years old)
Indiana (permitless carry, at least 18 years old)
Iowa (permitless carry, at least 21 years old)
Kansas (permitless carry, at least 21 years old)
Kentucky (permitless carry, at least 21 years old)
Louisiana (permitless carry, at least 21 years old)
Maine (permitless carry, at least 21 years old)
Mississippi (permitless carry, at least 21 years old)
Missouri (permitless carry, at least 19 years old, 18 for military)
Montana (permitless carry, at least 18 years old)
Nebraska (Permitless carry, at least 21 years old)
New Hampshire (permitless carry, at least 18 years old)
North Dakota (permitless carry, at least 18 years old)
Ohio (permitless carry, at least 21 years old)
Oklahoma (permitless carry, at least 21 years old)
South Carolina (permitless carry, at least 18 years old)
Tennessee (permitless carry, at least 18 years old)
Texas (permitless carry, at least 21 years old)
Utah (permitless carry, at least 21 years old)
Vermont (permitless carry, at least 18 years old)
West Virginia (permitless carry, at least 21 years old)
Wyoming (permitless carry, at least 21 years old)
*PC-18 = permitless carry if at least 18 years old
*PC-21 = permitless carry if at least 21 years old
Permitless carry includes constitutional carry states as well as states where an individual must meet certain qualifications, e.g., no DUIs in the last 10 years, in order to legally carry (Tennessee). Each state determines the requirements and any limitations on the carry of firearms. Check each state’s page for more information and any restrictions that may apply.
Fees: | On March 18, 2022, Gov. Noem signed SB 212 into law, which removes concealed carry permit fees. |
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. |
Regular/Gold/Enhanced Concealed Pistol Permits | Three types of permits are available:
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Residency Changes: | Moving to South Dakota and interested in applying for a resident permit? How soon can you apply?South Dakota issues permits to residents and active-duty military personnel and their spouses stationed in South Dakota only. You can apply for your permit with the sheriff of your county once you have been a resident of the county for at least 30 days prior, are active duty military stationed in the state or the spouse of active duty military. Moving from South Dakota and have a South Dakota resident permit? Does that permit transfer to your new state? Is there a grace period during which your South Dakota permit remains valid?If a person with a South Dakota concealed pistol permit establishes residency in another state, the pistol permit expires upon the establishment of residence in the other state. |
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. |
Requirements: | An applicant must:
*Consult with an attorney if you have any questions about your eligibility. If you don’t have an attorney, you can find one by contacting the State Bar of South Dakota. |
Valid For: | 5 years |
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 StateAttn: Permits 500 E. Capitol Ave.Pierre, SD 57501 |
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 StateAttn: Permits 500 E. Capitol Ave.Pierre, SD 57501 |
Application: |
How to Apply for a South Dakota Concealed Carry Permit
Training is required in order to obtain an Enhanced Permit. A qualifying handgun course must include instruction in each of the following:
Find a USCCA Certified Instructor or Firearms Training Class Near You
How to Renew a South Dakota Concealed Carry Permit
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.
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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CARRY WHILE BOW HUNTING? Can you concealed carry while bow hunting 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 pistolwhile hunting. |
CARRY WHILE GUN HUNTING? Can you concealed carry while shotgun/rifle hunting in South Dakota? | Yes. |
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, except that they may not be carried concealed by someone with intent to commit a felony. The possession of a "dangerous weapon," which can include a knife, on school grounds, county courthouses and the state capitol is prohibited. Municipalities may have additional restrictions. [S.D. Codified Laws §§ 22-1-2, 22-14-8, 22-14-23 and 13-32-7] |
WEAR A COVID MASK & CARRY? I can legally carry a concealed firearm in South Dakota, but can I wear a COVID 19 protective mask while carrying concealed? | There is no known statute in South Dakota making it illegal to wear a COVID mask while carrying concealed. |
HUNTER HARASSMENT LAW? Is there a Hunter Harassment Law in South Dakota? | Yes. No person may intentionally interfere with any person or group of persons lawfully engaged in the process of taking or attempting to take any game or fish. |
Date | Details |
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2024-03-05 | Added enhanced permit renewal change to the permit renewal section |
2022-03-18 | Added SB 212 |
2021-05-19 | Added info on driver's license link to permit in At A Glance table |
2021-03-26 | Updated info regarding permit fees in Permit Info section |
2021-03-26 | Updated info on gold card renewal timeframe in Permit Renewal section |
2021-03-22 | Updated info on SD permits exempting from background checks in At A Glance table |
2021-02-26 | Updated info on enhanced carry renewal in Permit Renewal section |
Here at the USCCA, it is our mission to provide responsible gun owners with the tools they need to be educated and trained. Our team is constantly working to provide you with the most up-to-date and comprehensive list of self-defense laws available for every state.
If you have any questions that you don’t see answered here — let us know! Just email support@uscca.com and we will be sure to get your question resolved. Your feedback matters to us, and we appreciate you helping to make this page the best possible resource for responsible gun owners!
Permit numbers were obtained from the Crime Prevention Resource Center’s publication entitled, “Concealed Carry Permit Holders Across the United States.” 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.
If you have any questions regarding USCCA Membership, Delta Defense, handguns laws or the lawful process of carrying concealed, please contact the award-winning Delta Defense Customer Engagement Team.