South Dakota Concealed Carry Firearm Laws

South Dakota: Gun Laws Summary

South Dakota is a shall-issue, permitless carry state where 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, and the minimum age is 18 years old. Handguns in a vehicle must be in plain sight, without a permit, based upon an unofficial 2004 Attorney General Opinion. Some areas are off-limits, including elementary and secondary schools and school buses.

Concealed Carry in South Dakota

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.

Types of Permits

There are three permits available in South Dakota:

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.

Reciprocity

In terms of reciprocity, South Dakota recognizes permits issued by all States.

Self-Defense Laws in South Dakota

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 force if the person reasonably believes that using force is necessary to defend himself, herself, or another against the imminent use of unlawful force, and 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. 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. 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. 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. 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

South Dakota: Gun Laws at a Glance


Permitless Carry	Yes, as of July 1, 2019. SDCL 23-7-7.1
Open Carry	Yes, without a permit. Any person who is at least 18 years old and legally entitled to possess a firearm can open carry. SDCL 23-7-7
Concealed Carry Permit Issuance	South Dakota is a shall-issue state. SDCL 23-7-7.4
Minimum Age for Concealed Carry Permit	The minimum age to concealed carry in South Dakota is 18. SDCL 23-7-7.2
Concealed Carry of Weapons Other Than Handguns	No. The concealed carry permit in South Dakota does not allow you to carry weapons other than handguns. SDCL 23-7-7.2
Stun Guns and Tasers	Yes. Stun guns and Tasers are legal to purchase and possess without a permit. SDCL 22-14-34.1
Chemical Spray/Pepper Spray	Yes. There is no statute prohibiting the purchase or use of pepper spray in South Dakota. SDCL 22-14-34.2
Magazine Capacity Restrictions for Handguns	No. There are no magazine capacity restrictions in South Dakota. SDCL 23-7-58
Ammunition Restrictions	No. South Dakota does not have ammunition restrictions. SDCL 23-7-58

South Dakota: Carry Locations


Carrying a Concealed Firearm at Roadside Rest Areas	Yes. Concealed carry is allowed at roadside rest areas in South Dakota.
Carrying a Concealed Firearm in Bars and Restaurants that Serve Alcohol	You can concealed carry in the restaurant area of an eatery that serves alcohol, unless posted.
Concealed carry is not allowed in bars or the bar areas of restaurants. [S.D. Codified Laws § 23-7-70]
Carrying or Possessing a Firearm on Hotel Property	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.
Storing Firearms in Private Vehicles in an Employee Parking Lot	Not addressed in South Dakota state law.
Carrying a Concealed Handgun in a Vehicle	Yes, anyone at least 18 years old who can legally possess a firearm, can carry a handgun in a vehicle without a permit. [S.D. Codified Laws § 23-7-7.4 & 23-7-7]
Carrying a Concealed Firearm in State/National Parks, State/National Forests and Wildlife Management Areas	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. [S.D. Codified Laws § 1-26-6.10]

South Dakota: Key State Laws


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. [S.D. Codified Laws § 22-14-9.1]
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.
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.
Does South Dakota have a red flag law?	No. South Dakota does not have a red flag law.
Does South Dakota state law define brandishing?	No definition of brandishing was found in South Dakota law. [S.D. Codified Laws § 22-18-35].
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.
Does South Dakota issue concealed carry permits to non-residents?	Yes, for members of the military and their spouses stationed in South Dakota.
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.
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]

South Dakota: Handgun Purchase and Possession


Is a permit required to purchase a handgun in South Dakota?	No. A permit is not required to purchase a handgun in South Dakota.
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. [source]
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. [source]
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. [source]
Do handguns need to be registered in South Dakota?	No. Handguns do not need to be registered in South Dakota. [source]
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. [S.D. Codified Laws § 23-7-46]
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. [S.D. Codified Laws § 23-7-7]