{"id":376319,"date":"2016-03-31T21:36:45","date_gmt":"2016-04-01T02:36:45","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/south-dakota-law\/south-dakota-gun-control-laws.html"},"modified":"2024-10-30T16:52:00","modified_gmt":"2024-10-30T21:52:00","slug":"south-dakota-gun-control-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/south-dakota-law\/south-dakota-gun-control-laws.html","title":{"rendered":"South Dakota Gun Control Laws"},"content":{"rendered":"\n
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South Dakota Gun Control Laws<\/h1>\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

The role of gun control laws is the source of much debate throughout the United States. While the federal government<\/a> has limited laws about the manufacture, ownership, and use of firearms, state gun control laws may often go further. Some states expand gun regulations, addressing issues of registration of firearms and rules for holding a license or permit to carry. Other states provide few restrictions beyond federal law.<\/p>\r\n

Federal law provides a baseline or starting point for weapons control. Laws restrict ownership of fully automatic weapons like machine guns. They also set forth legal disabilities for owning or possessing a firearm. Federal firearms laws include bans on firearm possession to felons, those addicted to or using drugs, and those convicted of misdemeanor domestic violence. <\/p>\r\n

When someone purchases a firearm from a federally licensed firearms dealer, the seller engages the FBI’s National Instant Background Check System (NICS<\/a>) to verify that the purchaser is able to possess the weapon.<\/p>\r\n

South Dakota Gun Laws<\/h2>\r\n

South Dakota has some of the least restrictive gun laws in the nation. In 2019, South Dakota enacted a permitless carry law. Anyone who is 18 years of age and does not fall under any state or federal prohibition can carry a firearm in the state. State law does not ban assault weapons, large-capacity magazines, or ghost guns. Ghost guns include those that can be made from a kit or with the use of a 3D printer. They can be undetectable. <\/p>\r\n

South Dakota does not provide a waiting period for the purchase of a firearm. Private sale purchases can circumvent the background check that occurs in transactions with a licensed dealer.<\/p>\r\n

The movement toward permitless carry of firearms has gained momentum in recent years. More than half the states now have variations of these laws that provide for the legal carrying of a handgun in public, either concealed or open. Like other states with permitless carry, South Dakota maintains a concealed pistol permit process for reciprocity. This lets South Dakota permit holders travel with their firearms to states that will recognize their permit.<\/p>\r\n

South Dakota offers three types of permits: a regular permit, a gold card permit, and an enhanced permit. The secretary of state<\/a> provides information on all three permits. Their office issues the permits sometime after the application is made with the sheriff of the county of residence. <\/p>\r\n

South Dakota is a "shall issue" state for gun permits. This means that the government shall issue a permit if the applicant meets the objective criteria set forth in the law. To obtain a regular permit you must be at least 18 years old, not be otherwise prohibited from firearm possession under state or federal law, and complete a criminal background check. A background investigation includes a computer check of available online records and a check using NICS. <\/p>\r\n

To obtain a gold card permit, you must also submit to an FBI fingerprint background check and periodic background checks through NICS. To obtain an enhanced permit, you must complete the same requirements for the other two permits and also complete a qualifying handgun course. <\/p>\r\n

South Dakota permits are not available to non-residents. The state also has a preemption statute, so a municipality cannot place additional restrictions on gun permits or other established firearms control laws different from state law.<\/p>\r\n

Gun owners choosing to carry firearms in the state need to be aware that there are location restrictions in state and federal law. In South Dakota, these may be state laws related to the unlawful use of weapons. State-prohibited locations include:<\/p>\r\n