South Dakota Gun Control Laws

The role of gun control laws is the source of much debate throughout the United States. While the federal government 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.

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. 

When someone purchases a firearm from a federally licensed firearms dealer, the seller engages the FBI's National Instant Background Check System (NICS) to verify that the purchaser is able to possess the weapon.

South Dakota Gun Laws

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. 

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.

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.

South Dakota offers three types of permits: a regular permit, a gold card permit, and an enhanced permit. The secretary of state 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. 

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. 

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. 

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.

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:

• A county courthouse
• The State Capitol
• Elementary and secondary schools, including school premises and on school vehicles
• A licensed establishment that derives more than half its total income from the sale of malt or alcoholic beverages

There are exceptions in the law for law enforcement officers, active-duty military, holders of enhanced gun permits in certain instances, and for school security. The state attorney general's office offers training information for the school sentinel program. This program allows a school board to authorize employees or volunteers to carry firearms on school premises for security purposes.

The main provisions of South Dakota gun control laws are listed in the table below.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the status of the state law(s) you are reviewing.

Research the Law:

• South Dakota Code
• Official State Codes - Links to the official online statutes (laws) in all 50 states and D.C.
• Gun Laws
• Guns and Domestic Violence
• Criminal Law Center
• Defending Yourself Against a Criminal Charge

For More Information, Contact a South Dakota Lawyer

If you've been charged with a gun crime, you should speak with an experienced attorney licensed in South Dakota. An attorney can also help you with questions about your eligibility to own a gun and whether a specific gun complies with state and federal law.