By FindLaw Staff | Legally reviewed by Jeff Burtka, Esq. | Last reviewed June 08, 2021
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. 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.
Gun control has become an increasingly discussed and debated topic throughout the United States. While the federal government has limited laws about the ownership and use of firearms, state gun control laws tend to vary quite a bit among the individual states.
South Dakota has some of the least restrictive gun laws in the nation.
The main provisions of South Dakota gun control laws are listed in the table below. See Details on State Gun Control Laws to learn more.
Relevant Statutes (Laws) |
South Dakota Codified Laws, Title 22, Chapter 14, Sections 22-14-5 through 22-14-28
|
|---|---|
Illegal Arms |
The following are illegal in South Dakota:
|
Waiting Period |
South Dakota does not have a waiting period to purchase a gun. |
Who May Not Own |
It is illegal to possess a firearm if a person:
|
License Required? |
South Dakota does not require a license to own a gun. |
Concealed Carry License Required? |
A permit is not required to carry a concealed weapon in South Dakota. |
Open Carried Allowed? |
South Dakota does not prohibit the open carrying of firearms. |
Eligibility for a Concealed Carry License |
Concealed carry permits are no longer required in South Dakota. However, the state continues to offer them, and some people obtain them to be able to carry a concealed firearm in states that recognize South Dakota's permit. To obtain a permit, a person must:
|
Machine Gun Laws |
Possessing a machine gun is illegal in South Dakota. |
Penalties for Illegal Firearm Possession |
|
Penalties for Illegal Possession on or Near School Grounds |
Illegal possession of a firearm on school property is a Class 1 misdemeanor punishable by up to 1 year imprisonment and up to a $2,000 fine. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including 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 state law(s) you are researching.
If you've been charge with a gun crime, you should speak with an experienced attorney licensed in South Dakota. An attorney also can help you with questions about your eligibility to own a gun and whether a specific gun complies with South Dakota law.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many South Dakota attorneys offer free consultations.