South Dakota Constitutional Carry Laws

4 min readJun 21, 2024

Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.

Gun control laws in the United States spark contentious debates nationwide. While federal regulations establish minimum standards for firearm manufacture, ownership, and use, state laws often impose stricter controls. States vary widely in their approaches, covering firearm registration, licensing for carrying permits, and more extensive prohibitions.

Federal laws primarily restrict ownership of fully automatic firearms and impose firearm disabilities on felons, drug users, and those convicted of domestic violence misdemeanors. Purchases from licensed dealers necessitate FBI background checks through the National Instant Criminal Background Check System (NICS).

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South Dakota Gun Laws: South Dakota boasts some of the nation’s least restrictive gun laws. Since 2019, the state has permitted concealed carry without a permit for individuals over 18 who meet state and federal eligibility criteria. Assault weapons, large-capacity magazines, and ghost guns (undetectable firearms made from kits or 3D printers) are not banned.

The state does not mandate waiting periods for firearm purchases, and private sales can bypass background checks required in transactions with licensed dealers. South Dakota also issues concealed pistol permits for reciprocity with other states.

Three types of permits are available in South Dakota: regular, gold card, and enhanced. Requirements include age verification, absence of legal prohibitions on firearm possession, and completion of background checks. Enhanced permits additionally mandate FBI fingerprint checks and handgun proficiency courses.

South Dakota adheres to a “shall issue” policy, obligating the government to issue permits if applicants meet specified criteria. Non-residents are ineligible for permits, and local municipalities are preempted from enacting firearm regulations that diverge from state law.

Certain locations in South Dakota, such as courthouses, the State Capitol, schools, and specific licensed establishments, prohibit firearm possession, with exceptions for law enforcement and enhanced permit holders. The state offers a school sentinel program, allowing selected school employees to carry firearms for security, following training from the attorney general’s office.

Key South Dakota Gun Control Provisions:

Relevant Statutes: SDCL Title 22, Chapter 14; SDCL Title 23, Chapter 7; SDCL Title 13, Chapter 32.
Illegal Arms: Silencers, machine guns, short shotguns, firearms with altered serial numbers.
Waiting Period: None.
Prohibited Ownership: Individuals with recent violent felony convictions or certain drug-related offenses, misdemeanors involving domestic violence, minors without parental presence, and those barred under federal law.

South Dakota does not mandate gun ownership licenses, and concealed carry permits are optional following the state’s shift away from mandatory requirements. Open carry is permitted statewide, subject to location-specific restrictions.

Eligibility for Concealed Carry License: Applicants must be 18 years or older, U.S. citizens or legal residents, and residents of their county for at least 30 days before applying. They must not have felony or violent crime convictions, history of substance abuse, or pending firearm or drug offense charges. A clean National Instant Criminal Background Check is required.

Penalties for Illegal Possession: Range from misdemeanor to felony charges, depending on the offense, with potential prison time and fines.

South Dakota does not have Red Flag Laws or Universal Background Checks but upholds a Stand Your Ground Law, permitting the use of force, including deadly force, in self-defense without an obligation to retreat if lawfully present.

Please note, state laws can change through legislation, court rulings, or ballot initiatives. For the latest updates, consult legal resources or seek advice from a qualified South Dakota attorney.

South Dakota Constitutional Carry Laws

Gun Permit Laws by State

Written by Ron Wilmington