No person shall carry a pistol concealed in any vehicle or concealed on or about his person, without a license to carry. The issuing authority for a permit to carry is the sheriff of a county in which the applicant resides. READ ALL
The permit shall be issued if the applicant is:
- at least 18 years of age;
- has not been convicted of a felony or crime of violence;
- is not a habitual drunkard or drug user;
- has no history of repeated acts of violence;
- has not been found in the previous ten years to be a “danger to others or a danger to self”;
- is not currently adjudged mentally incompetent or has not been found in the previous 10 years to be mentally ill;
- has been a resident of the county for at least 30 days preceding application;
- is a citizen of the United States;
- has not been convicted of a misdemeanor or felony offence within the preceding 5 years under the South Dakota weapon laws, firearm control laws or controlled substance laws;
- is not a fugitive from justice.
Prior to issuing the permit, the sheriff shall execute a background investigation, including a criminal history check, of every applicant for the purposes of verify the qualifications of the applicant pursuant to the requirements. A background investigation is defined as a computer check of available on-line records.
A temporary permit to carry shall be issued within 5 days of application to a person who satisfies the above standards. The original copy of an application for a permit shall serve as the temporary permit until the permit is issued. All permit denials may be appealed to the circuit court.
The permit is valid for 5 years. The fee for a permit to carry is $10.00.
A permittee may not carry a concealed pistol into:
• an establishment licensed to serve alcoholic beverages on the premises if the establishment derives more than 50% of its sales from alcoholic beverages,
• a county courthouse,
• an elementary or secondary school premises, including school vehicles or buildings,
• a snowmobile, unless firearm is unloaded and entirely enclosed in a carrying case,
• a game preserve or refuge unless the permit holder is:
o on a public highway and the firearm is enclosed in a case; or
o a resident within the preserve or refuge and is carrying the firearm to use against non-game and predatory animals or birds on his or her own premises.
A permit is not required to carry an unloaded handgun if it is carried in the trunk or other closed compartment of a vehicle or if it is in a closed container, which is too large to be concealed on the person or within his clothing. This container may be carried in a vehicle or in any other manner.
A permit is not required to possess a handgun in one’s dwelling house or place of business or on land owned or rented by him or by a member of his household.HIDE