South Dakota Gun Laws
Wednesday, November 12, 2014
STATE CONSTITUTIONAL PROVISION - Article VI, Section 24.
“The right of the citizens to bear arms in defense of themselves and the state shall not be denied.”
Gun Laws Overview
|RIFLES & SHOTGUNS||HANDGUNS|
|Permit to Purchase||No||No|
|Registration of Firearms||No||No|
|Licensing of Owners||No||No|
|Permit to Carry||No||Yes|
The list and map below are included as a tool to assist you in validating your information. We have made every effort to report the information correctly, however reciprocity and recognition agreements are subject to frequent change. The information is not intended as legal advice or a restatement of law and does not include: restrictions that may be placed on non-resident permits, individuals under the age of 21, qualifying permit classes, and/or any other factor which may limit reciprocity and/or recognition. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation. YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL.
|No-Net Loss||No Legislation|
|Right to Carry Confidentiality||Provisions Enacted|
|Right to Carry in Restaurants||Partial Ban|
|Right To Carry Laws||No Permit Required|
|Right To Carry Reciprocity and Recognition||Outright Recognition|
|Right to Keep & Bear Arms State Constitutional Provisions||With Provisions|
Laws on Purchase, Possession and Carrying of Firearms
South Dakota allows residents of contiguous states and residents of this state, not otherwise precluded by any applicable laws, to purchase, sell, trade, convey, deliver or transport rifles, shotguns, ammunition, reloading components, or firearms accessories in South Dakota and in states contiguous to South Dakota.MORE
The buyer must complete an application to purchase a handgun from a federally licensed firearms dealer (FFL) if he does not possess a valid carrying permit.
The seller must within 6 hours, mail or hand deliver the application to the police chief of the municipality or sheriff of the county of which the purchaser is a resident. The duplicate shall be returned to the seller by the police chief or sheriff and the original shall be retained by him for a period of one year.
When a pistol is delivered it must be unloaded and securely wrapped.LESS
No state permit is required to possess a shotgun, rifle or handgun.MORE
A person under 18 may not possess a pistol. This prohibition does not apply when a minor has the consent of his parent or guardian and the minor:
No person who has been convicted in this state or elsewhere of a crime of violence or a felony may possess or have control of a firearm. This does not apply to any person who was last discharged from prison, jail, probation or parole more than fifteen years prior to the commission of the principal offense.
No person who has been convicted of any misdemeanor crime involving an act of domestic violence may possess or have control of a firearm for a period of one year from the date of conviction. At the end of the one-year period, any civil rights lost as a result of this provision shall be restored. Any person who has lost their right to possess or have control of a firearm as a result of a misdemeanor conviction involving an act of domestic violence, prior to July 1, 2005, shall be restored to those civil rights one year after July 1, 2005. Once eligible under this statute, a person convicted under this section may petition the convicting court for an order reflecting the restoration of any firearm rights lost if the person has not been convicted within the prior year of a crime for which firearms rights have been lost.LESS
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.
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.MORE
The permit shall be issued if the applicant is:
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.
South Dakota Laws 23-7-7.4 recognizes any out-of-state concealed carry permit issued to a non-resident of South Dakota as valid in South Dakota. If the permit holder becomes a legal resident of South Dakota, this recognition no longer applies. See South Dakota Secretary of State website.
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.LESS
S.D. CODIFIED LAWS § 7-18A-36 (2011)
S.D. CODIFIED LAWS § 7-18A-36 (2011)
§ 7-18A-36. Firearms regulation ordinances prohibited
No county may pass any ordinance that restricts possession, transportation, sale, transfer, ownership, manufacture or repair of firearms or ammunition or their components. Any ordinances prohibited by this section are null and void.LESS
The term “controlled weapon” is defined to include machine guns, silencers, and short shotguns.MORE
No person shall possess a controlled weapon unless he:
Antiques and Replicas
An “antique firearm” is defined as any firearm, including any firearm with a matchlock, flintlock, percussion cap or similar type of ignition system, manufactured before 1899 and any replica of a firearm if such replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition or uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the U.S. and which is not readily available in the ordinary channels of commercial trade.MORE
The weapon laws of South Dakota are not applicable to antique firearms or those firearms that have been permanently altered so they are incapable of discharge.LESS
S.D. CODIFIED LAWS §21-10-28 (2011)
S.D. CODIFIED LAWS §21-10-28 (2011)
§21-10-28. Normal operation and use of sport shooting range not a nuisance
The use or operation of a sport shooting range may not be enjoined as a nuisance if the range is in compliance with those statutes, regulations, and ordinances that applied to the range and its operation at the time when the initial operation of the range commenced. The use or operation of a sport shooting range may not be enjoined as a nuisance due to any subsequent change in any statute, regulation, or ordinance pertaining to the normal operation and use of sport shooting ranges.LESS
No county, municipality, or township may pass any ordinance that restricts possession, transportation, sale, transfer, ownership, manufacture or repair of firearms or ammunition or their component. South Dakota Statutes 7-18A-36, 8-5-13, and 9-19-20.
No state agency may adopt or promulgate any rule that restricts the ability to carry or possess a pistol pursuant to being licensed to carry a concealed pistol. South Dakota Statute 1-26-6.10.
South Dakota Statute 22-14-9 allows the carrying of an unloaded handgun in a vehicle without a permit for the purpose of, or in connection with, any lawful use, if the unloaded pistol or revolver is carried: (1) In the trunk or other closed compartment of a vehicle; or (2) In a closed container which is too large to be effectively concealed on the person or within the person's clothing. The container may be carried in a vehicle or in any other manner.MORE
No state agency, political subdivision, official, agent or employee of any state agency may knowingly keep or cause to be kept any list, record, or registry of privately owned firearm or registry of holders of permits to carry a concealed pistol.
No person, other than a law enforcement officer, shall have in his or her possession any firearm or airgun on any school premises or in any school vehicle or in any building or premises used for school functions. This does not apply to firearms or airguns at firing ranges, gun shows, and duly supervised schools or sessions for training in the use of firearms.
No person shall possess a firearm on which the manufacturer’s serial number has been changed, altered, removed or obliterated. This does not apply if the owner or possessor of the firearms has applied for a new serial number with the director of criminal investigation.
It is unlawful for any person to recklessly discharge a firearm.
No person shall set a device designed to activate a weapon upon being tripped or approached and leave it unmarked or unattended by a competent person.
Firearms manufacturers, distributors, and sellers are not liable for injury caused by firearms because of use of the firearm by another. The potential of a firearm to cause serious injury, damage, or death as a result of normal function does not constitute a defective condition of the product.LESS
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