South Dakota Gun Laws

• Pioneering Constitutional Carry: South Dakota is a foundational constitutional carry state. Since 2019, any law-abiding individual 18 years of age or older who is not legally prohibited from possessing a firearm may carry a handgun, openly or concealed, statewide without a permit. The political climate remains fiercely protective of Second Amendment rights.
• Free Permits and Enhanced Options: Although a permit is no longer required for general concealed carry within the state, South Dakota still issues three tiers of permits (Regular, Gold Card, and Enhanced). In a major pro-carry move in 2022, the state completely eliminated all state application and renewal fees for these permits, making them incredibly accessible for residents seeking interstate reciprocity or specific state exemptions (like carrying in the State Capitol).
• Absolute Local Preemption: South Dakota strictly enforces state preemption of firearms laws. Local municipalities, cities, and counties are expressly forbidden from enacting any ordinances that regulate the ownership, possession, carrying, or transportation of firearms, ensuring a unified legal standard statewide.

South Dakota is a "Shall Issue" state that offers three tiers of Concealed Pistol Permits (Regular, Gold Card, and Enhanced) processed through the local County Sheriff and the Secretary of State.

• Minimum Age: 18 years old.
• Training Requirements: None for the Regular or Gold Card permits. The Enhanced Permit requires the applicant to complete a qualifying handgun course that includes instruction on South Dakota self-defense law, use of force, and a live-fire qualification firing at least 98 rounds.
• Background Checks: A background check is conducted by the Sheriff. The Gold Card and Enhanced permits mandate an extensive state and federal (FBI NICS) fingerprint-based background check.
• Fingerprints: Required only for the Gold Card and Enhanced permits.
• Application Fees: The state application fee is $0.00. However, applicants for the Gold Card or Enhanced permits must still pay the federal processing fee for the fingerprint background check (typically around $43.25). All permits are valid for 5 years.
• Processing Times: By law, the Sheriff must issue a temporary Regular permit within 5 days of a clean application. Enhanced permits take longer due to the federal fingerprint processing times (often 30 days).

South Dakota maintains a highly permissive hardware framework with zero state-level restrictions on modern sporting rifles or magazine capacities.

• Magazine Capacity: No restrictions. Any capacity magazine is completely legal to possess, buy, sell, and carry.
• "Assault Weapon" Bans: None. South Dakota does not regulate or ban semi-automatic firearms based on cosmetic features or military appearance.
• Restricted Ammunition: The state defers to federal law regarding standard ammunition. State law explicitly prohibits the possession or use of armor-piercing ammunition during the commission of a violent crime.
• Banned Models: No specific firearm models are banned by name. NFA items (suppressors, SBRs, machine guns) are fully legal provided they comply strictly with federal registration laws.

South Dakota provides incredibly strong "Stand Your Ground" and "Castle Doctrine" protections for individuals forced to use deadly force in self-defense.

• Stand Your Ground: Yes. South Carolina law explicitly states that a person who is not engaged in unlawful activity and is in a place where they have a right to be has no duty to retreat and has the right to stand their ground and meet force with force, including deadly force.
• Castle Doctrine: Yes. The law grants a legal justification for using deadly force against an intruder who unlawfully and forcefully enters a dwelling, residence, or occupied vehicle.
• Duty to Retreat: No. State statute (SDCL 22-18-4) explicitly removes any legal duty to retreat from a threat before using justified force.
• Civil Immunity: Yes. South Dakota provides statutory immunity from civil lawsuits for individuals who use justified force in self-defense, preventing attackers or their surviving relatives from successfully suing for damages.

Transportation laws in South Dakota are highly permissive under constitutional carry, but wildlife laws dictate how long guns are transported.

• Handguns: Any law-abiding adult 18 or older may transport a loaded handgun, openly or concealed, anywhere inside the passenger compartment of a vehicle without a permit.
• Long Guns: State game and fish laws dictate that rifles and shotguns should generally be transported unloaded. It is explicitly illegal to transport a loaded long gun on specific off-road vehicles (like snowmobiles or ATVs) to prevent poaching.
• Federal Gun-Free School Zone Act: Constitutional carry does not satisfy the federal GFSZA exemption. To legally drive within 1,000 feet of a K-12 school in South Dakota without violating federal law, an individual must possess a state-issued Concealed Pistol Permit.

South Dakota defers entirely to federal law for commercial firearm transactions and places no mandates on private sales.

• Dealer Sales: All purchases through a Federal Firearms Licensee (FFL) require a standard NICS background check.
• Private Sales: No background check, paperwork, or government registration is required for private, face-to-face firearm transfers between two South Dakota residents.
• Waiting Periods: There are no mandatory waiting periods for purchasing any type of firearm in South Dakota.
• CCW Bypass: A valid South Dakota Gold Card or Enhanced Permit qualifies as an exemption to the NICS background check at a dealer, allowing for the immediate transfer of the firearm. (The Regular permit does not bypass NICS).

South Dakota does not have an Extreme Risk Protection Order (Red Flag) law. State leadership and the legislature have actively opposed any civil legal mechanism that would allow for the preemptive confiscation of an individual's firearms without full criminal due process.

Because South Dakota operates under constitutional carry, eligible adults (18+) face no penalties for carrying a concealed weapon without a permit. However, if a "prohibited person" (such as a convicted felon) is caught in possession of a firearm, it is a Class 6 felony carrying up to 2 years in state prison and a $4,000 fine.

Providing false information on a permit application is a Class 6 felony. Carrying a firearm into a statutorily prohibited zone, such as a bar deriving over 50% of its income from alcohol, is a Class 2 misdemeanor. Carrying a firearm onto K-12 school property without specific authorization (like a School Sentinel designation) is a Class 1 misdemeanor punishable by up to 1 year in jail and a $2,000 fine.