South Dakota CPP Guide

South Dakota Concealed Pistol Permits: Three Optional Tiers

A permit is optional here, so the question is what it buys you

SDCL 23-7-7 ends with the sentence that defines the subject: "The issuance of a permit to carry a concealed pistol under this chapter does not impose a general prohibition on the carrying of a pistol without a permit." A South Dakota permit is not permission to carry. It is a credential that opens doors permitless carry does not.

There are three: regular, gold card, and enhanced. All run five years, all sit on the same eligibility list, subject to a higher age floor for the enhanced permit, and they differ in what you prove up front and where the card is honored. The Secretary of State's pistol permit FAQ confirms you may hold more than one type at once. Separately from any permit, SDCL 23-7-71 bars a person under eighteen from carrying a concealed pistol except in the presence of a parent or legal guardian.

The sheriff decides, the Secretary of State issues the card

Under SDCL 23-7-7 a permit "must be issued to any applicant by the sheriff of the county in which the applicant resides," is valid throughout the state, and issues pursuant to SDCL 23-7-7.1. Before issuing, the sheriff must execute and the applicant must pass a background investigation that includes a computer check of available on-line records and a check using the National Instant Criminal Background Check System.

SDCL 23-7-8 splits the paperwork: the applicant walks out with a copy that serves as the temporary permit, and the Secretary of State issues the official permit on a form it prescribes. SDCL 23-7-8.1 puts the holder's name, address, expiration date, and issuance date on each permit and requires the enhanced and gold card permits to be clearly designated as such. Under SDCL 23-7-8.3 a permit is issued to a specific person only and may not be transferred. Forms and filing are covered in Application Process.

Every tier is built on the same ten-item list, with one age exception

SDCL 23-7-7.1 is the eligibility statute. A temporary permit issues within five days of application if the person:

1. Is eighteen years of age or older. SDCL 23-7-54.2 raises this to twenty-one for the enhanced permit.
2. Has never pled guilty to, nolo contendere to, or been convicted of a felony or a crime of violence. "Crime of violence" is a defined term at SDCL 22-1-2(9).
3. Is not habitually in an intoxicated or drugged condition.
4. Has no history of violence.
5. Has not been found in the previous ten years to be a danger to others or a danger to self as defined in SDCL 27A-1-1, or is not currently adjudged mentally incompetent.
6. Has physically resided in and is a resident of the county where the application is being made for at least thirty days immediately preceding the date of the application.
7. Has had no violation of chapter 23-7, 22-14, or 22-42 constituting a felony or misdemeanor in the five years preceding the date of application, or is not currently charged under indictment or information for such an offense.
8. Is a citizen or legal resident of the United States.
9. Is not a fugitive from justice.
10. Is not otherwise prohibited by state law, 18 U.S.C. 922(g) as amended to October 26, 2005, or 18 U.S.C. 922(n) as amended to October 26, 2005, from receiving, possessing or transporting a firearm, and passes a National Instant Criminal Background Check.

Item 7 is easy to underestimate. It reaches misdemeanors as well as felonies, it reaches three whole chapters, and a pending charge counts.

Two adjustments sit beside the list. SDCL 23-7-7.5 treats active duty military personnel, and the spouse of an active duty member, with a home of record in South Dakota as having met item 6. Under SDCL 23-7-7.6, where the investigation requires an international criminal history check through INTERPOL, the sheriff issues the temporary permit to an otherwise qualifying applicant within three business days of receiving the INTERPOL response instead.

A denied applicant may appeal to the circuit court under SDCL chapter 1-26. Giving false information or false evidence of identity when applying is a Class 6 felony under SDCL 23-7-12, graded by SDCL 22-6-1(9) at up to two years imprisonment or a four thousand dollar fine, or both.

The regular permit: NICS, five days, five years

The regular permit adds nothing to the SDCL 23-7-7.1 list. Pass the background investigation in SDCL 23-7-7 and the sheriff issues, and SDCL 23-7-8.2 makes the permit valid for five years from the date of issuance. Renewal opens ninety days before expiration under SDCL 23-7-8.11 and repeats the same background investigation, with a mail-in route at SDCL 23-7-8.12 for a Guard, Armed Forces, or Reserves member whose permit expires during a deployment outside the state. Mechanics are covered in Renewal Process.

SDCL 23-7-8.13 gives a thirty-day grace period after expiration during which the holder may keep carrying concealed. Note a conflict: the Secretary of State's July 2026 Firearm Handbook prints a sixty-day grace period at this same citation. The statute says thirty days. So does the handbook's own reprint of SDCL 23-7-8.13, and so does the Secretary of State's pistol permit page. Rely on the statute. SDCL 23-7-8.14 strips the grace period from any holder who committed a crime that would make it unlawful to own or possess a gun, or who applied to renew and was denied for a reason in SDCL 23-7-7.1.

The gold card permit: a fingerprint check instead of a course

SDCL 23-7-60 asks for two things beyond the base list, filed with the sheriff of the county of residence: a copy of the applicant's fingerprints for submission to the FBI, and any governmental agency or entity authorized to receive the information, for a state, national, and international criminal background check, and an authorization to run a criminal background check. The sheriff forwards both to the Division of Criminal Investigation.

Under SDCL 23-7-61 the sheriff holds the application until results arrive, then issues a temporary gold card permit within thirty days of application if the applicant meets SDCL 23-7-7.1, is not prohibited under state law or 18 U.S.C. 922(g) or (n), passes the fingerprint check, and passes NICS. It runs five years under SDCL 23-7-63. Renewal under SDCL 23-7-62 opens one hundred eighty days before expiration and closes thirty days after, and takes an online records check plus NICS. No training is involved at any stage.

The enhanced permit: fingerprints plus a qualifying handgun course

SDCL 23-7-53 calls this an "optional enhanced permit." The application goes to the sheriff of the county of residence and must include the same FBI fingerprint submission clause as the gold card, plus an authorization to run a fingerprint background check, where SDCL 23-7-60 asks for an authorization to run a criminal background check. Where the sheriff takes the prints, the sheriff must secure them at no additional charge to the applicant. The application must also include proof that the applicant either completed a qualifying handgun course as defined in SDCL 23-7-58 within the preceding twelve months, or is a current or former law enforcement officer who within the preceding twelve months qualified or requalified on a certified shooting course administered by a firearms instructor approved by the Law Enforcement Officers Standards Commission.

SDCL 23-7-58 requires that course to be taught by a National Rifle Association certified instructor who also holds a current certificate of completion from the South Dakota Division of Criminal Investigation on the use of force, and to include, among its four required components, live fire training of at least ninety-eight rounds of ammunition fired by the student. Course content and instructor certification are covered in Training Requirements.

Timing tracks the gold card. Under SDCL 23-7-54 the sheriff issues a temporary enhanced permit within thirty days of application once the applicant meets SDCL 23-7-7.1, is not state or federally prohibited, and passes both the fingerprint check and NICS. SDCL 23-7-55 makes the permit valid for five years and adds a condition the other tiers do not carry: it "is only valid if carried with a government issued form of identification that includes a picture of the permit holder."

Renewal is the demanding one. Under SDCL 23-7-56 the window opens twelve months before expiration and closes thirty days after, and the holder must pass an online records check and NICS and show that within that window the person completed the live fire component of a qualifying handgun course, received instruction on the use of force standards, and received instruction on relevant criminal statutory changes. A current or former law enforcement officer may instead show a qualification or requalification within the twelve months preceding expiration on a certified shooting course administered by a Law Enforcement Officers Standards Commission approved firearms instructor. Miss the window and the permit is deemed invalid, and getting another means a fresh SDCL 23-7-53 application.

Applicants aged eighteen to twenty get a restricted enhanced permit

SDCL 23-7-54.2 sets the enhanced permit age at twenty-one or older, notwithstanding any other law. An applicant aged eighteen to twenty who meets SDCL 23-7-53 and SDCL 23-7-54 and any other specified requirements is issued, on the approval of the sheriff of the county where the application was submitted, a temporary restricted enhanced permit clearly designated as being for individuals eighteen to twenty. Under SDCL 23-7-54.4 a holder of an unexpired restricted enhanced permit who reaches twenty-one may request an unrestricted enhanced permit in writing from the Secretary of State, issued at no additional cost.

One warning. SDCL 23-7-7.4 was repealed by SL 2022, ch 69, and SDCL 23-7-54.1 and SDCL 23-7-54.3 were repealed in 2023. Minnehaha County's concealed pistol page still lists "Standard requirements per SDCL 23-7-7.4" for the restricted enhanced permit, and cites SDCL 23-7-7.3, the attorney general's reciprocity comparison statute, for the enhanced permit. Neither citation states a requirement. The live requirements are SDCL 23-7-7.1 plus SDCL 23-7-53, with the age rule in SDCL 23-7-54.2.

What an enhanced permit reaches that a regular or gold card permit does not

Public campuses. SDCL 13-53-56, enacted in 2025, bars the Board of Regents and its institutions from restricting the lawful carrying, possession, storage, or transportation of a concealed pistol as defined in SDCL 22-1-2, and compatible ammunition, by an individual holding an enhanced permit, a restricted enhanced permit, or a reciprocal permit under chapter 23-7, within the boundaries of the institution, or in any building or structure owned or leased by the board or the institution. SDCL 13-39A-43 imposes the identical rule on the Board of Technical Education. Neither names a regular or gold card permit. SDCL 13-53-57 and SDCL 13-39A-44 give back a narrow set of exceptions and require the pistol to be stored in a locked case or safe whenever the individual is not carrying or in possession of it. Those exceptions are covered in Prohibited Places.

K-12 and the state capitol. Two criminal statutes carry an exemption that only an enhanced permit unlocks. Under SDCL 13-32-7(3) an individual who is twenty-one or older, holds an enhanced permit, and has written permission from the principal or other person with general control and supervision of the building or grounds is exempt from SDCL 13-32-7's Class 1 misdemeanor for weapons on public elementary and secondary school property, which SDCL 22-6-2(1) grades at up to one year in county jail or a two thousand dollar fine, or both. Under SDCL 22-14-24(5) an enhanced permit holder who, at least twenty-four hours before first entering with a concealed pistol, notifies the superintendent of the Division of Highway Patrol of the intended date or range of dates, where a range may not extend beyond December thirty-first and the notice may be renewed without limit, is exempt from the Class 1 misdemeanor at SDCL 22-14-23 anywhere in the state capitol other than the Supreme Court chamber or an access-controlled private office under security supervision. Both exemptions and their limits are covered in Prohibited Places.

Where each tier is honored outside South Dakota

The Secretary of State's reciprocity grid lists states honoring all three permits, a shorter list honoring only the enhanced permit, and a couple honoring the gold card. See Reciprocity.

Three changes that are not tied to the enhanced tier

School parking lots. SDCL 13-32-7 was last amended by SL 2025, ch 83, and the version it enacted carries a vehicle exception at subdivision (4): it exempts an individual holding any permit to carry a concealed pistol issued under chapter 23-7 while that individual is inside a motor vehicle, or outside a motor vehicle and securing a pistol in or retrieving a pistol from the vehicle. Any tier qualifies. The exemption turns on holding a permit, so without one you have to fall within a different subdivision of the statute.

Local government property and covenants. Two more 2025 acts reach carry without touching permits at all. SL 2025, ch 36 bars county, township, and municipal governments from restricting their own employees, officers, and volunteers from lawfully possessing a concealed firearm on government property, subject to carve-outs, and SL 2025, ch 181 voids provisions of a covenant running with the land that restrict the lawful possession, storage, transportation, or discharge of a firearm (SDCL 7-18-35, 8-4-13, 9-14-44, 9-14-45, 43-12-7). See Overview.

Revocation runs on two tracks inside chapter 23-7

The first track requires a court. Under SDCL 23-7-8.4 a prosecuting attorney, on the application of a law enforcement officer, applies to the circuit court for an order to show cause why a person's permit to carry a concealed pistol should not be revoked, and on the court's order after a hearing the permit is revoked and the holder must immediately surrender it to the sheriff of the county of residence. Unless a section says otherwise, SDCL 23-7-57 carries that track across the enhanced and gold card permits too, so it is not limited to the regular permit.

The second track skips the hearing and runs only on the enhanced and gold card permits. Under SDCL 23-7-64 the permit is automatically revoked on a failure to maintain the SDCL 23-7-7.1 requirements or when the holder becomes prohibited under state law or 18 U.S.C. 922(g) or (n), and the holder must immediately return the card to the county sheriff. If it is not returned, the sheriff secures its return forthwith where the disqualifier is a violent crime or a crime punishable by more than one year of incarceration, and as soon as reasonably possible for any other disqualifying offense. A holder who believes the permit was unlawfully secured may petition the circuit court for its return.

Two Class 1 misdemeanors attach, each punishable under SDCL 22-6-2(1) by up to one year in county jail or a two thousand dollar fine, or both: possessing or presenting a revoked enhanced or gold card permit while ineligible to hold one, under SDCL 23-7-65, and failing or refusing to surrender a revoked one on lawful demand, under SDCL 23-7-67, which also charges the violator ten dollars and fifty cents plus mileage for an officer's recovery trip and makes nonpayment a Class 2 misdemeanor (up to thirty days or five hundred dollars under SDCL 22-6-2(2)). Under SDCL 23-7-66 a court entering a disqualifying conviction collects these permits and forwards them to the sheriff of the defendant's county of residence. SDCL 23-7-68 lets law enforcement periodically run NICS on enhanced and gold card holders to confirm continued eligibility.

Name and address changes, and liability

SDCL 23-7-69 requires a holder to notify the Secretary of State in writing of a name change due to marriage or court order, or a change of physical address, and the Secretary of State must provide a new permit if the revised address is in South Dakota. The same section allows an out-of-state address on the card for an active duty military member or spouse with a South Dakota home of record, and for a holder whose home is physically in South Dakota but whose official postal address falls in a bordering-state county.

Two liability limits close the chapter. Under SDCL 23-7-7.2 an authority that issued a permit in accordance with the chapter is not liable for injury, wrongful death, or damages because it issued the permit. Under SDCL 23-7-59.1 an instructor certified under SDCL 23-7-59 is not liable for a current or former student's handling of a firearm unless the instructor engaged in gross negligence or willful or wanton misconduct while providing instruction. And SDCL 23-7-57 is the glue: unless otherwise specified, the chapter's references, rights, and responsibilities for a permit to carry a concealed pistol also apply to the enhanced and gold card permits.

What a permit does not settle

It does not change who may possess a firearm. Item 10 of SDCL 23-7-7.1 incorporates the federal disabilities at 18 U.S.C. 922(g) and (n), and losing eligibility after issuance is what triggers automatic revocation for the enhanced and gold card tiers.

It does not tell you the price. The amounts in SDCL 23-7-72 are what the Secretary of State reimburses counties for permits issued on or after July 1, 2022, not the fee an applicant pays. See Fees and Costs.

Constitutional (Permitless) Carry in South Dakota

You do not need a permit to carry a pistol in South Dakota, concealed or openly. How the state got there matters more than the label, because it changes how you reason about every edge case. The legislature did not write a permission slip into the code. It deleted the offense.

The mechanism is a repeal, not a carve-out

Senate Bill 47 of the 2019 session, enacted as SL 2019, ch 113 and signed January 31, 2019, opens with four bare repealers. Section 1 repealed SDCL 22-14-9. Section 2 repealed SDCL 22-14-9.1. Section 3 repealed SDCL 22-14-10. Section 4 repealed SDCL 22-14-11. SDCL 22-14-9 was the concealed-weapon carry offense: sections 12 and 13 of the same act strike references to it reading "the permit holder is not in violation of 22-14-9" and "is not a concealed weapon under 22-14-9." The other three went with it as companion provisions, and section 11 shows what SDCL 22-14-11 had been, striking language that preserved carrying "pursuant to 22-14-11" by home or business owners on their property. Pulling up any of the four numbers in the code today returns only a repeal notice: "22-14-9, 22-14-9.1. Repealed by SL 2019, ch 113" and "22-14-10, 22-14-11. Repealed by SL 2019, ch 113." The enrolled act declares no emergency, and under S.D. Const. art. III, sec. 22 no act takes effect until ninety days after the session adjourns unless, in case of an emergency expressed in the preamble or body of the act, two-thirds of all members elected to each house direct otherwise, so the repeal took hold during 2019 rather than on the day it was signed.

That structure is the whole point. There is no permitless-carry statute to read, no exemption whose conditions you have to satisfy, and no residency test buried in an exception clause. SDCL 23-7-7 says it directly: "The issuance of a permit to carry a concealed pistol under this chapter does not impose a general prohibition on the carrying of a pistol without a permit." Note the direction of that sentence. It does not grant carry authority. It says the permit chapter is not the source of a prohibition.

Neither chapter 22-14 nor chapter 23-7 now conditions carrying a pistol on holding a permit, and neither one turns on South Dakota residency or on what your home state does. What binds you are the separate status-based and place-based offenses that SL 2019, ch 113 left standing.

Who may carry without a permit

Age. Eighteen is the practical floor. A person under eighteen who knowingly possesses a pistol commits a Class 1 misdemeanor under SDCL 23-7-44. SDCL 23-7-45 lifts that only with the prior written consent of a parent or guardian plus one of three circumstances: the minor is on premises owned or leased by the minor or the minor's parent, guardian, or immediate family member; the minor is in the presence of a licensed or accredited gun safety instructor; or the pistol is being used for farming, ranching, hunting, trapping, target shooting, or gun safety instruction. Separately, SDCL 23-7-71 says a person under eighteen "may not carry a concealed pistol except in the presence of a parent or legal guardian." That section states no penalty, and SDCL 22-6-2 supplies a Class 2 misdemeanor default when a statute prohibits an act without imposing one, since its list of excepted titles does not reach Title 23. The two rules stack: a seventeen-year-old target shooting on written parental consent is outside SDCL 23-7-44, but SDCL 23-7-71 still wants a parent or legal guardian present before that pistol goes concealed.

State prohibited persons. The 2019 repeal did nothing to the possession bars, and they survived untouched:

• SDCL 22-14-15. No person convicted in this state or elsewhere of a crime of violence, or of a felony under SDCL 22-42-2, 22-42-3, 22-42-4, 22-42-7, 22-42-8, 22-42-9, 22-42-10, or 22-42-19, may possess or control a firearm. Class 6 felony. The bar does not apply to a person last discharged from prison, jail, probation, or parole more than fifteen years before the principal offense.
• SDCL 22-14-15.1. No person convicted of a felony under chapter 22-42, or of a same-elements felony in another state, may possess or control a firearm. Class 6 felony. The bar lifts five years after last discharge, provided the person is not also caught by SDCL 22-14-15.
• SDCL 22-14-15.2. A misdemeanor conviction involving an act of domestic violence bars possession for one year from the date of conviction. Class 1 misdemeanor. Civil rights are restored at the end of that year, and the statute gives a petition procedure for an order reflecting the restoration.
• SDCL 22-14-16. Knowingly giving, loaning, or selling a firearm to someone you know is barred by SDCL 22-14-15 or 22-14-15.1 is itself a Class 6 felony.

For SDCL 22-14-15 and 22-14-15.1, SDCL 22-14-15.3 defines "firearm" to include antique firearms under SDCL 22-1-2(4) and any muzzle-loading rifle, shotgun, or pistol, black-powder weapons that cannot use fixed ammunition included. A muzzleloader is not a loophole here.

The federal layer, and why buying is not carrying. 18 U.S.C. 922(g) makes it unlawful for nine categories of person to possess a firearm in or affecting commerce, among them anyone convicted of a crime punishable by more than a year, fugitives, unlawful users of a controlled substance, people adjudicated as a mental defective or committed to a mental institution, certain aliens, people subject to a qualifying restraining order, and people convicted of a misdemeanor crime of domestic violence. Keep purchase separate from carry in your head. 18 U.S.C. 922(b)(1) bars a federal licensee from selling or delivering any firearm or ammunition to an individual the licensee knows or has reasonable cause to believe is under eighteen, and, for anything other than a shotgun or rifle or their ammunition, under twenty-one. 18 U.S.C. 922(x)(2) separately makes juvenile handgun possession unlawful, subject to its own written-consent exceptions. So an eighteen-year-old South Dakotan can carry a pistol here without a permit and still be turned away from the handgun case at a licensed dealer.

Two offenses that still turn on how you carry

SDCL 22-14-8 was not repealed. Anyone who conceals a controlled or dangerous weapon on or about the person "with intent to commit a felony" is guilty of a Class 5 felony. The intent element is what carries it, not the concealment. "Dangerous weapon" under SDCL 22-1-2(10) covers any firearm, and "concealed" under SDCL 22-1-2(6) means totally hidden from view, so any part capable of being seen puts you outside the definition.

SDCL 22-14-7(3) also survived, and it applies whether or not you hold a permit: having a loaded firearm in personal possession while intoxicated is a Class 1 misdemeanor.

Where permitless carry is barred, and where it is only unprotected

County courthouses and the state capitol. SDCL 22-14-23 makes it a Class 1 misdemeanor to knowingly possess, or cause to be present, any firearm or other dangerous weapon in a county courthouse or the state capitol, or to attempt it. SDCL 22-14-22 stretches both terms to appended and supplementary buildings. SDCL 22-14-27 forecloses the obvious defense: a defendant may not claim that he held a concealed pistol permit issued under chapter 23-7. That is not in tension with SDCL 22-14-24(5), which lets an enhanced permit holder possess a concealed pistol in the capitol, because SDCL 22-14-23 opens with an express exception for SDCL 22-14-24. The enumerated exceptions take the conduct out of the offense; a permit raised outside them is no answer. The capitol exception requires an enhanced permit under SDCL 23-7-53 and at least twenty-four hours of advance notice, orally or in writing, to the superintendent of the Division of Highway Patrol, and it does not reach the Supreme Court chamber or an access-controlled private office under security supervision. A county commission may waive SDCL 22-14-23 for its own courthouse by majority of the members-elect under SDCL 22-14-28, and SDCL 22-14-25 preserves a court's power, except as to the SDCL 22-14-24 authorizations, to punish contempt and to regulate weapons within any building housing the court and on grounds pertinent to it.

Public K-12 schools. SDCL 13-32-7 makes it a Class 1 misdemeanor to intentionally carry, possess, store, or leave a dangerous weapon, firearm, or air gun on public elementary or secondary school premises, vehicles, or buildings. House Bill 1222 of the 2025 session, an act to expand the authorized carrying, possession, and storage of a concealed pistol, amended that section, and the version it enacted carries a vehicle exception at subdivision (4). Be precise about who gets it. Subdivision (4) covers "an individual who holds any permit to carry a concealed pistol, issued in accordance with chapter 23-7," while that individual is inside a motor vehicle, or outside one securing a pistol in or retrieving a pistol from the vehicle. Any chapter 23-7 permit qualifies, so the regular, enhanced, and gold card permits all work, along with the restricted enhanced permit that SDCL 23-7-54.2 provides for qualifying applicants eighteen to twenty as the age-limited form of the enhanced permit. A permitless carrier gets nothing from it. Subdivision (3) is narrower and needs an enhanced permit, an age of twenty-one or older, and written permission from the principal. Nonpublic schools and houses of worship sit outside the section under subdivisions (8) through (10).

Public campuses. Neither campus statute bans carry on its own. Each limits what the governing board and the institutions under its control may do. SDCL 13-53-56 and SDCL 13-39A-43, both from SL 2025, ch 86, bar the Board of Regents and the Board of Technical Education from restricting concealed pistol carry, but only by an individual holding an enhanced permit, a restricted enhanced permit, or a reciprocal permit under chapter 23-7. SDCL 13-53-57 and SDCL 13-39A-44 preserve institutional limits in designated hazardous-material areas, cleanrooms, security-cleared spaces, and screened special events, and require storage in a locked case or safe when the pistol is off the person. A permitless carrier gets no pistol protection from either section.

Screened municipal events. SL 2025, ch 36, sec 4 is a grant of authority to a municipality rather than a statewide ban. It lets a municipality prohibit a dangerous weapon as defined in SDCL 22-1-2 inside a building or facility where an event is occurring, but only where metal detectors screen for weapons and armed security personnel are posted at each public entrance.

Federal school zones. 18 U.S.C. 922(q)(2)(A) makes it unlawful to knowingly possess a firearm that has moved in or otherwise affects interstate or foreign commerce at a place you know, or have reasonable cause to believe, is a school zone. 18 U.S.C. 921(a)(26) defines that zone as school grounds plus 1,000 feet. The exception at 922(q)(2)(B)(ii) runs to an individual "licensed to do so by the State in which the school zone is located," where state law requires law enforcement to verify the applicant's qualification before the license issues. SDCL 23-7-7 requires exactly that verification before a South Dakota permit issues, which is why a permit and permitless status are not interchangeable here. Whether a given permit satisfies the federal exception is a federal-law question, so confirm it before relying on it. The other route out is 922(q)(2)(B)(iii): unloaded, and in a locked container or a locked firearms rack on a motor vehicle.

Alcohol after the 2025 repeal

There is no bar-carry ban in South Dakota law today. SL 2019, ch 113, sec 14 had created one as SDCL 23-7-70, reading "A person may not carry a concealed pistol in any licensed on-sale malt beverage or alcoholic beverage establishment that derives over one-half of its total income from the sale of malt or alcoholic beverages." SL 2025, ch 36, sec 5, signed March 24, 2025, repealed it outright. A version of the restriction had lived in SDCL 23-7-8.1 before 2019, phrased as a limit on permit holders. Section 11 of the 2019 act struck it from there while section 14 added the freestanding ban that became SDCL 23-7-70, so the 2025 repeal closed out the last of it.

Two chapter 35-1 offenses restrict alcohol rather than firearms. SDCL 35-1-5.3 makes consuming distilled spirits in a public place a Class 2 misdemeanor outside the premises of an on-sale dealer licensed to sell distilled spirits, and SDCL 35-1-9.1 makes an open container in a vehicle on a public highway a Class 2 misdemeanor, subject to the SDCL 35-1-9.3 exceptions. Neither reaches a firearm. The rule that does is SDCL 22-14-7(3), and it applies to you in a tavern exactly as it does anywhere else.

The state constitutional backdrop

S.D. Const. art. VI, sec. 24 provides: "The right of the citizens to bear arms in defense of themselves and the state shall not be denied."

Why the permits still matter

South Dakota kept all three tiers, and each one buys something permitless carry cannot: a claim to the federal school-zone exception under 922(q)(2)(B)(ii) that no permitless carrier has, the SDCL 13-32-7(4) school vehicle exception, out-of-state recognition, capitol carry and public campus carry on the enhanced permits, and campus carry at eighteen through the restricted enhanced permit under SDCL 23-7-54.2. For eligibility, fees, and the application steps, see the Permit Basics, Application Process, and Reciprocity sections of this guide.

Silencers after the 2026 change

SL 2026, ch 96 amended SDCL 22-1-2(8) so that "Controlled weapon" now "includes a machine gun and short shotgun, but does not include a firearm silencer," and amended SDCL 22-14-6, which makes knowing possession of a controlled weapon a Class 6 felony. That narrows the state offense: a silencer is no longer a controlled weapon under South Dakota law, so attaching one to a pistol no longer puts the carrier inside SDCL 22-14-6. Federal law is untouched. A silencer is still a firearm under 26 U.S.C. 5845(a)(7), and 26 U.S.C. 5861(d) still makes it unlawful to receive or possess one not registered to you in the National Firearms Registration and Transfer Record.

Grading reference

Felony maximums come from SDCL 22-6-1 and misdemeanor maximums from SDCL 22-6-2. A bill that died in the legislature is not law, whatever was said about it at the time. Check the current text of any section above on the South Dakota Legislature's codified law portal before you rely on it.

Concealed Carry in South Dakota

The headline

South Dakota does not require a permit to carry a concealed pistol. SDCL 23-7-7 ends with the operative sentence: "The issuance of a permit to carry a concealed pistol under this chapter does not impose a general prohibition on the carrying of a pistol without a permit." The 2019 legislature cleared four sections out of the weapons chapter in one act: SL 2019, ch 113 repealed SDCL 22-14-9 and 22-14-9.1 in secs. 1 and 2, and SDCL 22-14-10 and 22-14-11 in secs. 3 and 4. Any guide still citing those four is citing dead law. The Secretary of State's pistol permit FAQ states the result plainly. South Dakota allows permitless open carry and permitless concealed carry, for residents and nonresidents.

Permits still exist. Chapter 23-7 issues three optional tiers, plus an age-limited form of the enhanced permit for applicants aged eighteen to twenty, and they can be held at the same time. What a permit buys is not the right to carry. It is a short list of places and privileges, set out below, plus recognition when you travel.

What "concealed" means

SDCL 22-1-2(6) defines "concealed" for all of Title 22 as "any firearm that is totally hidden from view. If any part of the firearm is capable of being seen, it is not concealed." SDCL 23-7-1(2) points the permit chapter back at that definition. "Pistol" is SDCL 22-1-2(32): any firearm with a barrel under sixteen inches, designed to expel a projectile by the action of an explosive. Chapter 23-7 does not reach antique firearms or firearms permanently altered so they cannot be discharged (SDCL 23-7-1.1). SDCL 22-14-17 carries only the nondischargeable half into chapter 22-14: that chapter does not apply to any firearm permanently altered so it is incapable of being discharged. Antique firearms get no such pass there. SDCL 22-14-15.3 counts an antique firearm, and any muzzle loading rifle, shotgun, or pistol, as a firearm for SDCL 22-14-15 and SDCL 22-14-15.1.

What is still a crime while you carry

Every grade below maps to a maximum through SDCL 22-6-1 (felonies) and SDCL 22-6-2 (misdemeanors).

• Concealing with felonious intent. SDCL 22-14-8 makes it a Class 5 felony to conceal "on or about his or her person a controlled or dangerous weapon with intent to commit a felony," which is up to five years in a state correctional facility plus a fine up to ten thousand dollars (SDCL 22-6-1(8)). This is the concealment offense still on the books, and it turns on intent, not on whether you hold a permit.
• Loaded firearm while intoxicated. SDCL 22-14-7(3) makes it a Class 1 misdemeanor to have "in personal possession a loaded firearm while intoxicated," up to one year in county jail or a two thousand dollar fine, or both (SDCL 22-6-2(1)). SDCL 22-1-2(22A) defines "loaded firearm" as a functional firearm with a cartridge, shell, or projectile in the chamber, including any chamber in a revolver's cylinder.
• Prohibited persons. SDCL 22-14-15 bars possession by anyone convicted of a crime of violence or a listed chapter 22-42 drug felony, a Class 6 felony, with the bar lifting fifteen years after last discharge from prison, jail, probation, or parole. SDCL 22-14-15.1 does the same after any chapter 22-42 felony, on a five-year window that runs only for someone not also caught by SDCL 22-14-15. SDCL 22-14-15.2 bars possession for one year after a misdemeanor conviction involving an act of domestic violence, a Class 1 misdemeanor, with civil rights restored at the end of the year.
• Carrying during a felony. SDCL 22-14-12 makes committing or attempting any felony while armed with a firearm a Class 2 felony on a first conviction, carrying a five-year minimum that cannot be probated or suspended, and a Class 1 felony with a ten-year minimum on a second. It is charged as a separate count (SDCL 22-14-14).
• Controlled weapons. SDCL 22-14-6 makes knowing possession of a controlled weapon a Class 6 felony, subject to exceptions including a federal license for the weapon or registration with the proper federal authority. As amended in 2026, SDCL 22-1-2(8) provides that "controlled weapon" includes a machine gun and short shotgun "but does not include a firearm silencer," so a suppressor is outside that state offense. Federal registration is unaffected: a silencer is a firearm under the National Firearms Act, 26 U.S.C. 5845(a)(7), and 26 U.S.C. 5861(d) makes it unlawful to receive or possess one that is not registered to you in the National Firearms Registration and Transfer Record.
• Under eighteen. SDCL 23-7-71 bars anyone under eighteen from carrying a concealed pistol except in the presence of a parent or legal guardian. It carries no penalty of its own. SDCL 22-6-2 makes a statutory prohibition with no stated penalty a Class 2 misdemeanor outside a list of excepted titles that does not include Title 23, which is thirty days in county jail or a five hundred dollar fine, or both. Read that grade as the statutory default rather than a penalty SDCL 23-7-71 states. SDCL 23-7-44 separately grades knowing pistol possession by a minor as a Class 1 misdemeanor. SDCL 23-7-45 exempts a minor who had the prior written consent of a parent or guardian and was on premises owned or leased by the minor or the minor's parent, guardian, or immediate family member, was in the presence of a licensed or accredited gun safety instructor, or was using the pistol for farming, ranching, hunting, trapping, target shooting, or gun safety instruction.

Courthouses and the capitol are barred, with narrow exceptions

SDCL 22-14-23 makes it a Class 1 misdemeanor to knowingly possess, or cause to be present, any firearm or other dangerous weapon in a county courthouse or the state capitol, or to attempt to do so. SDCL 22-14-22 defines both terms to include any building appended to or used as a supplementary structure to them, so the annex counts.

SDCL 22-14-27 forecloses the obvious defense: a defendant "may not claim as a defense that the defendant was the holder of a permit to carry a concealed pistol issued under chapter 23-7." Signs go up at every public entrance under SDCL 22-14-26, and SDCL 22-14-25 preserves a court's own power to punish contempt and to make rules about weapons in its building and on its grounds, except as to the authorizations SDCL 22-14-24 sets out.

The exceptions in SDCL 22-14-24 are narrow:

1. Officials and officers of the court performing official duties, judges and magistrates, and authorized federal or state officials and service members.
2. Qualified active and retired law enforcement officers carrying a concealed pistol in the state capitol under the federal Law Enforcement Officers Safety Act, 18 U.S.C. 926B and 926C.
3. An enhanced permit holder carrying a concealed pistol anywhere in the capitol other than the Supreme Court chamber or an access-controlled private office under security supervision, on oral or written notice to the superintendent of the Division of Highway Patrol at least twenty-four hours before initially entering the capitol with a concealed pistol. The notice names a date or range of dates not running past December 31 of that year, and may be renewed without limit.
4. County or state employees assigned to work in the courthouse, if they are not inmates and stay out of areas supervised by the Unified Judicial System.
5. Lawful carry in a county courthouse incident to a hunter safety or gun safety course, or for any other lawful purpose.

A county commission can switch the courthouse rule off by a majority of the members-elect (SDCL 22-14-28), and that waiver supersedes the county-employee exception. Call the county before you assume either way.

Public K-12 schools bar carry, with a vehicle exception for permit holders

SDCL 13-32-7 makes it a Class 1 misdemeanor to intentionally carry, possess, store, keep, leave, or place any dangerous weapon, firearm, or air gun on or in public elementary or secondary school premises, vehicles, or buildings, or on premises used or leased for public school functions, whether or not anyone is endangered.

Two exceptions matter to a carrier. Subdivision (3) covers a person twenty-one or older who holds an enhanced permit issued in accordance with chapter 23-7 and has written permission from the principal or whoever has general control of the building or grounds. Subdivision (4) covers "an individual who holds any permit to carry a concealed pistol, issued in accordance with chapter 23-7," while inside a motor vehicle, or outside one securing a pistol in or retrieving a pistol from the vehicle. Any tier works for subdivision (4), which is recent: SDCL 13-32-7 was last amended by SL 2025, ch 83, sec. 1. A permitless carrier gets neither exception.

The statute also exempts law enforcement officers, individuals who completed a school sentinel course under chapter 13-64, starting guns at athletic events, firing ranges, gun shows, supervised firearms training, color guard ceremonies with an unloaded weapon, nonpublic schools, and churches or other houses of worship.

Both permit exceptions run on a permit "issued in accordance with chapter 23-7," and chapter 23-7 issues permits only through the sheriff of the applicant's South Dakota county of residence (SDCL 23-7-7, SDCL 23-7-53, SDCL 23-7-60). When the legislature wanted a permit term beyond the enhanced and the restricted enhanced it said so, naming a "reciprocal permit" in SDCL 13-53-56 and SDCL 13-39A-43. SDCL 13-32-7 names no such thing. Treat an out-of-state permit as not carrying either school exception, and see RECIPROCITY.

Federal law runs alongside this one. 18 U.S.C. 922(q)(2)(A) reaches possession in a school zone, defined at 18 U.S.C. 921(a)(26) as the grounds plus a 1,000-foot radius. Its license exception at 922(q)(2)(B)(ii) applies only where the carrier is licensed by the State in which the school zone is located, or by a political subdivision of that State, and that State's or subdivision's law requires its law enforcement authorities to verify the individual is qualified to receive the license. A permitless carrier has nothing to invoke there and has to fall back on the other exceptions in 922(q)(2)(B), which include private property that is not part of school grounds at (B)(i) and a firearm that is unloaded and in a locked container or locked firearms rack on a motor vehicle at (B)(iii).

Campus carry runs through the governing boards, not through a general permission

A single 2025 act, SL 2025, ch 86, restricts what the higher education boards may do. SDCL 13-53-56 bars the Board of Regents and its institutions from restricting the lawful carrying, possession, storage, or transportation of a concealed pistol and compatible ammunition "by any individual holding an enhanced permit, a restricted enhanced permit, or a reciprocal permit in accordance with chapter 23-7." SDCL 13-39A-43 imposes the identical rule on the Board of Technical Education. Both also cover stun guns, mace, pepper spray, and other chemical irritants for any individual, with no permit condition.

Read the grammar before you teach it. These sections tell the boards what they cannot prohibit; by their terms they do not authorize carry by anyone outside the named group, so a regular permit holder, a gold card holder, and a permitless carrier are not covered by the pistol clause.

SDCL 13-53-57 and SDCL 13-39A-44 let the boards restrict carry anyway in four settings: a designated area holding more than fifty-five gallons of flammable liquid, significant NFPA Category 3 or higher hazardous materials, K-size cylinders of certain gases, L-size acetylene cylinders, or MRI or NMR equipment; a cleanroom used for manufacturing or scientific research; an area under a facility or federal security clearance; and a building during a special event where metal detectors are used and armed security staff are posted at every public entrance. When you are not carrying the item, both sections require storage in a locked case or safe.

The bar ban is gone

SDCL 23-7-70 prohibited carrying a concealed pistol in any licensed on-sale establishment deriving over half its income from malt or alcoholic beverage sales. SL 2025, ch 36, sec. 5 (2025 House Bill 1218) repealed it outright, signed March 24, 2025, and the other four sections of that act put nothing in its place.

What governs now is your condition, not the building's liquor license. SDCL 22-14-7(3) reaches personal possession of a loaded firearm while intoxicated wherever you are standing. See RESTRICTIONS for what a property owner can still do.

Local governments have little room to restrict you

SDCL 9-19-20 voids any municipal ordinance restricting the possession, storage, transportation, purchase, sale, transfer, ownership, manufacture, or repair of firearms, ammunition, or their components, and directs the attorney general to issue a cease and desist order and then sue. SDCL 7-18A-36 and SDCL 8-5-13 do the same for counties and townships, each carving out generally applicable zoning, building, and fire codes not used to circumvent the ban. SDCL 1-26-6.10 blocks any state agency rule restricting a right or privilege to carry or possess a concealed pistol under chapter 23-7. See PREEMPTION for the full treatment.

The same 2025 act that repealed the bar ban added SDCL 7-18-35, SDCL 8-4-13, and SDCL 9-14-44. Counties, townships, and municipalities may not use a policy, guidance letter, or similar written or oral directive to keep their own employees, officers, or volunteers from lawfully possessing a concealed firearm and compatible ammunition in government buildings, facilities, vehicles, or on government real property. Excluded are inmates, and anyone other than a law enforcement officer either inside the secure area of a detention facility, mental health crisis center, or substance use disorder residential treatment facility, or using a government vehicle to transport a person apprehended under chapter 27A-10. SDCL 9-14-45 lets a municipality restrict dangerous weapons in a building or facility hosting an event, but only where metal detectors are used to screen for dangerous weapons and armed security personnel are posted at each public entrance.

What the permit tiers actually change

Chapter 23-7 issues three permit types, plus an age-limited form of the enhanced permit for applicants aged eighteen to twenty. The regular, enhanced, and gold card permits each run five years from issuance (SDCL 23-7-8.2, SDCL 23-7-55, SDCL 23-7-63), and every application goes through the sheriff of your county of residence. SDCL 23-7-57 makes the rights and responsibilities of the regular permit apply to the enhanced and gold card permits unless a section says otherwise.

• Regular permit (SDCL 23-7-7, SDCL 23-7-7.1, SDCL 23-7-8.2). The baseline card. It satisfies the school motor vehicle exception in SDCL 13-32-7(4).
• Enhanced permit (SDCL 23-7-53, SDCL 23-7-55). Requires fingerprints for a state, national, and international background check, plus proof of either a qualifying handgun course under SDCL 23-7-58 within the preceding twelve months or, for a current or former law enforcement officer, qualification or requalification within the preceding twelve months on a certified shooting course run by an instructor approved by the Law Enforcement Officers Standards Commission (SDCL 23-7-53(4)). The age floor is twenty-one (SDCL 23-7-54.2). It is valid only when carried with a government-issued photo ID. It is the tier named for the state capitol in SDCL 22-14-24(5) and for the school written-permission exception in SDCL 13-32-7(3), and it is named in the campus statutes.
• Restricted enhanced permit (the eighteen to twenty form of the enhanced permit, SDCL 23-7-54.2). Issued on the sheriff's approval to an applicant who meets SDCL 23-7-53 and SDCL 23-7-54, and labeled as restricted. It is named in the campus statutes. At twenty-one the holder may write the Secretary of State for an unrestricted enhanced permit at no additional cost (SDCL 23-7-54.4).
• Gold card permit (SDCL 23-7-60, SDCL 23-7-63). Fingerprint-based background check, no course. It is not named in the capitol or campus provisions.

An expired permit carries a thirty-day grace period for continued concealed carry (SDCL 23-7-8.13), unless the holder committed a disqualifying crime or applied to renew and was denied for a SDCL 23-7-7.1 reason (SDCL 23-7-8.14). Revocation runs on two tracks, split by mechanism rather than by permit tier. The first needs a court: a permit to carry a concealed pistol is revoked by circuit court order after a show cause hearing, which a prosecuting attorney may bring on a law enforcement officer's application, and the holder then surrenders the permit to the sheriff of the county in which he resides (SDCL 23-7-8.4). Unless a section says otherwise, SDCL 23-7-57 carries that track across the enhanced and gold card permits too, so it is not limited to the regular permit. That is not the only way a court reaches a permit: SDCL 25-10-24 lets a court require a defendant to surrender any dangerous weapon or any concealed pistol permit issued under chapter 23-7 in the defendant's possession to local law enforcement. See RED_FLAG. The second track skips the hearing and runs only on the gold card and enhanced permits: they revoke automatically when the holder stops meeting SDCL 23-7-7.1, or becomes prohibited from receiving, possessing, or transporting a firearm by state law or by 18 U.S.C. 922(g) or 922(n) (SDCL 23-7-64), and must be returned to the sheriff at once. It is a Class 1 misdemeanor for anyone who is ineligible to hold a gold card or enhanced permit to possess or present a revoked one (SDCL 23-7-65).

None of these carry provisions attaches a duty to announce that you are armed. See DUTY_TO_INFORM for that question, PERMIT_BASICS and APPLICATION_PROCESS for how each tier is obtained, and RECIPROCITY for travel.

Offense reference

Former offenses

Two statute numbers a reader may still meet are dead. SDCL 32-20-6.6 and SDCL 32-20A-11 were both repealed by SL 2020, ch 121, secs. 1 and 2. Any guide that still cites either as a live carry restriction is citing dead law.

Before you rely on this

Check the current text at sdlegislature.gov before you rely on any of this in class.

South Dakota Concealed Carry - Training Requirements

Overview

South Dakota is a constitutional carry state as of July 1, 2019 (SL 2019, ch 113). No permit or training is required for any person who may lawfully possess a firearm to carry it concealed. However, South Dakota offers optional permit types - a Regular Permit and an Enhanced Permit - that provide additional reciprocity benefits with other states. Only the Enhanced Permit requires training.

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Regular Permit - No Training Required

The regular concealed pistol permit (SDCL Section 23-7-7.1) does not require any firearms training or live fire qualification. Applicants must meet eligibility criteria (age, residency, background check) but no coursework is mandated.

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Enhanced Permit - Training Required

Qualifying Handgun Course (SDCL Section 23-7-58)

Applicants for an enhanced permit must provide proof of having successfully completed a qualifying handgun course within the preceding twelve months (SDCL Section 23-7-53).

The qualifying handgun course must be taught by a National Rifle Association (NRA) certified instructor who also holds a current certificate of completion from the South Dakota Division of Criminal Investigation (DCI) on the use of force.

The course must include instruction in all four of the following areas:

1. South Dakota law relating to firearms and the use of force
2. Basic concepts of the safe and responsible use of handguns
3. Self-defense principles
4. Live fire training including the firing of at least 98 rounds of ammunition by the student

Source: SDCL Section 23-7-58 (SL 2015, ch 137, Section 6)

Key Restrictions

• Online courses are NOT accepted. Per SDCL Section 23-7-58, an applicant must complete the Enhanced Permit Handgun Course with a certified instructor in person.
• Out-of-state training courses are NOT accepted. A South Dakota training course must be completed. (SD Secretary of State FAQ)

Law Enforcement Alternative

In lieu of the qualifying handgun course, a current or former South Dakota law enforcement officer may qualify by presenting proof of having qualified or requalified on a certified shooting course administered by a firearms instructor approved by the Law Enforcement Officers Standards Commission within the preceding twelve months (SDCL Section 23-7-53(4)(b)).

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Enhanced Permit Renewal - Training Required

Renewal Period (SDCL Section 23-7-56)

The renewal window begins twelve months before the permit expires and ends thirty days after the permit expires. If renewal is not completed within this window, the permit becomes invalid and the holder must submit a full new application under Section 23-7-53.

Renewal Training Requirements

To renew an enhanced permit, the holder must:

1. Pass a criminal background check (online records + NICS)
2. Present proof of completing the following during the renewal period:
   • Live fire component of a qualifying handgun course (as defined in Section 23-7-58)
   • Instruction regarding use of force standards
   • Instruction regarding relevant criminal statutory changes

OR present proof as a current or former law enforcement officer who qualified or requalified on a certified shooting course within the 12-month period preceding the expiration date.

Source: SDCL Section 23-7-56 (as amended through SL 2024, ch 91, Section 1)

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Use of Force Instructor Certification (SDCL Section 23-7-59)

The DCI is required to offer a use of force course at least once every six months, open to NRA certified pistol instructors. This course certifies instructors to teach the enhanced permit handgun course.

Instructor Requirements (ARSD 2:01:17)

To attend the DCI use of force course, a person must:

1. Be currently certified as an NRA handgun instructor
2. Hold a valid South Dakota concealed weapons permit or be a current or retired law enforcement officer in good standing
3. Have fingerprints taken by a qualified law enforcement agency
4. Be of good moral character

Course Details

• Duration: 8 hours
• Location: Mickelson Criminal Justice Training Center, Pierre, SD
• Cost: $150 per applicant (fee cap set by SDCL Section 23-7-59)
• Class size: Maximum of 20 students
• Required documents: Training application + Authorization and Release Form + fingerprint cards

The current list of certified Enhanced Concealed Pistol Use of Force Instructors is maintained by the SD Secretary of State (SDCL Section 23-7-59).

Sources: SDCL Section 23-7-59; SD Attorney General - Law Enforcement Training; SD Secretary of State

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Age Requirements for Enhanced Permit (SDCL Section 23-7-54.2)

A holder of a restricted enhanced permit who reaches age 21 may request an unrestricted enhanced permit from the Secretary of State at no additional cost (SDCL Section 23-7-54.4).

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Enhanced Permit Duration

An enhanced permit is valid for five years and is only valid if carried with a government-issued photo identification (SDCL Section 23-7-55).

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Special Context: State Capitol Carry

Enhanced permit holders may carry a concealed pistol in the South Dakota State Capitol (excluding the Supreme Court chamber and certain access-controlled offices) provided they:

1. Hold a valid enhanced permit issued under Section 23-7-53
2. Notify the superintendent of the Division of Highway Patrol at least 24 hours prior to initially entering the capitol with a concealed pistol (orally or in writing)
3. Specify the date or range of dates (not extending beyond December 31 of each year); notification may be renewed without limit

Source: SDCL Section 22-14-24(5) (SL 2020, ch 80, Section 1)

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Contact Information

• Concealed Pistol Permits: SD Secretary of State - sdsos.gov
• Use of Force Training / Instructor Certification: SD Division of Criminal Investigation - (605) 773-3331 - Coordinator: Art Aplan (605) 773-8457
• Training Calendar: atg.sd.gov/LawEnforcement/training/calendar.aspx

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Key Statutes

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Note: South Dakota enacted constitutional carry effective July 1, 2019 (SL 2019, ch 113), repealing former SDCL Section 22-14-9 through 22-14-11 which had previously required a permit to carry a concealed pistol. Training is now only required for the optional enhanced permit, which provides broader reciprocity and additional carry privileges (e.g., state capitol carry).

You apply at the sheriff's office in the county where you live

SDCL 23-7-7 provides that a permit "must be issued to any applicant by the sheriff of the county in which the applicant resides," that it is valid throughout the state, and that it issues pursuant to SDCL 23-7-7.1. Before issuing, the sheriff "shall execute, and the applicant shall pass, a background investigation, including a computer check of available on-line records and a check utilizing the National Instant Criminal Background Check System." A permit to carry a concealed pistol is valid for five years from the date of issuance (SDCL 23-7-8.2).

What the application form itself has to contain

SDCL 23-7-8 covers the form for all three permits. It is filed "either electronically or in triplicate on a form prescribed by the secretary of state," and it must require:

• Complete name, address, and occupation
• Place and date of birth, and country of citizenship
• A physical description
• A statement that you have never pled guilty to, nolo contendere to, or been convicted of a crime of violence
• A sworn statement that the information on the application is true and correct
• Your signature
• If you are not a United States citizen, any alien or admission number issued by the United States Bureau of Immigration and Customs Enforcement

That is all SDCL 23-7-8 requires the form to collect. A county checklist can be longer, so treat the sheriff's office as the authority on what to bring and the statute as the authority on what the law requires.

Filed in triplicate, the original is "delivered to the applicant as the temporary permit," the duplicate goes "within seven days" by first class mail to the secretary of state, "who shall issue the official permit," and the triplicate is preserved for five years by the issuing authority. Filed electronically, two signed copies are made, one going to you as the temporary permit and one preserved for five years. SDCL 23-7-8.10 bars any state agency or political subdivision, and their officials, agents, and employees, from knowingly releasing or permitting access to any application, list, record, or registry of applicants or holders of permits to carry a concealed pistol, except to another law enforcement agency or the secretary of state, and SDCL 23-7-8.7 makes the preserved triplicate an exception to the no-registry rule in SDCL 23-7-8.6.

The regular permit: ten criteria and a five-day clock

SDCL 23-7-7.1 requires the sheriff to issue a temporary permit "within five days of application" if you:

1. Are eighteen years of age or older
2. Have never pled guilty to, nolo contendere to, or been convicted of a felony or a crime of violence (defined at SDCL 22-1-2(9))
3. Are not habitually in an intoxicated or drugged condition
4. Have no history of violence
5. Have not been found in the previous ten years to be a danger to others or a danger to self as defined in SDCL 27A-1-1, or are not currently adjudged mentally incompetent
6. Have physically resided in and are a resident of the county where the application is being made for at least thirty days immediately preceding the date of the application
7. Have had no violation of chapter 23-7, 22-14, or 22-42 constituting a felony or misdemeanor in the five years preceding the date of application, or are not currently charged under indictment or information for such an offense
8. Are a citizen or legal resident of the United States
9. Are not a fugitive from justice
10. Are not otherwise prohibited by state law, by 18 U.S.C. 922(g) as amended to October 26, 2005, or by 18 U.S.C. 922(n) as amended to October 26, 2005, from receiving, possessing or transporting a firearm, and pass a National Instant Criminal Background Check

Two statutes bend those rules. Under SDCL 23-7-7.5, active duty military personnel and their spouses with a home of record in South Dakota are considered to have met subdivision (6). Where the background investigation requires an international criminal history check through INTERPOL, SDCL 23-7-7.6 displaces the five-day rule: the sheriff issues the temporary permit "within three business days of receiving a response from INTERPOL" if the applicant otherwise qualifies.

The Secretary of State issues the permanent card

The temporary permit is the sheriff's document; the official permit is the Secretary of State's. SDCL 23-7-8.1 requires each permit to list the holder's name, address, expiration date, and issuance date, and requires enhanced and gold card permits to say on their face which one they are.

The Secretary of State's application page describes the seven-day step as a copy of the temporary permit sent after issuance, which reads differently from the statute's text about the duplicate application. The Minnehaha County sheriff separately tells applicants the card arrives from Pierre within 30 days. That is county guidance about practice; no statute in chapter 23-7 fixes a delivery time for the permanent card.

Enhanced permits add fingerprints and a course

SDCL 23-7-53 requires an enhanced applicant to file with the same county sheriff an application including a copy of the applicant's fingerprints for FBI submission "for a state, national, and international criminal background check," an authorization to run a fingerprint background check, and proof of either a qualifying handgun course under SDCL 23-7-58 completed within the preceding twelve months, or current or former law enforcement status with a qualification in that period on a certified shooting course administered by a firearms instructor approved by the Law Enforcement Officers Standards Commission. If the sheriff takes the fingerprints, "the sheriff shall secure the fingerprints at no additional charge to the applicant." The sheriff forwards the fingerprints, the authorization, and the payment to the Division of Criminal Investigation. Course content belongs to the training section; costs to the fees section.

Under SDCL 23-7-54 the sheriff holds the application until the results come back, files it with the secretary of state within seven days of confirmation that the applicant passed each check, and issues a temporary enhanced permit "within thirty days of application" to an applicant who also meets SDCL 23-7-7.1, is not prohibited by state law or by 18 U.S.C. 922(g) or 922(n) as amended to October 26, 2005, and passes both the fingerprint background check and NICS. The temporary permit must clearly designate that it is enhanced. An enhanced permit runs five years and, per SDCL 23-7-55, "is only valid if carried with a government issued form of identification that includes a picture of the permit holder."

SDCL 23-7-54.2 sets the enhanced age floor at twenty-one and creates the restricted enhanced permit: an applicant aged eighteen to twenty who meets SDCL 23-7-53 and 23-7-54 and any other specified requirements, on approval of the sheriff, "shall be issued a temporary restricted enhanced permit" designated for that age band. On turning twenty-one, a holder of an unexpired restricted enhanced permit may request an unrestricted enhanced permit from the secretary of state in writing, issued at no additional cost (SDCL 23-7-54.4).

Gold card permits: fingerprints without the course

SDCL 23-7-60 requires a gold card applicant to submit to the sheriff a copy of fingerprints for the same state, national, and international background check, plus an authorization to run a criminal background check, which the sheriff forwards to the Division of Criminal Investigation. Unlike SDCL 23-7-53, this section names no handgun course, carries no clause requiring a sheriff who takes the fingerprints to secure them at no additional charge, and does not mention forwarding a payment. SDCL 23-7-61 then mirrors SDCL 23-7-54: the sheriff holds the file, files it with the secretary of state within seven days of confirmation, and issues a temporary gold card permit "within thirty days of application," clearly designated as such. SDCL 23-7-63 sets the term at five years.

Renewal windows differ by permit type

All three renew through the sheriff of the county where you reside.

• Regular: the window begins ninety days before expiration, and the holder must pass the SDCL 23-7-7 background investigation, meaning the online records check and NICS (SDCL 23-7-8.11).
• Enhanced: the window "begins twelve months before the permit expires and ends thirty days after the permit expires." You pass the online records check and NICS, and show either that during the window you completed the live fire component of a qualifying handgun course, received use of force instruction and instruction on relevant criminal statutory changes, or that you are a current or former law enforcement officer who qualified on an approved shooting course within the twelve months before expiration. Miss the window and "the permit is deemed to be invalid," requiring a fresh SDCL 23-7-53 application (SDCL 23-7-56).
• Gold card: the window begins one hundred eighty days before expiration and ends thirty days after, on the same online records check and NICS (SDCL 23-7-62).

The statutes do not say whether a restricted enhanced permit can be renewed under SDCL 23-7-56; SDCL 23-7-54.1 and 23-7-54.3 are repealed, and the only route chapter 23-7 supplies is the SDCL 23-7-54.4 conversion at twenty-one, so ask the issuing sheriff's office.

SDCL 23-7-8.13 gives every chapter 23-7 permit holder a thirty-day grace period after expiration, during which the holder may continue to carry a concealed pistol. SDCL 23-7-8.14 withholds that grace from a holder who committed a crime that would make gun ownership or possession unlawful, or who applied to renew and was denied for an SDCL 23-7-7.1 reason.

Under SDCL 23-7-8.12, a South Dakota resident who is a member of a state National Guard unit, the Armed Forces, or the Armed Forces Reserves and whose regular permit expires during an active duty military assignment or deployment outside the state may request a renewal form from the Secretary of State and mail it, with deployment documentation, a commanding officer's affidavit, and a copy of a current photo ID, to the sheriff of the county of residence. The sheriff runs the background investigation within five days of receipt, and the ink signature on the form serves as the temporary permit signature.

Denials, revocation, and getting a permit back

A person denied a permit "may appeal to the circuit court pursuant to chapter 1-26" (SDCL 23-7-7.1). SDCL 23-7-7.1 sets no filing steps or deadlines of its own, so read chapter 1-26 or ask the clerk of the circuit court rather than assuming one.

Revocation runs on two tracks. SDCL 23-7-8.4 lets a prosecuting attorney, on a law enforcement officer's application, ask the circuit court for an order to show cause why a person's permit to carry a concealed pistol should not be revoked; after a hearing and an order, the holder surrenders it to the sheriff of the county of residence. Unless otherwise specified, SDCL 23-7-57 extends the chapter's references, rights, and responsibilities for a permit to carry a concealed pistol to enhanced and gold card permits, so that track is not limited to the regular permit. Enhanced and gold card permits are separately "automatically revoked" on failure to maintain the SDCL 23-7-7.1 requirements, or on becoming prohibited by state law, or by 18 U.S.C. 922(g) or 922(n) as amended to October 26, 2005, from receiving, possessing, or transporting a firearm, and the holder must immediately return the card to the county sheriff (SDCL 23-7-64). Where a conviction triggers that automatic revocation, SDCL 23-7-66 requires the convicting court to order the surrender to the court of all gold card and enhanced permits the person holds and to forward them to the sheriff of the defendant's county of residence. SDCL 23-7-64 also lets a gold card or enhanced permit holder whose permit has been secured by law enforcement under that section petition the circuit court for its return, if the holder believes it was unlawfully secured. Possessing or presenting a revoked enhanced or gold card permit while ineligible is a Class 1 misdemeanor (SDCL 23-7-65), as is refusing to surrender one on lawful demand (SDCL 23-7-67). Under SDCL 22-6-2 that means up to one year in county jail or a two thousand dollar fine, or both.

Lying on the application is a Class 6 felony

SDCL 23-7-12 makes it an offense for any person, "in purchasing or otherwise securing delivery of a pistol or in applying for a permit to carry a concealed pistol," to give false information or offer false evidence of identity. A violation is a Class 6 felony, which under SDCL 22-6-1(9) authorizes two years imprisonment in a state correctional facility or a four thousand dollar fine, or both. This is the only false-statement offense in chapter 23-7.

The Secretary of State's application page and the Pennington County sheriff's page both describe this offense as carrying a two thousand dollar fine. The statute controls.

Changing your name or address

SDCL 23-7-69 requires a permit holder to keep the permit current by notifying the secretary of state in writing of a name change due to marriage or court order, or a change of physical address. If the new address is in South Dakota, the secretary of state must provide a new permit. The section also allows a permit showing an out-of-state address in two situations: an active duty service member or spouse with a South Dakota home of record, and a holder living in South Dakota whose official postal address is in a bordering county of another state. The Secretary of State's replacement page takes these requests by mail at 500 East Capitol Ave, Pierre, SD 57501 or by email to pistolpermit@state.sd.us.

Where agency and county pages disagree with the statute

Minnehaha County attributes enhanced permit requirements to SDCL 23-7-7.3, the attorney general's reciprocity comparison statute, and the restricted enhanced permit to the repealed SDCL 23-7-7.4; the current authorities are SDCL 23-7-53 and SDCL 23-7-54.2. That page also lists a 180-day enhanced renewal window, while SDCL 23-7-56 sets twelve months. Pennington County states a four-year permit term, while SDCL 23-7-8.2, 23-7-55, and 23-7-63 all set five years.

The Secretary of State's FAQ says it is "ultimately up to the sheriff's office whether or not they should issue you a concealed carry permit." SDCL 23-7-7 says a permit "must be issued to any applicant" meeting SDCL 23-7-7.1, and a denied applicant has an appeal to circuit court. Where an agency page and the statute diverge, apply the statute and raise the discrepancy with the office handling your application.

Fees and Costs

South Dakota does not charge you a state fee for a concealed pistol permit. No provision of chapter 23-7 sets an application fee or a renewal fee for the regular permit, the enhanced permit, or the gold card permit, and the Secretary of State's permit pages publish no price for any of the three. The one section in chapter 23-7 that prices a permit, SDCL 23-7-72, runs the opposite direction: it makes the Office of the Secretary of State pay the counties for permits the counties issue.

So the money question in South Dakota is not "what does the permit cost." It is "what do the steps around the permit cost." For the regular and gold card permits that list is short. For the enhanced permit it is dominated by one item the state does not price at all: the qualifying handgun course, which you buy from a private instructor.

SDCL 23-7-72 pays counties, it does not bill applicants

The Secretary of State reimburses each county based on the number of concealed carry permits the county issued during the year. The amounts are fixed by statute:

Those six amounts are the enumerated list in SDCL 23-7-72. Read them as a transfer between two units of government. Nothing in that section authorizes a sheriff to collect the same amount from you, and nothing in it caps what a county may charge.

The mechanics matter if a sheriff's office tells you a payment is "the state fee." Reimbursement is annual, not per transaction. Counties report their permit counts to the Secretary of State on a form the office provides, the form is due on or before January thirty-first, and the office pays the counties on or before March thirty-first. Only permits issued on or after July 1, 2022 are eligible. SDCL 23-7-72 was enacted by SL 2022, ch 70.

The regular permit: sheriff, background check, no statutory charge

You apply to the sheriff of the county where you live. Before issuing, the sheriff runs a background investigation that includes a computer check of available online records and a check through the National Instant Criminal Background Check System. That duty sits on the sheriff under SDCL 23-7-7, which attaches no charge to it. The application form itself is prescribed by the Secretary of State under SDCL 23-7-8, again with no fee named.

Renewal works the same way. Under SDCL 23-7-8.11 you renew through your county sheriff starting ninety days before expiration, and you pass the same background investigation. No renewal fee appears in that section either.

Practical guidance: ask the sheriff's office what, if anything, it collects at the counter. Chapter 23-7 does not set that number, so the sheriff's office is the only place it can be answered accurately.

The enhanced permit: the training is the real cost

Two paid steps sit in front of an enhanced permit. Apart from one no-charge protection in SDCL 23-7-53, no statute or rule sets what an applicant pays for either one.

Fingerprinting. SDCL 23-7-53 requires your application to include a copy of your fingerprints for submission to the FBI for a state, national, and international criminal background check, plus an authorization to run a fingerprint background check. The same section adds a protection worth knowing: if the sheriff takes the fingerprints, the sheriff must secure them "at no additional charge to the applicant." The sheriff then forwards the fingerprints, the authorization, and "the payment for the criminal background check" to the Division of Criminal Investigation. SDCL 23-7-53 does not state the size of that payment or say who hands it over, so treat the amount as a question for your sheriff rather than something you can look up in the code.

The qualifying handgun course. SDCL 23-7-58 defines it as any handgun course taught by a National Rifle Association certified instructor who also holds a current certificate of completion from the South Dakota Division of Criminal Investigation on the use of force. The course must cover South Dakota firearms and use of force law, safe and responsible handgun use, self-defense principles, and live fire training including the firing of at least ninety-eight rounds of ammunition by the student. The Secretary of State publishes the current list of Enhanced Concealed Pistol Use of Force Instructors.

What that course costs is set by the individual instructor. No statute or rule caps the tuition an enhanced permit applicant pays, so any single number quoted as "the South Dakota course price" is one instructor's price, not a rule. Call two or three instructors on the current roster and compare. Ask each one specifically whether ammunition, range time, and a rental pistol are included, because the ninety-eight round live fire minimum is a real consumable cost and instructors handle it differently.

The $150 course fee is the instructor's cost, not yours

Read this figure carefully, because it sits one party away from where a student would expect it. SDCL 23-7-59 directs the Division of Criminal Investigation to offer a use of force course open to NRA certified pistol instructors, and to promulgate rules that "establish a course fee not to exceed one hundred fifty dollars." The rule implementing it, ARSD 02:01:18:06, sets the amount: an applicant attending the use of force training course pays Law Enforcement Training a fee of $150.00.

The applicant in that sentence is the instructor seeking certification, not the student seeking a permit. The course runs at least eight hours, is held at the criminal justice training center in Pierre unless the executive secretary directs otherwise, and its certificate is what qualifies an instructor to teach your qualifying handgun course. Do not budget $150 as your enhanced permit training cost. It is a business expense on the instructor's side of the transaction.

The gold card permit: fingerprints, and a statute that is quieter about payment

SDCL 23-7-60 requires the same fingerprint submission for a state, national, and international criminal background check, plus an authorization to run a criminal background check, and directs the sheriff to forward both to the Division of Criminal Investigation. No qualifying handgun course is required, which removes the enhanced permit's largest expense.

One drafting difference deserves attention. SDCL 23-7-60 contains neither of the two payment clauses that appear in SDCL 23-7-53: there is no sentence directing that fingerprints taken by the sheriff be secured at no additional charge, and no sentence about forwarding a payment for the criminal background check. Ask your sheriff's office what it charges to print a gold card applicant before you assume the enhanced permit's no-charge language reaches you.

DCI's published $50 and $30 background check prices are a different service

The Division of Criminal Investigation's fingerprint background check page lists $50.00 for a Request for Agency/State and FBI and $30.00 for Personal/State only, payable by credit card or bank account, with no refunds. That page routes permit applicants away from those products in one line: "For Pistol Permits: please contact your local sheriff's office." The same page also warns that "Other fingerprinting fees may apply" at the livescan location that captures your prints. Neither figure is a published price for a permit fingerprint check, so do not carry them into your permit budget.

Renewal costs by tier

• Regular. Renew through your county sheriff beginning ninety days before expiration, passing the background investigation required under SDCL 23-7-7. SDCL 23-7-8.11 sets no fee.
• Gold card. Renew through your county sheriff beginning one hundred eighty days before expiration and ending thirty days after it. You must pass a criminal background check consisting of a computer check of available online records and a NICS check. SDCL 23-7-62 sets no fee and requires no course.
• Enhanced. The renewal period begins twelve months before expiration and ends thirty days after it. Beyond the background check, SDCL 23-7-56 requires proof that during the renewal period you completed the live fire component of a qualifying handgun course and received instruction on use of force standards and on relevant criminal statutory changes. That is a paid trip back to an instructor, priced by the instructor. A current or former law enforcement officer may instead show that within the twelve months before expiration the officer qualified or requalified on a certified shooting course administered by a firearms instructor approved by the Law Enforcement Officers Standards Commission.

Missing the enhanced renewal window has a price attached. Under SDCL 23-7-56, a permit not renewed within the period is deemed invalid, and getting an enhanced permit afterward means a fresh application meeting every requirement of SDCL 23-7-53. For an applicant who must satisfy SDCL 23-7-53(4) with a fresh qualifying handgun course, late is not a late fee. It is buying the whole course again. A current or former law enforcement officer may satisfy SDCL 23-7-53(4) instead with a certified shooting course qualification or requalification from the preceding twelve months, administered by a firearms instructor approved by the Law Enforcement Officers Standards Commission.

Replacements, name changes, and turning twenty-one

SDCL 23-7-69 requires you to notify the Secretary of State in writing of a name change by marriage or court order, or of a change in physical address, and provides that if the revised address is in South Dakota the Secretary of State must provide a new permit. The section names no charge for that new permit. The Secretary of State's replacement page accepts the request by mail to the Pierre office or by email to the permits address, asks for name, date of birth, mailing and physical address, and the update needed, and lists no payment step.

A holder of an unexpired restricted enhanced permit who reaches twenty-one may request an unrestricted enhanced permit in writing from the Secretary of State. SDCL 23-7-54.4 says that permit "shall be issued at no additional cost."

Where the state's own pages and the current code diverge

The Secretary of State's South Dakota Firearm Handbook dated July 2026 collects these statutes in one document, and it is accurate on SDCL 23-7-72 and on the $150.00 use of force training fee. Two divergences are worth checking against the code before you rely on either the handbook or the permit pages.

It reproduces SDCL 23-7-54.1 in full, including that section's line that "No additional charge may be imposed for a reissuance under this section." It reproduces SDCL 23-7-54.3 as well. Both sections now read "Repealed" on the legislature's site, repealed by SL 2023, ch 77. A no-charge guarantee in a repealed section is not one you can hold anyone to.

The handbook is right on this one. The Secretary of State's application page, and at least one county sheriff's permit page, describe giving false information or false evidence of identity when applying for a permit as a Class 6 felony punishable by up to two years imprisonment "or a fine of two thousand dollars." SDCL 23-7-12 grades that offense as a Class 6 felony without stating a number, and SDCL 22-6-1 sets the Class 6 felony penalty at two years imprisonment in a state correctional facility or a fine of four thousand dollars, or both. The handbook prints the four thousand dollar figure. The statute controls.

Carrying without a permit costs nothing

South Dakota residents and nonresidents who may lawfully possess a pistol are not required to hold a permit to carry a concealed pistol in the state, and SDCL 23-7-7 says plainly that issuing permits "does not impose a general prohibition on the carrying of a pistol without a permit." The offense that once punished unpermitted concealed carry, SDCL 22-14-9, was repealed by SL 2019, ch 113. If you never leave South Dakota and never need to carry in the state capitol, your out of pocket cost to carry concealed is zero.

People still buy in for reasons a fee schedule will not show you. Recognition and reciprocity in other states differ by permit type. The exception in SDCL 22-14-24 that lets an ordinary citizen carry a concealed pistol in the state capitol, outside the Supreme Court chamber and access-controlled private offices under security supervision, is available only to a holder of an enhanced permit who has notified the superintendent of the Division of Highway Patrol at least twenty-four hours before first entering. Weigh the course tuition against those, not against a permit fee that does not exist.

Costs that appear only when something goes wrong

Chapter 23-7 also attaches money to things going wrong. These are consequences, not application costs.

Under SDCL 23-7-67, refusing to surrender a revoked gold card or enhanced permit to your county sheriff on lawful demand is a Class 1 misdemeanor, punishable under SDCL 22-6-2 by one year in a county jail or a two thousand dollar fine, or both. If the sheriff must send an officer to recover the permit, that officer receives ten dollars and fifty cents plus mileage at the rate set under SDCL 3-9-1, paid by the violator. Failing to pay that fee and mileage is itself a Class 2 misdemeanor, which SDCL 22-6-2 punishes by thirty days in a county jail or a five hundred dollar fine, or both.

Under SDCL 23-7-12, giving false information or false evidence of identity when applying is a Class 6 felony, punished under SDCL 22-6-1 by two years imprisonment in a state correctional facility or a four thousand dollar fine, or both.

Verify before you pay

Amounts collected at a county counter are not published in chapter 23-7, and no statute or administrative rule sets what an instructor may charge for the qualifying handgun course. Two phone calls settle a South Dakota permit budget: the sheriff in the county where you have resided for the last thirty days, for anything charged at intake and for fingerprinting, and an instructor from the Secretary of State's current enhanced roster, for course tuition and whether ammunition is included.

South Dakota Concealed Carry Permit Renewal Process

Overview

South Dakota issues three types of concealed pistol permits - Regular, Gold Card, and Enhanced - each valid for five years. All permits are renewed through the sheriff of the county where the permit holder resides. South Dakota is a permitless (constitutional) carry state, meaning residents who may lawfully possess a pistol are not required to hold a permit to carry concealed (SDCL Section 23-7-7); however, permits remain valuable for reciprocity with other states and, in the case of the Enhanced permit, for carrying in the state capitol.

Renewal Windows by Permit Type

Regular Permit

• Renewal window: Beginning 90 days before the permit expires
• Statute: SDCL Section 23-7-8.11
• Requirements: Pass a background investigation including a computer check of available online records and the National Instant Criminal Background Check System (NICS)

Gold Card Permit

• Renewal window: Beginning 180 days before the permit expires and ending 30 days after the permit expires
• Statute: SDCL Section 23-7-62
• Requirements: Pass a criminal background check consisting of a computer check of available online records and a NICS check

Enhanced Permit

• Renewal window: Beginning 12 months (365 days) before the permit expires and ending 30 days after the permit expires
• Statute: SDCL Section 23-7-56 (most recently amended by SL 2024, ch 91, Section 1)
• Requirements:
  1. Pass a criminal background check consisting of a computer check of available online records and a NICS check; and
  2. Present proof that during the renewal period the applicant:
     • Successfully completed the live fire component of a qualifying handgun course as defined in SDCL Section 23-7-58;
     • Received instruction regarding use of force standards; and
     • Received instruction regarding relevant criminal statutory changes
  • Alternative for law enforcement: A current or former law enforcement officer may instead present proof of qualifying or requalifying on a certified shooting course administered by a firearms instructor approved by the Law Enforcement Officers Standards Commission, within the 12-month period preceding the permit's expiration date

Important: If a person fails to renew an enhanced permit during the renewal period, the permit is deemed invalid. To obtain an enhanced permit thereafter, the person must submit a new application and meet all initial requirements under SDCL Section 23-7-53.

Qualifying Handgun Course (Enhanced Renewal)

Per SDCL Section 23-7-58, the qualifying handgun course must be taught by a National Rifle Association certified instructor who also holds a current certificate of completion from the South Dakota Division of Criminal Investigation on the use of force. The course must include:

1. South Dakota law relating to firearms and the use of force
2. Basic concepts of the safe and responsible use of handguns
3. Self-defense principles
4. Live fire training including the firing of at least 98 rounds of ammunition by the student

A current list of certified Enhanced Use of Force Instructors is maintained by the Secretary of State's office.

30-Day Grace Period

Per SDCL Section 23-7-8.13, upon expiration of any concealed pistol permit issued under Chapter 23-7, the permit holder has a 30-day grace period to renew the permit. During this grace period, the permit holder may continue to carry a concealed pistol; however, law enforcement may issue a warning ticket to notify the holder of the expired status.

Grace Period Exceptions (SDCL Section 23-7-8.14)

The 30-day grace period does not apply to:

• Any permit holder who committed a crime that would make it unlawful for the holder to own or possess a gun
• Any permit holder who attempted to renew but was denied renewal for a reason provided in SDCL Section 23-7-7.1

Where to Renew

All permits are renewed in person at the sheriff's office of the county where the permit holder resides. Contact information for local sheriffs can be found through the South Dakota Sheriffs' Association.

Renewal Fees

SDCL Section 23-7-72 establishes county reimbursement amounts from the Secretary of State's office for permits issued:

Note: Actual fees charged to applicants at the county level may vary. Contact your local sheriff's office for current fee information.

Military Service Member Renewal (SDCL Section 23-7-8.12)

South Dakota residents holding a regular concealed carry permit who are members of a National Guard unit, Armed Forces, or Armed Forces Reserves and whose permit expires during an active duty assignment or deployment outside their state of residence may renew by mail. The process requires:

1. Request a renewal application from the Office of the Secretary of State
2. Submit the application accompanied by:
   • Documentation of the deployment (including dates and location if available)
   • An affidavit signed by the commanding officer or unit commander attesting to the holder's identity and inability to return to the state
   • A copy of a current, valid government-issued photo ID
3. Mail the application with original ink signatures to the sheriff in the holder's county of residence
4. The sheriff must conduct the background investigation within five days of receipt

Address or Name Changes (SDCL Section 23-7-69)

Permit holders must notify the Secretary of State in writing of any change in:

• Name (due to marriage or court order)
• Physical address

If the revised address remains within South Dakota, the Secretary of State will issue a new permit reflecting the updated information.

Permit Revocation and Eligibility

Gold Card and Enhanced permits are automatically revoked if the holder fails to maintain the requirements under SDCL Section 23-7-7.1 or becomes prohibited from possessing a firearm under state or federal law (SDCL Section 23-7-64). Upon revocation, the permit holder must immediately return the permit to the county sheriff. Law enforcement may periodically perform NICS checks on Gold Card and Enhanced permit holders to verify continued eligibility (SDCL Section 23-7-68).

Key Statutes Reference

Recent Legislative Activity

• SL 2024, ch 91, Section 1 - Amended SDCL Section 23-7-56 (Enhanced permit renewal requirements)
• SL 2023, ch 74 - Amended SDCL Section 23-7-56 and Section 23-7-62 (renewal provisions for enhanced and gold card permits)
• SL 2025, ch 86 - New law permitting enhanced permit holders to carry concealed pistols at technical colleges (SDCL Section 13-39A-43), effective 2025

This information is current as of April 2026 based on official South Dakota government sources. Laws are subject to change. Consult the South Dakota Legislature website (sdlegislature.gov) or the Secretary of State's office (sdsos.gov) for the most current statutes.

Prohibited Places - South Dakota Concealed Carry

South Dakota law designates specific locations where firearms possession is restricted or prohibited. South Dakota adopted constitutional (permitless) carry in 2019 for individuals 18 and older, and also issues regular, enhanced, and gold card concealed pistol permits under SDCL Chapter 23-7. The enhanced permit provides additional carry privileges in certain restricted locations.

Disclaimer: This content is for informational purposes and does not constitute legal advice. Laws change frequently - always verify current statutes at sdlegislature.gov.

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1. Public Elementary and Secondary Schools

Statute: SDCL Section 13-32-7

Prohibition: It is a Class 1 misdemeanor to intentionally carry, possess, store, keep, leave, place, or put into the possession of another person any dangerous weapon, firearm, or air gun on or in any public elementary or secondary school premises, vehicle, or building, or on or in any premises, vehicle, or building used or leased for public elementary or secondary school functions.

Exceptions:

• Law enforcement officers
• School sentinels who have completed training under SDCL Chapter 13-64
• Individuals age 21+ who hold an enhanced concealed pistol permit AND have written permission from the school principal or person with general control of the building/grounds
• Any concealed pistol permit holder while inside a motor vehicle on school premises, or outside the vehicle while securing/retrieving a pistol from the vehicle
• Starting guns at athletic events
• Firearms/air guns at firing ranges, gun shows, or supervised school training sessions
• Ceremonial unloaded weapons at color guard ceremonies
• Nonpublic (private) schools
• Churches or other houses of worship
• Nonpublic schools located on church/house of worship premises

Recent Amendment: SL 2025, ch 83, Section 1 (effective 2025)

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2. County Courthouses

Statutes: SDCL Section 22-14-22 through 22-14-28

Definition (Section 22-14-22): "County courthouse" means any building occupied for the public sessions of a circuit court, with its various offices, including any building appended to or used as a supplementary structure to a county courthouse.

Prohibition (Section 22-14-23): It is a Class 1 misdemeanor to knowingly possess or cause to be present any firearm or other dangerous weapon in any county courthouse.

Important - Concealed pistol permit is NOT a defense (Section 22-14-27): A defendant may not claim as a defense that they held a permit to carry a concealed pistol.

Exceptions (Section 22-14-24):

• Law enforcement officers and government officials authorized by law to carry
• Judges and magistrates
• Federal or state officials or armed services members authorized by law
• County or state employees assigned to work in the courthouse (except in areas under Unified Judicial System supervision)
• Lawful carrying incident to hunter safety, gun safety courses, or other lawful purposes

County Commission Waiver (Section 22-14-28): A county commission may, by majority of members-elect, waive the courthouse prohibition entirely. This waiver supersedes the county employee exception.

Notice (Section 22-14-26): Prohibition must be posted conspicuously at each public entrance.

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3. State Capitol

Statutes: SDCL Section 22-14-22 through 22-14-28

Definition (Section 22-14-22): "State capitol" includes any building appended to or used as a supplementary structure to the state capitol.

Prohibition (Section 22-14-23): Same as courthouses - Class 1 misdemeanor to possess firearms or dangerous weapons in the state capitol.

Exceptions (Section 22-14-24):

• Same law enforcement and government official exceptions as courthouses
• Qualified law enforcement officers or qualified retired officers under the federal Law Enforcement Officers Safety Act (LEOSA), 18 U.S.C. Section 926B-C
• Enhanced permit holders may carry concealed pistols anywhere in the state capitol EXCEPT the Supreme Court chamber and access-controlled private offices under security personnel supervision, provided:
  • The person holds an enhanced permit under Section 23-7-53
  • At least 24 hours prior to initially entering with a concealed pistol, the person notifies the Superintendent of the Division of Highway Patrol (orally or in writing)
  • Notification includes the date or range of dates (not extending beyond December 31 of each year)
  • Notification may be renewed without limit

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4. Technical Colleges (Board of Technical Education Institutions)

Statutes: SDCL Section 13-39A-43 and 13-39A-44 - NEW, enacted 2025 (SL 2025, ch 86)

General Rule (Section 13-39A-43): Neither the Board of Technical Education nor any institution under its control may restrict or limit the lawful carrying, possession, storage, or transportation of:

• A concealed pistol by any individual holding an enhanced permit, restricted enhanced permit, or reciprocal permit
• A stun gun by any individual
• Mace, pepper spray, or other chemical irritant by any individual

Limited Exceptions (Section 13-39A-44): Institutions may restrict carry only in:

1. Clearly designated areas with hazardous materials (>55 gallons flammable liquid, Category 3+ hazmat, certain gas cylinders, MRI/NMR equipment)
2. Rooms used for manufacturing or scientific research with controlled airborne particles (clean rooms)
3. Areas requiring a facility or federal security clearance
4. Buildings during special events where metal detectors and armed security personnel are present at every public entrance

Storage Requirement: When not carrying, individuals must store items in a locked case or safe.

Applies to: Lake Area Technical College, Mitchell Technical College, Southeast Technical College, Western Dakota Technical College.

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5. Public Universities (Board of Regents Institutions)

Statutes: SDCL Section 13-53-56 and 13-53-57 - NEW, enacted 2025 (SL 2025, ch 86)

The same framework as technical colleges applies to Board of Regents institutions (state universities). Enhanced permit holders may carry concealed pistols on campus with the same limited exceptions for hazardous areas, clean rooms, security clearance zones, and special events with armed security/metal detectors.

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6. State Parks and Recreation Areas

Rule: ARSD 41:03:01:16

General Rule: Uncased firearms are generally prohibited in the state park system.

Concealed Carry Exception: "A person who is allowed to legally carry a concealed pistol may carry a concealed pistol at any time." This applies to both permit holders and those carrying under constitutional carry.

Additional exceptions exist for licensed hunters during established seasons in designated areas.

GFP Regulations confirm: "A person who is legally allowed to carry a concealed pistol may carry a concealed pistol at any time" in state parks.

Specific year-round prohibitions on uncased firearms (not concealed pistols) apply in:

• All designated campgrounds
• Bear Butte State Park (east of Hwy 79)
• Beaver Creek Nature Area
• Lake Herman State Park
• Spring Creek Recreation Area
• Spirit Mound Historic Prairie
• Oahe Downstream Recreation Area (with seasonal exceptions for specific license holders)

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7. Bars and Establishments Serving Alcohol

Recent Change (2025): Governor Noem signed legislation in March 2025 allowing concealed handguns in bars and establishments that serve alcohol. Prior to this legislation, these establishments were restricted. Enhanced permit holders may now carry in these locations.

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8. Places Where Federal Law Applies

South Dakota state permits do not override federal prohibitions. Firearms remain prohibited under federal law in:

• Federal courthouses and buildings (18 U.S.C. Section 930)
• Post offices and postal facilities (39 C.F.R. Part 232)
• Military installations
• Airports (past security checkpoints, per TSA regulations)
• Indian reservations (tribal law governs; varies by tribe)
• Any property where federal law or regulation prohibits firearms

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9. Private Property

South Dakota law respects private property rights. Property owners and businesses may prohibit firearms on their premises. While there is no specific state statute criminalizing carry on posted private property (unlike some states), a person asked to leave who refuses may be subject to trespass charges.

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10. Medical Cannabis and Firearms

Statute: SDCL Section 34-20G-28.1

Medical cannabis dispensaries are required to provide notice regarding federal firearms law. Under federal law (18 U.S.C. Section 922(g)(3)), it is unlawful for any person who is an unlawful user of or addicted to a controlled substance to possess firearms. Cannabis remains a Schedule I controlled substance under federal law regardless of state medical cannabis programs. This creates a conflict where medical cannabis cardholders may be federally prohibited from possessing firearms.

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Summary Table

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Key Permit Types Referenced

• Regular Permit: Issued under SDCL Chapter 23-7; valid 5 years (Section 23-7-8.2)
• Enhanced Permit: Provides additional carry privileges (courthouses excepted, state capitol with notice, schools with written permission, colleges); issued under Section 23-7-53
• Gold Card Permit: Additional designation under Section 23-7-8.1
• Constitutional Carry: As of 2019, individuals 18+ who can legally possess a firearm may carry concealed without a permit

Recent Legislative Changes (2025)

• SL 2025, ch 83: Amended Section 13-32-7 (school firearms provisions) - updated exceptions for churches, houses of worship, and nonpublic schools on church premises
• SL 2025, ch 86: Created Section 13-39A-43/44 and 13-53-56/57 - allowed enhanced permit holders to carry at technical colleges and public universities with limited safety exceptions
• March 2025 legislation: Allowed concealed carry in bars and establishments serving alcohol

Carrying in Vehicles

General Vehicle Carry Rules

South Dakota allows both permitless open carry and permitless concealed carry for residents and non-residents who may lawfully possess a firearm. No permit is required to carry a firearm - openly or concealed - in a vehicle.

"South Dakota residents and nonresidents who may lawfully possess a pistol are not required to have a permit in order to carry a concealed pistol in the state."

• SDCL 23-7-7; SD Secretary of State

South Dakota enacted "constitutional carry" in 2019 (SL 2019, ch 113), which repealed the former prohibition on carrying a concealed weapon without a permit (former SDCL 22-14-9). There are no state-level requirements regarding loaded vs. unloaded status, locked containers, or specific placement of firearms within a vehicle for general carry.

Vehicles on School Property

Under SDCL 13-32-7, possessing a firearm on public elementary or secondary school premises or in a school vehicle is generally a Class 1 misdemeanor. However, specific exceptions exist for permit holders in vehicles:

• Exception (4)(a): An individual who holds any permit to carry a concealed pistol (regular, gold card, or enhanced) may possess a pistol inside a motor vehicle while on school property.
• Exception (4)(b): A permit holder may also be outside a motor vehicle for the purpose of securing a pistol in, or retrieving a pistol from, the vehicle.

This vehicle exception was added/clarified by SL 2025, ch 83, Section 1 and signed into law by Governor Rhoden on March 24, 2025.

Note: The school grounds exception for vehicles requires any concealed carry permit - permitless (constitutional) carry alone does not satisfy this exception.

Vehicles in State Parks

Per Administrative Rule 41:03:01:16, uncased firearms are generally prohibited in the state park system. However:

• A firearm legally transported in a motor vehicle, trailer camper, or boat pursuant to state law is considered cased for purposes of state park regulations.
• A person who is allowed to legally carry a concealed pistol may carry a concealed pistol at any time in state parks (subsection 6).

Prohibited Locations - No Vehicle Exception

Firearms are prohibited in certain locations even for permit holders, and no vehicle exception applies:

• County courthouses - SDCL 22-14-23 (Class 1 misdemeanor). A county commission may waive this restriction by majority vote (SDCL 22-14-28).
• State capitol - SDCL 22-14-23 (Class 1 misdemeanor). Enhanced permit holders may carry inside the capitol with 24-hour prior notification to the Highway Patrol superintendent (SDCL 22-14-24(5)).

Discharge of Firearms From or At Vehicles

• SDCL 22-14-20: Willfully discharging a firearm at an occupied motor vehicle is a Class 3 felony.
• SDCL 22-14-21: Willfully discharging a firearm from a moving motor vehicle within municipal limits is a Class 6 felony.

Firearm and Intoxication

• SDCL 22-14-7(3): Possessing a loaded firearm while intoxicated is a Class 1 misdemeanor. This applies whether in a vehicle or otherwise.
• SDCL 35-1-9.1: Consumption or possession of an alcoholic beverage in a vehicle is separately prohibited.

Hunting-Related Vehicle Rules

• Administrative Rule 41:06:04:07: A person may not allow a firearm to protrude from a motor vehicle on a public highway during hunting season, except while discharging at coyotes, jackrabbits, rodents, skunks, badgers, raccoons, and foxes.
• Administrative Rule 41:06:04:06: Using a motor vehicle to scare, harass, chase, or disturb game is prohibited.
• Administrative Rule 41:06:04:08: Sending or receiving messages by radio, cellular telephone, or other electronic communication while in or on a motor vehicle for the purpose of hunting is prohibited.

Alcohol in Vehicles (Related Context)

• SDCL 35-1-9.1: Consumption or possession of an open alcoholic beverage container in a vehicle is a misdemeanor, with limited exceptions (SDCL 35-1-9.3).
• Combining firearms possession with alcohol consumption in a vehicle compounds legal risk under both SDCL 22-14-7(3) and SDCL 35-1-9.1.

Recent Changes (2025 Legislative Session)

Governor Larry Rhoden signed several gun-related bills on March 24, 2025:

1. SL 2025, ch 83 (SB 56): Allows concealed carry permit holders to keep pistols inside a motor vehicle while on school property (amending SDCL 13-32-7).
2. SL 2025, ch 86: Allows enhanced permit holders to carry on public college and technical college campuses, with storage requirements (locked case or safe when not carried).
3. A bill repealing the former ban on concealed carry in bars (former SDCL 23-7-70).
4. A bill preventing local governments from restricting concealed carry by employees, officers, and volunteers in government buildings, facilities, and vehicles.

Permit Types (for Vehicle Exceptions Requiring a Permit)

Three types of concealed carry permits are available, all valid for five years:

The enhanced permit provides the broadest carry privileges, including state capitol carry (with notification) and campus carry.

Key Statutes Reference

Firearm Storage

South Dakota does not have a general state-law mandate to lock or otherwise secure firearms in the home. There is no safe-storage statute requiring a gun owner to keep firearms in a locked container, separate from ammunition, or with a trigger lock as a precondition to ownership. The state's storage-relevant statutes target specific contexts: minors' access, vehicle storage on school property, campus-carry storage requirements, and federal-law overlay.

No General Safe-Storage Mandate

The South Dakota Codified Laws contain no analog to the Massachusetts G.L. c. 140 safe-storage statute or California's safe-storage scheme. A South Dakota gun owner is not statutorily required to use a gun safe, trigger lock, or other locking device in a private residence.

The South Dakota Constitution (Article VI, Section 24) recognizes the right of the citizens to bear arms in defense of themselves and the state; this constitutional provision and federal Second Amendment doctrine (District of Columbia v. Heller, 554 U.S. 570 (2008)) inform statutory construction and federal-court review of any storage rule that would impair home-defense readiness.

Minors and Access

While there is no general safe-storage statute, the following provisions address minors' access to firearms:

SDCL Section 22-14-21 (Brandishing/Display)

Drawing, exhibiting, or using a firearm in an angry or threatening manner not in necessary self-defense is a Class 1 misdemeanor. A parent or guardian who allows or facilitates a minor's misuse of a firearm may be charged as an accessory or under general criminal-endangerment principles.

SDCL Section 23-7-71 (Persons Under 18)

A person under 18 may not carry a concealed pistol except in the presence of a parent or legal guardian. A parent who allows an unsupervised minor to carry concealed may be exposed to negligence-based civil liability and to charges of contributing to delinquency.

General Endangerment

Criminal child-endangerment and reckless-endangerment statutes (SDCL Sections 26-9, 22-18-1) apply to a gun owner whose negligent or reckless storage leads to harm. Civil tort liability for negligent entrustment is well established in South Dakota common law.

Vehicle Storage

General Vehicle Carry

A pistol may be lawfully transported in a vehicle. Permitless carry under SDCL Section 23-7-7 covers loaded carry within a vehicle on a public road. Long guns may be carried loaded under SDCL Section 32-15-23 (the operative rule for vehicle-mounted long guns prohibits loaded long arms in a motor vehicle while hunting on a public road - but the rule is hunting-specific, not a general loaded-long-gun bar).

School Property Vehicle Storage

Effective with Session Laws 2025, concealed-pistol-permit holders may keep a pistol inside a motor vehicle on school property. The pistol must remain inside the vehicle. The carrier may not exit the vehicle armed onto the school premises. The amendment changes the prior absolute bar in SDCL Section 13-32-7 for vehicle storage; the on-foot prohibition on school grounds remains.

Locked-Container Storage in Vehicle (Best Practice)

If a carrier intends to enter a posted location or a federal facility while traveling, a locked container in the vehicle with the pistol unloaded and ammunition stored separately is the safe practice. This is also the federal-law-compliant practice for a non-Gold Card-NICS-alternative carrier transiting a Gun-Free School Zone under 18 U.S.C. Section 922(q).

Campus Carry Storage Rules

Session Laws 2025 Chapter 86 authorizes Enhanced and reciprocal Enhanced-equivalent permit holders to carry concealed on state university and technical college campuses (SDCL Sections 13-53-56, 13-39A-43). The pistol must be stored in a locked case or safe when not carried on the person. The carrier may not leave the pistol unsecured in a dormitory room, classroom, or campus office.

The institution may further restrict storage rules within these statutory minimums. The Board of Regents and individual institutions are authorized to designate areas with hazardous materials, secure facilities, and special events with metal detectors where carry is prohibited.

Federal Storage-Adjacent Rules

Gun-Free School Zone Act (18 U.S.C. Section 922(q))

A non-licensed carrier transiting the federal 1,000-foot Gun-Free School Zone with a firearm in a vehicle must have the firearm unloaded and locked in a container or a locked rack. A South Dakota concealed-pistol-permit holder (Regular, Enhanced, or Gold Card) is exempt from this rule in South Dakota under the "licensed in the state of issuance" carve-out.

Federal Firearm-Storage Civil Liability

Federal law generally does not impose civil safe-storage requirements on private gun owners, but the Protection of Lawful Commerce in Arms Act (15 U.S.C. Sections 7901 through 7903) does not preempt state common-law negligence actions against a gun owner whose negligent storage produces a foreseeable injury.

Civil Liability for Negligent Storage

A South Dakota gun owner whose negligent storage produces a foreseeable injury - a minor obtaining the firearm and shooting a sibling, an unauthorized guest using the firearm during a domestic dispute, a stolen firearm used in a violent crime where the owner failed to secure it - may face common-law negligence liability. The standard of care is what a reasonably prudent gun owner would do under the circumstances; it is not statutorily fixed.

Insurance carriers offering homeowner or umbrella policies may impose contractual storage requirements (gun-safe certification, trigger-lock use) as conditions of firearm-loss coverage. These are private contractual terms, not state-law mandates.

ATF Storage Rules for Federally Licensed Firearm Dealers

A Federal Firearms Licensee operating in South Dakota is subject to 27 C.F.R. Part 478 storage and recordkeeping rules, which require secure overnight storage of inventory and reporting of theft or loss. These rules do not apply to private gun owners.

Practical Storage Guidance

The South Dakota Department of Public Safety and the South Dakota Game, Fish and Parks hunter-education program recommend the following storage practices for private owners with no statutory mandate behind them:

• Store firearms in a gun safe or locked cabinet when not in use.
• Store ammunition separately from firearms.
• Use trigger locks on firearms kept in a home with children.
• Maintain a written serial-number inventory of owned firearms and a photograph of each firearm, stored in a location separate from the firearms themselves, for police-report and insurance-claim purposes in case of theft.
• Report stolen firearms to local law enforcement and to the ATF immediately.

Sources

• South Dakota Constitution, Article VI, Section 24
• SDCL Section 22-14-21 (Brandishing/Display)
• SDCL Section 22-14-22 (Loaded firearm while under the influence)
• SDCL Section 23-7-71 (Carrying by persons under 18)
• SDCL Section 13-32-7 (Firearms on school premises)
• SDCL Sections 13-53-56, 13-39A-43 (Campus carry storage)
• Session Laws 2025 Chapter 86 (Campus carry)
• 18 U.S.C. Section 922(q) (Federal Gun-Free School Zone Act)
• 27 C.F.R. Part 478 (Federal Firearms Licensee storage requirements)

Use of Force Laws

South Dakota has comprehensive use of force and self-defense statutes codified primarily in SDCL Chapter 22-18 (Assaults and Personal Injuries). The state enacted a major overhaul of its self-defense framework through Session Laws 2021, Chapter 93, establishing strong Stand Your Ground protections with no duty to retreat.

Key Definitions (SDCL Section 22-18-3.1)

The following statutory definitions apply to all use of force provisions in Section 22-18-4 through 22-18-4.9:

• Deadly Force - Force that is likely to cause death or great bodily harm
• Dwelling - A building or structure of any kind, whether temporary or permanent, designed to be occupied by people lodging therein at night, together with any attached garage or porch. Includes tents, campers, motorhomes, and any other conveyance whether mobile or immobile
• Forcible Felony - Arson, assault, burglary, kidnapping, manslaughter, murder, rape, robbery, and any other felony involving the use of or threat of physical force or violence against a person
• Residence - A dwelling in which a person resides (temporarily or permanently) or is an invited guest
• Unlawful Force - An act of force employed without the consent of the person against whom it is directed and without legal justification or excuse
• Vehicle - A conveyance of any kind, whether motorized or not, designed to transport people or property

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Non-Deadly Force in Self-Defense (SDCL Section 22-18-4)

A person is justified in using or threatening to use force, other than deadly force, against another if the person reasonably believes that using or threatening to use force is necessary to defend against the other's imminent use of unlawful force.

No duty to retreat. A person who uses or threatens to use force in accordance with this section does not have a duty to retreat before using or threatening to use force.

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Deadly Force in Self-Defense - Stand Your Ground (SDCL Section 22-18-4.1)

A person is justified in using or threatening to use deadly force if the person reasonably believes it is necessary to:

1. Prevent imminent death or great bodily harm to himself, herself, or another, or
2. Prevent the imminent commission of a forcible felony

Stand Your Ground: A person who uses or threatens to use deadly force has no duty to retreat and has the right to stand his or her ground, provided the person:

1. Is not engaged in criminal activity, and
2. Is in a place where the person has a right to be

Note: The NRA has characterized South Dakota as having "the strongest stand your ground language in the United States."

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Defense of Dwelling or Residence - Castle Doctrine (SDCL Section 22-18-4.2)

A person who is in a dwelling or residence in which the person has a right to be:

1. Has no duty to retreat
2. Has the right to stand his or her ground
3. Has the right to use or threaten to use:
   • Non-deadly force if the person reasonably believes it is necessary to defend against the imminent use of unlawful force
   • Deadly force if the person reasonably believes it is necessary to prevent imminent death or great bodily harm, or to prevent the imminent commission of a forcible felony

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Presumption of Reasonable Fear (SDCL Section 22-18-4.3)

For purposes of defense of dwelling (Section 22-18-4.2), a person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm when using defensive force likely to cause death or great bodily harm if:

1. The person against whom defensive force was used:
   • Was in the process of unlawfully entering a dwelling, residence, or occupied vehicle;
   • Had unlawfully entered a dwelling, residence, or occupied vehicle; or
   • Had removed or was attempting to remove another against the other's will from a dwelling, residence, or occupied vehicle; and
2. The person using defensive force knew or had reason to believe that an unlawful entry or unlawful and forcible act was occurring or had occurred

Presumption of Criminal Intent for Intruders (SDCL Section 22-18-4.5)

A person who unlawfully enters or attempts to enter a dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.

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Exceptions to the Presumption of Fear (SDCL Section 22-18-4.4)

The presumption of reasonable fear under Section 22-18-4.3 does not apply if:

1. The person against whom defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle (as owner, lessee, or titleholder) and is not the subject of a protection order
2. The person sought to be removed is a child, grandchild, or otherwise in lawful custody or guardianship of the person against whom force is used
3. The person using defensive force is engaged in criminal activity or using the dwelling, residence, or vehicle to further criminal activity
4. The person against whom force is used is a law enforcement officer entering in the performance of official duties, and:
   • The officer identified himself or herself, or
   • The person using force knew or reasonably should have known the person was a law enforcement officer

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Defense of Property Other Than a Dwelling

Non-Deadly Force (SDCL Section 22-18-4.6)

A person is justified in using or threatening to use force other than deadly force to prevent or terminate another's trespass on or criminal interference with:

1. Real property other than a dwelling
2. Personal property lawfully in the person's possession, in the possession of a member of the person's immediate family or household, or in the possession of someone whose property the person has a legal duty to protect

There is no duty to retreat before using or threatening to use such force.

Deadly Force (SDCL Section 22-18-4.7)

A person is justified in using or threatening to use deadly force to defend property other than a dwelling only if the person reasonably believes it is necessary to prevent the imminent commission of a forcible felony.

The person has no duty to retreat and the right to stand his or her ground, provided the person is not engaged in criminal activity and is in a place where the person has a right to be.

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Immunity from Prosecution and Civil Liability (SDCL Section 22-18-4.8)

A person who uses or threatens to use justified force under Section 22-18-4 through 22-18-4.7 is:

• Immune from criminal prosecution, and
• Immune from civil liability for the use or threatened use of such force

Exceptions to immunity:

• The person against whom force was used was a law enforcement officer acting in the performance of official duties who identified himself or herself, or
• The person using force knew or reasonably should have known the person was a law enforcement officer acting in official duties

Burden of proof: Once a defendant raises a prima facie claim of self-defense immunity, the burden shifts to the prosecution to overcome the immunity by clear and convincing evidence.

Attorney's fees: The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses to a defendant found to be immune from prosecution in a civil action.

As used in this section, "criminal prosecution" includes arresting, detaining in custody, and charging or prosecuting the defendant.

Source: SL 2021, ch 93, Section 10; amended SL 2022, ch 62, Section 1.

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When Use of Force Is NOT Justified - Aggressor Limitations (SDCL Section 22-18-4.9)

Justification for the use of force or deadly force is not available to a person who:

1. Is attempting to commit, committing, or escaping after the commission of a forcible felony; or
2. Initially provokes the use or threatened use of force against himself or herself

Exceptions for initial aggressors: A person who initially provoked the confrontation may still claim self-defense if:

• The force against them is so great that the person reasonably believes he or she is in imminent danger of death or great bodily harm and every reasonable means to escape has been exhausted (other than using deadly force); or
• The person in good faith withdraws from physical contact and clearly indicates a desire to withdraw and terminate the use of force, but the assailant continues or resumes the use of force

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Justifiable Force by Public Officers (SDCL Section 22-18-2)

The use or attempted use of force is not unlawful if necessarily committed by a public officer in the performance of any legal duty, or by any other person assisting or acting by the direction of the public officer.

Lawful Force in Arrest of Felons (SDCL Section 22-18-3)

The use of force is not unlawful if necessarily committed by any person in arresting someone who has committed a felony or in delivering that person to a public officer competent to receive him or her in custody.

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Justifiable Homicide (SDCL Section 22-16-30 through 22-16-35)

South Dakota law also recognizes:

• Excusable homicide committed during lawful acts (Section 22-16-30) or in the heat of passion upon sufficient provocation or sudden combat (Section 22-16-31)
• Justifiable homicide by law enforcement officers overcoming resistance or capturing fleeing felons (Section 22-16-32)
• Justifiable homicide when apprehending felons, suppressing riot, or preserving peace (Section 22-16-33)

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Enhanced Concealed Carry Permit - Use of Force Training (SDCL Section 23-7-58)

South Dakota's enhanced concealed pistol permit requires completion of a qualifying handgun course taught by an NRA-certified instructor who also holds a current certificate from the South Dakota Division of Criminal Investigation on the use of force. The course must include:

1. South Dakota law relating to firearms and the use of force
2. Basic concepts of safe and responsible use of handguns
3. Self-defense principles
4. Live fire training including firing at least 98 rounds of ammunition

The enhanced permit use of force training is coordinated by the South Dakota Attorney General's office, with a maximum class size of 20 students. Instructor continuing education requires a minimum of 24 hours every four calendar years, covering liability and use of force, safety, handgun nomenclature, fundamentals of shooting, and lesson plan development.

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Summary of Key Protections

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Legislative History

South Dakota's current use of force framework was substantially enacted through Session Laws 2021, Chapter 93 (effective July 1, 2021), which codified the Stand Your Ground doctrine, Castle Doctrine presumptions, property defense provisions, and immunity protections. The immunity provision was further amended by Session Laws 2022, Chapter 62, which clarified the burden of proof standard and expanded the definition of "criminal prosecution" to include arrest and detention.

This information is based on South Dakota Codified Laws as published by the South Dakota Legislature. Laws are subject to change through legislative action. This guide is for educational purposes and does not constitute legal advice. Consult a qualified attorney for specific legal questions.

NFA Items - Machine Guns, Suppressors, Short-Barreled Rifles, and Other Title II Firearms

South Dakota generally permits lawful possession of federally regulated National Firearms Act (NFA) items by a South Dakota resident who complies with federal law. There is no state-level ban on machine guns, suppressors, short-barreled rifles, short-barreled shotguns, destructive devices, or any-other-weapons (AOWs) beyond the federal regulatory framework. The state's role is largely to defer to federal regulation under 26 U.S.C. Chapter 53 (the National Firearms Act) and 27 C.F.R. Part 479 (ATF NFA rules).

What Federal Law Regulates

The National Firearms Act of 1934 (26 U.S.C. Chapter 53) and the Gun Control Act of 1968 (18 U.S.C. Chapter 44) regulate the following categories of firearms:

• Machine gun: Any firearm that fires more than one round per single function of the trigger. Defined at 26 U.S.C. Section 5845(b).
• Short-barreled rifle (SBR): A rifle with a barrel less than 16 inches or an overall length less than 26 inches. Defined at 26 U.S.C. Section 5845(a)(3)-(4).
• Short-barreled shotgun (SBS): A shotgun with a barrel less than 18 inches or an overall length less than 26 inches. Defined at 26 U.S.C. Section 5845(a)(1)-(2).
• Silencer (suppressor): Any device for silencing, muffling, or diminishing the report of a portable firearm. Defined at 18 U.S.C. Section 921(a)(25) and 26 U.S.C. Section 5845(a)(7).
• Destructive device: Explosive, incendiary, or poison-gas weapons; certain large-bore firearms over .50 caliber that are not generally recognized as sporting. Defined at 26 U.S.C. Section 5845(f).
• Any other weapon (AOW): A miscellaneous catch-all category including pen guns, cane guns, certain smooth-bore pistols, and concealed firearms. Defined at 26 U.S.C. Section 5845(e).

Lawful private possession of any of these requires:

1. ATF Form 4 (or Form 1 for owner-manufactured items) approval.
2. $200 tax stamp (or $5 for an AOW transfer).
3. NICS background check.
4. Photographs and fingerprint cards.
5. For trust ownership, a list of "responsible persons" who must pass the same NICS check.
6. Compliance with the manufacturer or transferor's state of residence requirements.

What South Dakota State Law Says

South Dakota has not enacted a state-level prohibition on any NFA category that goes beyond federal law. SDCL Chapter 22-14 (Weapons) addresses firearms generally; it does not contain a state-law ban on machine guns, suppressors, SBRs, SBSs, destructive devices, or AOWs for compliant federal-NFA-permit holders.

SDCL Section 22-14-6 (Possession of a Machine Gun)

SDCL Section 22-14-6 prohibits possessing a machine gun unless the possessor is in compliance with the federal National Firearms Act (26 U.S.C. Chapter 53) and ATF regulations. The South Dakota provision is a state-law parallel to the federal NFA regime; a person holding a valid ATF Form 4 transfer-approved machine gun in South Dakota satisfies both federal and state law.

Hughes Amendment (Federal Limit on New Machine Guns)

Federal law (18 U.S.C. Section 922(o), the 1986 Hughes Amendment) prohibits civilian transfer or possession of any machine gun manufactured after May 19, 1986. The pool of civilian-transferable machine guns is fixed - only pre-1986 registered machine guns may be transferred to civilians, which has driven prices for civilian-legal machine guns to extreme levels.

This federal cap applies in South Dakota; no state law expands or contracts the federal framework.

Suppressors

Suppressors are lawful to own in South Dakota subject to ATF Form 4 approval and the $200 tax stamp. There is no state-level prohibition. A suppressor is treated like any other Title II firearm under federal law: registration, photographs, fingerprints, NICS check, and tax stamp.

A suppressor used for hunting is lawful in South Dakota under SDCL Chapter 41 (Game and Fish); the South Dakota Game, Fish and Parks Commission has approved suppressor use for legal take of game, subject to the usual hunting-license and seasonal rules.

Short-Barreled Rifles and Short-Barreled Shotguns

Lawful with ATF Form 4 / Form 1 approval and tax stamp. No state-level prohibition. The ATF's 2023 administrative rule on stabilizing braces (ATF Final Rule 2021R-08F) recharacterized many pistol-brace-equipped firearms as SBRs - that federal rule applies in South Dakota the same as anywhere else, and South Dakota has not enacted state-law protections against the federal recharacterization.

Destructive Devices

Lawful with ATF Form 4 approval. Most civilian Title II owners do not pursue destructive-device registration; the category is rarely relevant outside specialized collector and demolition-industry contexts.

AOWs

Lawful with ATF Form 4 approval and $5 transfer tax (not $200). No state-level prohibition.

Federal Form 4 Process in South Dakota

The standard process for a South Dakota resident acquiring a Title II firearm from a dealer:

1. Select firearm at a Federal Firearms Licensee with a Special Occupational Tax (SOT) stamp.
2. Pay the dealer (which collects state and local sales tax under SDCL Chapter 10-45).
3. Execute ATF Form 4 (transfer to non-licensee).
4. Submit fingerprint cards and photographs.
5. Submit completed Form 4 to ATF with $200 tax payment ($5 for AOW).
6. Wait for ATF approval (typical processing time: 60 to 180 days for e-filed Form 4s; longer for paper).
7. Pick up the firearm from the dealer after ATF approval.

For an individual-owned Title II firearm, no chief-law-enforcement-officer (CLEO) sign-off is required (changed in 2016 under ATF Rule 41F), but the applicant must notify the CLEO of the application.

For trust-owned Title II firearms, each "responsible person" listed on the trust must execute ATF Form 5320.23, with fingerprints and photographs, and pass a NICS check.

State Sales Tax on NFA Transfers

South Dakota imposes state sales tax (currently 4.2%) on the dealer's transfer of an NFA firearm, the same as any other firearm sale. Municipal and county sales taxes also apply. The federal $200 tax stamp is separate from the state sales tax.

Importation Across State Lines

Bringing a Title II firearm into South Dakota from another state requires ATF Form 5320.20 (Application to Transport Interstate or to Temporarily Export Certain National Firearms Act Firearms) approval before the trip. The form is good for one year and covers either a single trip or recurring travel to a specific destination.

A South Dakota resident traveling out of state with a Title II firearm needs Form 5320.20 approval (unless traveling exclusively within South Dakota). Suppressors are NOT subject to the Form 5320.20 requirement; only machine guns, SBRs, SBSs, and destructive devices are.

Concealed Carry and NFA Items

The Regular, Enhanced, and Gold Card permits authorize concealed carry of a pistol (SDCL Sections 23-7-7, 23-7-53, 23-7-60). The permits do not authorize concealed carry of any NFA item that is not also a pistol. A short-barreled rifle concealed in a backpack is not authorized as concealed-pistol-permit carry; the SBR is regulated by federal NFA law and state long-gun-transport rules.

A Title II AOW that is built on a pistol platform (smooth-bore handgun, pen gun) is a pistol for state-law-carry-permit purposes but is also an AOW under federal NFA - both regimes apply.

Common State Issues

• Lost or stolen NFA firearm: Must be reported to ATF within 48 hours and to local law enforcement immediately. South Dakota law does not impose an additional state-level reporting deadline.
• Owner's death: The Title II firearm passes by ATF Form 5 (tax-free transfer to lawful heir) if heir is a lawful possessor. Probate court should not transfer the firearm directly to a beneficiary - the ATF Form 5 process governs.
• Moving out of South Dakota: Notify ATF of the address change for each Title II firearm. Form 5320.20 is required for transport of certain NFA items as discussed.

Sources

• 26 U.S.C. Chapter 53 (National Firearms Act)
• 18 U.S.C. Section 922(o) (Hughes Amendment - 1986 machine-gun cap)
• 18 U.S.C. Section 921(a)(25) (Silencer definition)
• 27 C.F.R. Part 479 (ATF NFA regulations)
• SDCL Section 22-14-6 (Machine gun - state-law parallel to federal NFA)
• SDCL Chapter 22-14 (Weapons - general firearms framework)
• ATF Form 4 (Application for Tax Paid Transfer and Registration of Firearm)
• ATF Final Rule 2021R-08F (Stabilizing Braces, 2023)

Red Flag Laws / Extreme Risk Protection Orders

South Dakota does not have an Extreme Risk Protection Order (ERPO) or "red flag" law. The state legislature has not enacted a statute authorizing a court to order the temporary removal of firearms from a person identified as a danger to self or others on the basis of behavioral concerns alone. South Dakota is one of approximately 20 U.S. states without an ERPO framework.

What South Dakota Has Instead

South Dakota's tools for removing firearms from a person who is a danger to self or others come from three other statutory frameworks:

1. Mental-Health Commitment (SDCL Chapter 27A)

A person who is involuntarily committed for mental-health treatment under SDCL Chapter 27A becomes a federal prohibited person under 18 U.S.C. Section 922(g)(4) - prohibited from possessing a firearm. The commitment must be by a court order after due-process notice and hearing; an emergency hold (typically up to 24 hours) does not by itself trigger the prohibition.

The federal Section 922(g)(4) prohibition is permanent unless the person obtains relief through a state restoration program (NICS Improvement Amendments Act of 2007, 18 U.S.C. Section 925(c) administrative-relief framework). South Dakota does not currently operate a fully-funded NICS Improvement Amendments Act restoration program.

A person involuntarily committed:

• Becomes a prohibited person under federal law (18 U.S.C. Section 922(g)(4)).
• Becomes ineligible for a Regular, Enhanced, or Gold Card permit under SDCL Section 23-7-7.1(5) ("found in the previous ten years to be a danger to others or self, or currently adjudged mentally incompetent").
• Is required to surrender any firearms in possession to law enforcement at the time of the commitment order under standard commitment-court practice.

2. Domestic-Violence Protection Orders (SDCL Chapter 25-10)

A court may issue a domestic-violence protection order under SDCL Section 25-10-7 against a person who has committed an act of domestic abuse. The order:

• Triggers the federal Section 922(g)(8) prohibition on firearm possession during the pendency of a qualifying order with notice, hearing, and a finding that the respondent represents a credible threat to the physical safety of an intimate partner or child.
• May include, at the court's discretion, an express provision requiring the respondent to surrender firearms to law enforcement.

The Domestic Violence Protection Order is not an ERPO - it requires an underlying act of domestic abuse, not a generalized behavioral concern. But for the narrow domestic-violence context, it serves as the principal court-ordered firearm-removal tool in South Dakota.

3. Conditions of Pretrial Release or Probation

A circuit court may impose, as a condition of pretrial release under SDCL Section 23A-43 or as a condition of probation under SDCL Chapter 23A-27, a prohibition on firearm possession during the pendency of the criminal case or during the probationary period. This is case-by-case and discretionary; it is not an automatic or generalized red-flag-style order.

Legislative History on ERPO Proposals

Bills proposing an ERPO framework for South Dakota have been introduced in the legislature in recent sessions but have not advanced out of committee:

• A 2019 ERPO bill (introduced in the wake of national interest after the Parkland shooting) did not pass.
• Subsequent ERPO bills in 2021 and 2023 sessions did not advance.

The lack of legislative appetite has been driven in part by Second Amendment concerns about due-process protections in ex parte hearings, by federalism concerns about temporary firearm removal without a criminal conviction, and by general policy opposition from the legislature's majority caucus.

Practical Effect

For South Dakotans, the lack of a red-flag statute means:

• Family members of a person in mental-health crisis cannot petition a court directly for a temporary firearm-removal order the way they could in states with ERPOs.
• Law enforcement officers responding to a behavioral-health call do not have a state-law-authorized warrantless firearm seizure power based on dangerousness alone. The officer may secure firearms incident to a Fourth Amendment-justified search (consent, warrant, exigent circumstances), and may invoke the mental-health commitment process under SDCL Section 27A-10-1 if the legal standard is met.
• The default tool for firearm removal in a behavioral-health crisis is involuntary commitment under SDCL Chapter 27A, which carries permanent federal Section 922(g)(4) consequences and requires the statutory clinical threshold.

Federal Section 922(g) Triggers That Apply in South Dakota

Even without a state ERPO, federal law prohibits firearm possession by:

• Convicted felons (Section 922(g)(1))
• Fugitives from justice (Section 922(g)(2))
• Unlawful users of controlled substances (Section 922(g)(3))
• Persons adjudicated mentally defective or involuntarily committed (Section 922(g)(4))
• Illegal aliens (Section 922(g)(5))
• Persons dishonorably discharged (Section 922(g)(6))
• Persons who have renounced U.S. citizenship (Section 922(g)(7))
• Persons subject to qualifying domestic-violence protection orders (Section 922(g)(8))
• Persons convicted of misdemeanor crimes of domestic violence (Section 922(g)(9))

Federal prosecution under any of these subsections is available in South Dakota through the United States Attorney for the District of South Dakota.

Surrender Procedures (When Required)

When a court order or federal prohibition triggers a firearm-surrender obligation:

• Domestic-violence protection order: The respondent must surrender firearms to local law enforcement or, in some circumstances, to a third-party custodian acceptable to the court. The protection order should specify the deadline and the receiving agency.
• Involuntary commitment: The court order should direct surrender. The sheriff or local police take custody.
• Federal Section 922(g) status acquired during ongoing firearm ownership: The owner must lawfully transfer the firearms to a non-prohibited person or to a Federal Firearms Licensee. Voluntary surrender to local law enforcement is also available, generally without compensation.

Recovery of surrendered firearms requires court order showing that the disqualifying status has been lifted.

Bottom Line

South Dakota law does not authorize ERPO petitions, red-flag orders, or generalized behavioral-concern firearm removal. Firearm removal occurs through:

1. Federal-law prohibited-person status (the universal underlay).
2. Mental-health commitment (SDCL Chapter 27A).
3. Domestic-violence protection orders (SDCL Chapter 25-10).
4. Case-specific conditions of pretrial release or probation.

A family member or friend concerned about a person's behavioral health and firearm access should contact local law-enforcement non-emergency dispatch for a welfare check; the responding officers will assess whether the SDCL Chapter 27A involuntary-commitment standard is met. If the person is a danger to self or others, a temporary mental-health hold and an involuntary-commitment petition can lead to a Section 922(g)(4) prohibition. There is no shortcut through an ERPO-style petition.

Sources

• SDCL Chapter 27A (Mental Health Care)
• SDCL Section 27A-10-1 (Emergency mental-health hold)
• SDCL Chapter 25-10 (Domestic Violence Protection Orders)
• SDCL Section 25-10-7 (Issuance of protection order)
• SDCL Chapter 23A-43 (Pretrial release)
• SDCL Section 23-7-7.1 (Permit eligibility - the danger-to-self-or-others provision)
• 18 U.S.C. Section 922(g)(4), (8), (9) (Federal prohibited-person provisions)
• 18 U.S.C. Section 925(c) (Administrative relief)

State Preemption of Local Firearms Laws

South Dakota has a comprehensive statutory preemption framework that prohibits county, municipal, and other political-subdivision regulation of firearms beyond what state law authorizes. The principal preemption statute is SDCL Section 7-18A-36 (counties) and SDCL Section 8-5-13 (townships); the parallel municipal preemption is in SDCL Title 9. Session Laws 2025 Chapter 36 substantially expanded this framework.

Statutory Preemption

SDCL Section 7-18A-36 (County Preemption)

A board of county commissioners may not adopt any ordinance regulating the carrying, possession, transportation, sale, taxation, manufacture, ownership, transportation, registration, or licensing of firearms or ammunition. The statute reserves the entire field of firearm regulation to the state legislature.

SDCL Section 9-19-20 (Municipal Preemption)

A municipality may not adopt any ordinance regulating the carrying, possession, transportation, sale, taxation, manufacture, ownership, registration, or licensing of firearms or ammunition. The municipal-preemption statute mirrors the county-preemption statute.

SDCL Section 8-5-13 (Township Preemption)

A board of township supervisors may not adopt any resolution or ordinance regulating firearms or ammunition.

Scope

The preemption sweep is broad. Local governments in South Dakota may not regulate:

• Concealed or open carry beyond the state-law framework.
• Ammunition.
• Firearm sales and transfers.
• Firearm registration.
• Firearm taxation (state and local).
• Firearm manufacturing.
• Firearm ownership.
• Firearm licensing.
• Firearm storage.

What local governments may do:

• Prohibit firearm discharge within municipal limits (under traditional health-and-safety police powers, narrowly construed).
• Regulate the conduct of firearm-related activities on land owned by the political subdivision itself (e.g., a city park, but subject to Session Laws 2025 Chapter 36 restrictions on government-employee carry).
• Adopt zoning ordinances that affect firearm-related businesses incident to general zoning powers (but not zoning ordinances that discriminate against firearm-related businesses).

Session Laws 2025 Chapter 36 Expansion

Session Laws 2025 Chapter 36 expanded preemption further by prohibiting local governments from restricting concealed carry by their own employees, officers, and volunteers in government buildings, facilities, and vehicles. Before 2025, a county or municipal employer could impose a no-firearms workplace policy on its own employees in government buildings. After Session Laws 2025 Chapter 36, that authority is curtailed:

• A government employee may not be barred from carrying concealed in the government building, facility, or vehicle merely because the employer is a county, municipality, or other political subdivision, if the employee holds a valid concealed-pistol permit.
• The legislation does not extend the same protection to private-sector employees.
• The legislation does not preempt federal-employer or federal-facility restrictions (federal preemption controls federal buildings).

What Preemption Does Not Preempt

State preemption operates against political-subdivision regulation; it does not displace federal law, statewide statutes, or private-property rules. Even with full statutory preemption:

• Federal law (18 U.S.C. Section 922(g) prohibited persons; 18 U.S.C. Section 922(q) Gun-Free School Zone; 18 U.S.C. Section 930 federal facilities) continues to apply.
• State-law location restrictions (SDCL Section 22-14-23 county courthouses; SDCL Section 22-14-24(5) State Capitol; SDCL Section 13-32-7 schools) continue to apply.
• Private property owners may post and exclude as a matter of common-law trespass.

Enforcement of Preemption

A local ordinance that violates the preemption statutes is void as a matter of law. Either:

1. A private plaintiff with standing (typically a permit holder affected by the local rule) may bring a declaratory-judgment action in circuit court to invalidate the ordinance, or
2. The South Dakota Attorney General may issue an opinion declaring the local ordinance preempted.

Several attorney-general opinions and at least one circuit-court declaratory action have applied SDCL Section 7-18A-36 and Section 9-19-20 to strike local firearm rules.

Pre-2019 Local Rules

A small number of city and county codes adopted before South Dakota strengthened its preemption statute may still appear on the books. These ordinances are not enforceable to the extent they conflict with state law. Local police departments and prosecutors generally do not enforce them. A permit holder or permitless carrier confronted with a pre-2019 local rule may rely on the preemption shield, but should be prepared to challenge the rule by appeal or declaratory action if cited.

Discharge Restrictions Survive Preemption

The narrow carve-out for local discharge ordinances is well established. A municipality may, by ordinance, prohibit the discharge of a firearm within municipal limits except in lawful self-defense, on a registered shooting range, or in connection with hunting where the municipality has expressly designated hunting areas. Sioux Falls, Rapid City, and most other South Dakota cities have such discharge ordinances.

Discharge ordinances do not regulate the carrying, possession, transport, sale, or ownership of firearms - they regulate the act of firing the firearm. Courts have consistently upheld discharge ordinances as within the police power notwithstanding state preemption of firearm-regulation generally.

Constitutional Backdrop

Article VI, Section 24 of the South Dakota Constitution recognizes the right of the citizens to bear arms in defense of themselves and the state. This provision does not directly preempt local law (that work is done by the statutes above), but it informs statutory construction and provides an independent constitutional basis for challenge to a local ordinance that the legislature has not directly preempted.

The Second Amendment to the United States Constitution applies to South Dakota through the Fourteenth Amendment (McDonald v. City of Chicago, 561 U.S. 742 (2010)). Local firearm rules surviving state-law preemption analysis are also subject to Bruen-era Second Amendment review (N.Y. State Rifle & Pistol Ass'n v. Bruen, 597 U.S. 1 (2022)).

Sources

• SDCL Section 7-18A-36 (County preemption)
• SDCL Section 9-19-20 (Municipal preemption)
• SDCL Section 8-5-13 (Township preemption)
• Session Laws 2025 Chapter 36 (Expanded preemption for government-employee carry)
• South Dakota Constitution, Article VI, Section 24
• N.Y. State Rifle & Pistol Ass'n v. Bruen, 597 U.S. 1 (2022)
• McDonald v. City of Chicago, 561 U.S. 742 (2010)

Reciprocity

South Dakota is a permitless carry state, so the reciprocity question runs mostly one way. If you are visiting, you do not need a permit at all: SDCL 23-7-7 says that issuing a concealed pistol permit "does not impose a general prohibition on the carrying of a pistol without a permit," and the Secretary of State puts it practically: "South Dakota residents and nonresidents who may lawfully possess a pistol are not required to have a permit in order to carry a concealed pistol in the state." If you live here, the permit does two jobs. Inside South Dakota it is what the capitol, school-vehicle, and campus carve-outs below are written around, each keyed to a chapter 23-7 permit. Outside South Dakota it is the document a destination state examines when it decides whether you may carry on its ground, and that is where most of its value sits.

The model: the Secretary of State runs it, the Attorney General screens it

SDCL 23-7-7.3 is the reciprocity statute. It names no state and does not itself declare which out-of-state permits South Dakota honors. It creates a two-office process:

• The attorney general "shall compare South Dakota permit issuance statutes with the permit issuance statutes in states with which reciprocity is sought or requested in order to determine whether the laws of the other state meet or exceed the requirements of this chapter for the issuance of a permit."
• "The secretary of state may enter into reciprocity agreements with other states after the attorney general has notified the secretary of state that the other states' laws meet or exceed the provisions of this chapter."

The Attorney General certifies; the Secretary of State signs and owns the list. Note that the statute's yardstick is the other state's permit issuance statutes, not its carry rules: a state can meet the issuance standard and still restrict where you carry inside it.

Coming to South Dakota with an out-of-state permit

Your permit is honored, and it is also mostly beside the point. The Firearm Handbook states the recognition rule: "The state of South Dakota recognizes any valid concealed pistol permit issued to a nonresident of South Dakota, according to the terms of its issuance in the state of its issue." The FAQ adds that South Dakota issues no nonresident permits, "but South Dakota recognizes valid concealed pistol permits from all other U.S. states for individuals who may lawfully possess a concealed pistol."

Read the qualifier: recognition runs to people who may lawfully possess, and a permit from anywhere does not cure a disability:

• A person convicted "in this state or elsewhere" of a crime of violence, or of a felony under one of the controlled substances sections listed in SDCL 22-14-15, may not possess or have control of a firearm. Violation is a Class 6 felony, which SDCL 22-6-1 sets at two years imprisonment in a state correctional facility or a four thousand dollar fine, or both. The bar does not apply to a person last discharged from prison, jail, probation, or parole more than fifteen years before the principal offense. SDCL 22-14-15.1 runs a parallel Class 6 felony bar on a person convicted of a felony under chapter 22-42, or of a felony for a crime with the same elements in another state, and lifts five years after last discharge rather than fifteen, unless SDCL 22-14-15 independently reaches the person. SDCL 22-14-15.2 bars possession for one year after a misdemeanor conviction involving an act of domestic violence, a Class 1 misdemeanor.
• Two sections run on minors and they stack. Under SDCL 23-7-71, a person under eighteen may not carry a concealed pistol except in the presence of a parent or legal guardian. That section states the prohibition without setting a grade in its own text; SDCL 22-6-2 supplies a Class 2 misdemeanor default, thirty days in county jail or a five hundred dollar fine, or both, for a prohibited act outside the titles it enumerates. Treat that grading as the default rather than as an express penalty. Separately, SDCL 23-7-44 makes it a Class 1 misdemeanor for any person under eighteen to knowingly possess a pistol at all, one year in county jail or a two thousand dollar fine, or both, under SDCL 22-6-2. The exceptions in SDCL 23-7-45 are narrower than parental presence: they require the prior written consent of a parent or guardian and one of three circumstances, being on premises owned or leased by the minor or the minor's parent, guardian, or immediate family member, being in the presence of a licensed or accredited gun safety instructor, or using the pistol for farming, ranching, hunting, trapping, target shooting, or gun safety instruction. Nothing about holding an out-of-state permit changes either section.

There are also places where a visitor's permit buys nothing, because the exception is written around South Dakota permits specifically:

• County courthouses and the state capitol. Knowing possession of a firearm or other dangerous weapon there is a Class 1 misdemeanor under SDCL 22-14-23, one year in county jail or a two thousand dollar fine, or both, under SDCL 22-6-2. SDCL 22-14-27 bars a defendant prosecuted under SDCL 22-14-23 from claiming a chapter 23-7 permit as a defense. The permit-based exception in SDCL 22-14-24(5) reaches the state capitol only, not county courthouses, excludes the Supreme Court chamber and access-controlled private offices under security supervision, and requires an enhanced permit "issued in accordance with § 23-7-53" plus notice to the superintendent of the Division of Highway Patrol at least twenty-four hours before first entry. The courthouse half moves county by county. SDCL 22-14-28 lets a county commission waive the SDCL 22-14-23 provisions that apply to a county courthouse by a majority of its members-elect, and SDCL 22-14-24(7) excepts "the lawful carrying of a firearm or other dangerous weapon in a county courthouse incident to a hunter safety or a gun safety course or for any other lawful purposes," while SDCL 22-14-25 leaves each court its own contempt and rulemaking power over weapons within any building housing the court and on grounds pertinent to it, except as to the authorizations SDCL 22-14-24 sets out. Ask the county first.
• Public elementary and secondary schools. SDCL 13-32-7 makes possession there a Class 1 misdemeanor, and both of its permit-based exceptions, the one for a holder twenty-one or older with an enhanced permit and written permission from the principal or other person who has general control and supervision of the building or grounds, and the one for a permit holder inside a motor vehicle, or outside it securing a pistol in or retrieving a pistol from the vehicle, run on a permit "issued in accordance with chapter 23-7." That is a South Dakota permit.

If you move here, your old permit does not convert. The FAQ is explicit that pistol permits from other states "are not transferable for South Dakota permits," and you apply at the sheriff's office in your county of residence.

Leaving South Dakota: why residents still get a permit

South Dakota issues three permits, each valid for five years under SDCL 23-7-8.2, SDCL 23-7-55, and SDCL 23-7-63, and the differences are what other states weigh:

• Regular permit. Issued by the sheriff of the county where you reside under SDCL 23-7-7, on the SDCL 23-7-7.1 criteria, including being eighteen or older and passing a background investigation with a National Instant Criminal Background Check.
• Gold card permit. SDCL 23-7-60 requires the applicant's fingerprints for submission to the FBI for a state, national, and international criminal background check, and SDCL 23-7-61 conditions the sheriff's issuance of the temporary gold card permit, within thirty days of application, on passing both that fingerprint check and a NICS check.
• Enhanced permit. SDCL 23-7-53 requires that same fingerprint submission to the FBI, plus proof, within the preceding twelve months, of either a qualifying handgun course or, for a current or former law enforcement officer, qualification on a certified shooting course administered by an instructor approved by the Law Enforcement Officers Standards Commission. SDCL 23-7-58 defines that course, which must be taught by an NRA certified instructor holding a current South Dakota Division of Criminal Investigation use of force certificate and must include live fire of at least ninety-eight rounds. Under SDCL 23-7-55 the enhanced permit is valid only when carried with a government issued photo identification.

That layering matters. SDCL 23-7-7.3 asks whether another state's issuance statutes meet or exceed South Dakota's, and the enhanced permit is the one built on a fingerprint-based FBI check plus training rather than a name check alone. On the Secretary of State's 03/31/2026 grid, six states accepted the enhanced permit and no other South Dakota permit.

Keeping the permit in a condition another state will accept

Recognition abroad runs on a valid permit:

• Grace periods. SDCL 23-7-8.13 gives a thirty-day grace period after expiration during which the holder may continue to carry. SDCL 23-7-8.14 withholds that grace from a holder who committed a crime that would make it unlawful to own or possess a gun, or who was denied renewal for a reason in SDCL 23-7-7.1. Nothing in SDCL 23-7-8.13 binds another state, so renew before you travel rather than testing it.
• Automatic revocation. Under SDCL 23-7-64, a gold card or enhanced permit is automatically revoked if the holder stops meeting the SDCL 23-7-7.1 requirements or becomes prohibited under state law or 18 U.S.C. 922(g) or 922(n), and it must be returned at once to the county sheriff.
• Name and address. SDCL 23-7-69 requires written notice to the Secretary of State of a name change by marriage or court order and of a change of physical address.

What the Secretary of State's grid said on 03/31/2026

The Secretary of State publishes a reciprocity map and a Reciprocity Grid dated 03/31/2026. The grid is framed outbound, as where a South Dakota resident may carry, and on that date it sorted the other forty-nine states into four groups:

• Regular, gold card, and enhanced all accepted (31 states): Alabama, Alaska*, Arizona, Arkansas, Colorado*, Florida*, Georgia*, Idaho, Indiana, Iowa, Kansas*, Kentucky*, Louisiana*, Maine, Michigan*, Mississippi, Missouri, Montana, New Hampshire, North Carolina*, North Dakota, Ohio, Oklahoma, Pennsylvania*, Tennessee*, Texas, Utah*, Vermont, Virginia*, West Virginia*, Wyoming*.
• Gold card carry permitted: Wisconsin and Washington.
• Enhanced carry permitted: Delaware, Minnesota, Nebraska*, Nevada, South Carolina, Washington*, Wisconsin, New Mexico*. Washington and Wisconsin appear under both this heading and the gold card heading.
• States where a South Dakota resident may not carry concealed: California, Connecticut, Hawaii, Illinois, Maryland, Massachusetts, New Jersey, New York, Oregon, Rhode Island.

The asterisk means recognition only for permits issued to those twenty-one years of age or older.

Treat that as a dated snapshot, not a standing rule. The Secretary of State's page carries two warnings: "Concealed weapons permit holders are responsible for checking with the proper authorities prior to carrying concealed weapons," and "Other states do not always notify our office of law changes." Pull the current grid from the Concealed Carry Reciprocity page before any trip.

The twenty-one asterisk and the eighteen to twenty permit holder

South Dakota issues to adults at eighteen under SDCL 23-7-7.1(1). Fifteen of the thirty-one states in the grid's top group carried the asterisk on 03/31/2026. For the enhanced permit, SDCL 23-7-54.2 sets the age at twenty-one and gives an eighteen to twenty year old applicant who otherwise qualifies a temporary restricted enhanced permit clearly designated as such. SDCL 23-7-54.4 lets the holder of an unexpired restricted enhanced permit swap it for an unrestricted one at no additional cost on turning twenty-one. If you are under twenty-one, the asterisked states on the grid are closed to you even though your permit is valid in South Dakota.

Campus carry and the "reciprocal permit"

Two 2025 sections put a reciprocity term into the statutes governing South Dakota's public postsecondary boards. SDCL 13-53-56 bars the Board of Regents and its institutions, and SDCL 13-39A-43 bars the Board of Technical Education and its institutions, from restricting the lawful carrying, possession, storage, or transportation of a concealed pistol as defined in SDCL 22-1-2 "by any individual holding an enhanced permit, a restricted enhanced permit, or a reciprocal permit in accordance with chapter 23-7."

Two cautions. First, neither section defines "reciprocal permit," and the chapter's reciprocity provision, SDCL 23-7-7.3, confers authority on the attorney general and the secretary of state rather than creating a permit type an individual can hold. How a board applies the term to an out-of-state permit holder is not answered by these sections, so ask the institution and the Secretary of State first. Second, the protection is not absolute: SDCL 13-53-57 and SDCL 13-39A-44 let the boards restrict carry in four enumerated settings: a clearly designated portion of a building holding listed hazards such as flammable liquids, hazardous materials, gas cylinders, or magnetic resonance imaging equipment; a controlled-particulate room used for manufacturing or scientific research; a clearly designated portion under a facility or federal security clearance; and an entire building or structure during a special event with metal detectors and armed security personnel at every public entrance. They also require the item to be stored in a locked case or safe when not carried or possessed.

Officers: LEOSA is a separate track

Qualified law enforcement officers under 18 U.S.C. 926B and qualified retired officers under 18 U.S.C. 926C may carry a concealed firearm notwithstanding state law, provided they carry the identification each section requires. Neither section overrides a state law permitting private property owners to bar firearms, or a state law restricting firearms on state or local government property, installations, buildings, bases, or parks. SDCL 22-14-24(4) writes LEOSA into the capitol rule, excepting possession of a concealed pistol in the state capitol by a qualified law enforcement officer or qualified retired officer under the Law Enforcement Officers Safety Act of 2004.

Federal rules reciprocity does not solve

• School zones. The Gun-Free School Zones Act exception at 18 U.S.C. 922(q)(2)(B)(ii) applies only if the person "is licensed to do so by the State in which the school zone is located or a political subdivision of the State," and only where that state or subdivision's law requires its law enforcement authorities to verify the applicant's eligibility before the license issues. A South Dakota permit does not qualify you in another state's school zone.
• Driving through a closed state. 18 U.S.C. 926A protects transport of a firearm from a place where you may lawfully possess and carry it to another such place, if the firearm is unloaded and neither it nor the ammunition is readily accessible or directly accessible from the passenger compartment. In a vehicle without a separate compartment, the firearm or ammunition must be in a locked container other than the glove compartment or console.

Before you travel, check the destination state directly.

South Dakota Concealed Carry Resources

This is a reference list of authoritative sources for South Dakota concealed-carry law, permit applications, training, reciprocity, and federal-law interactions. Items are organized by issuing agency or category.

South Dakota State Government

South Dakota Secretary of State - Concealed Pistol Permits Office

The Secretary of State's office is the central state authority on permit issuance, reciprocity agreements, and statutory forms.

• Website: sdsos.gov (search for "Concealed Pistol Permits")
• Concealed Pistol Permits FAQ
• Reciprocity agreement list and downloadable map
• Application forms for Regular, Enhanced, and Gold Card permits
• Permit-renewal forms
• Address and name-change notification forms
• Statutory citations: SDCL Sections 23-7-7 through 23-7-72

South Dakota Codified Laws

Official state statute online publication.

• Website: sdlegislature.gov/statutes
• Title 22, Chapter 14 (Weapons)
• Title 22, Chapter 16 (Homicide)
• Title 22, Chapter 18 (Assaults and Personal Injuries; Use of Force)
• Title 23, Chapter 7 (Firearms Control; Concealed Pistol Permits)
• Title 13, Chapter 32 (Firearms on School Premises)
• Title 13, Chapter 53 (State University Concealed Carry)
• Title 13, Chapter 39A (Technical College Concealed Carry)

South Dakota Attorney General

The Attorney General compares South Dakota's permit-issuance statutes with other states for reciprocity certification.

• Website: atg.sd.gov
• Office: Pierre, SD
• Phone: (605) 773-3215
• Functions: Reciprocity certification under SDCL Section 23-7-7.3; criminal-law guidance; opinions on firearm-law preemption disputes
• Attorney-general opinions: Archived and searchable on the AG website

South Dakota Department of Public Safety - Highway Patrol

Responsible for State Capitol security and for receiving advance notice of concealed pistol permit holders intending to carry in the Capitol.

• Website: dps.sd.gov
• Office: Pierre, SD
• Capitol notice procedure: 24-hour advance oral or written notice required under SDCL Section 22-14-24(5)

South Dakota Division of Criminal Investigation (DCI)

Conducts criminal background investigations for Gold Card permit FBI fingerprint checks and certifies instructors for Enhanced Permit qualifying handgun courses.

• Website: atg.sd.gov/criminal/dci.aspx
• Office: Pierre, SD
• Phone: (605) 773-3331
• Functions: NICS check coordination; Enhanced Permit instructor certification on use of force

South Dakota Game, Fish and Parks

Issues hunting licenses, regulates hunting carry, and operates state-land use rules.

• Website: gfp.sd.gov
• Hunting regulations: Published annually for big game, small game, and special seasons
• Suppressor use: Authorized for legal take of game per Commission policy

South Dakota Department of Education

Oversees K-12 school-premises firearms rules (SDCL Section 13-32-7).

• Website: doe.sd.gov

County Sheriffs

Each of South Dakota's 66 counties has a sheriff who is the principal local concealed-pistol-permit-issuing authority. Application is made in the county of residence.

• Find your county sheriff at sdsheriffs.org or via the South Dakota Sheriffs' Association.
• Permit application is filed in person (or electronically where the sheriff accepts e-filing).
• Background check is initiated by the sheriff under SDCL Section 23-7-7.

Contact your county sheriff for:

• Regular Permit applications and fees
• Enhanced Permit applications, fees, and approved instructor lists
• Gold Card Permit applications, fees, and fingerprinting
• Renewal applications and grace-period windows
• Lost or stolen permit reports

Major South Dakota population centers and their county sheriffs:

• Minnehaha County (Sioux Falls): minnehahacountysheriff.org; (605) 367-4300
• Pennington County (Rapid City): pennco.org/sheriff; (605) 394-6116
• Lincoln County (south of Sioux Falls): lincolncountysd.org; (605) 764-5651
• Brown County (Aberdeen): brown.sd.us; (605) 626-7100
• Codington County (Watertown): codington.org/sheriff; (605) 882-6280

Federal Government

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)

Federal regulator of firearms, including the National Firearms Act, the Federal Firearms License system, and the NICS-alternative Brady Permit Chart.

• Website: atf.gov
• Brady Permit Chart: atf.gov/firearms/identify-prohibited-persons (locate the current chart of state permits that ATF recognizes as NICS-alternatives)
• South Dakota field offices: Sioux Falls (605-330-4366) and Rapid City (605-348-9520)
• NFA Division: For Form 4, Form 1, Form 5 processing

Federal Bureau of Investigation - NICS

Conducts the National Instant Criminal Background Check System check used in South Dakota for all permit applications, all dealer firearm sales, and all NFA transfers.

• Website: fbi.gov/services/cjis/nics

United States Attorney for the District of South Dakota

Prosecutes federal firearm offenses (18 U.S.C. Sections 922 and 924) in South Dakota.

• Website: justice.gov/usao-sd
• Offices: Sioux Falls, Pierre, Rapid City

Drug Enforcement Administration

Federal scheduling authority for controlled substances; relevant to the 18 U.S.C. Section 922(g)(3) "unlawful user of controlled substance" disability.

• Website: dea.gov

Training and Education

NRA Training

The qualifying-handgun-course requirement for the Enhanced Permit (SDCL Section 23-7-58) requires an NRA-certified instructor who also holds a current South Dakota DCI use-of-force certificate.

• NRA instructor directory: nrainstructors.org
• NRA Basic Pistol course (commonly used as the entry-level prerequisite)
• NRA Personal Protection courses (advanced)

South Dakota Hunter Education

South Dakota Game, Fish and Parks operates a hunter-education program that covers firearm safety. The course is required for many hunting-license categories and is a useful general introduction.

• Website: gfp.sd.gov/hunter-education

Local Ranges and Schools

The South Dakota Shooting Sports Association maintains a roster of ranges and schools. Notable training providers:

• Black Hills Shooters Supply (Rapid City)
• Sioux Falls Ranges - various private ranges
• South Dakota Firearms Academy (instructor location varies)

Advocacy and Legal Information

South Dakota Gun Owners

State-level Second Amendment advocacy organization. Tracks legislation, publishes voter guides, and maintains a member alert system.

• Website: southdakotagunowners.org

NRA-ILA - South Dakota

National Rifle Association Institute for Legislative Action page for South Dakota gun-law tracking, court-case summaries, and federal-state interactions.

• Website: nraila.org/states/south-dakota

Giffords Law Center

Gun-violence-prevention organization that publishes detailed state-by-state law summaries.

• Website: giffords.org/lawcenter (search "South Dakota")
• Provides a different vantage point on the same statutes; useful for comparison and for citation to the underlying SDCL provisions

USCCA - South Dakota

United States Concealed Carry Association state page; carry-insurance products and state-law summaries.

• Website: usconcealedcarry.com (search "South Dakota")

Handgun Law US

Independent reciprocity-tracking website.

• Website: handgunlaw.us
• South Dakota state page with current reciprocity matrix

Reciprocity Resources

• South Dakota Secretary of State reciprocity list and map: sdsos.gov
• ATF Brady Permit Chart for federal NICS-alternative recognition: atf.gov
• Each destination state's published reciprocity chart (check before traveling armed)

Court Information

• South Dakota Unified Judicial System: ujs.sd.gov
• Circuit court (the court of general jurisdiction; where firearm-law cases are tried, where Regular Permit revocation petitions are filed)
• South Dakota Supreme Court: ujs.sd.gov (opinions on use-of-force, Stand Your Ground, and search-and-seizure cases applying to firearm carriers)

Federal Court Information

• United States District Court for the District of South Dakota: sdd.uscourts.gov
• United States Court of Appeals for the Eighth Circuit: ca8.uscourts.gov (controlling federal-court jurisprudence for South Dakota)

Emergencies

• Statewide non-emergency law enforcement: 911 (or your local non-emergency line)
• Suicide and Crisis Lifeline: 988
• National Domestic Violence Hotline: 1-800-799-7233
• ATF Stolen Firearm Reporting: ATF24Tips@atf.gov or 1-888-ATF-TIPS

Verifying Current Information

State and federal firearm laws change frequently. The 2025 legislative session (Session Laws 2025 Chapters 36 and 86) substantially altered South Dakota's framework. Before relying on any source above:

1. Verify against the current SDCL text at sdlegislature.gov.
2. Check the Secretary of State's permit FAQ for current fees and processing times.
3. Verify federal-law overlay against the current C.F.R. and U.S.C. text on govinfo.gov.
4. Consult a South Dakota-licensed attorney for case-specific questions.

The author of this guide is not a South Dakota-licensed attorney; this guide is informational and is not legal advice.

South Dakota Firearm Laws: Other Topics

This section covers South Dakota firearm rules that do not fit cleanly into the other sections of this guide: private sales, dealer transfers, ammunition rules, magazine capacity, juvenile sales prohibitions, mental-health prohibitor mechanics, civil immunity for justified use of force, enhanced penalties for using a firearm during a felony, hunting regulation, and the federal-law overlay.

Private Sales and Background Checks

South Dakota does not require a background check or any documentation for a private sale of a firearm between two South Dakota residents. The state has no universal-background-check law. SDCL Section 23-7-8.6 specifically prohibits the state and political subdivisions from keeping a list, record, or registry of privately owned firearms.

Federal law (18 U.S.C. Section 922(d)) prohibits any person from transferring a firearm to a prohibited person, regardless of whether the transfer happens through a dealer or privately. The transferor in a private sale is criminally liable if the transferee is a prohibited person and the transferor knew or had reasonable cause to believe so. Private-seller best practice: ask the buyer to provide a valid South Dakota concealed pistol permit (which requires a NICS check) or a valid driver's license, retain a bill of sale, and decline the sale if the seller has any concern about the buyer.

Dealer Transfers and the NICS Check

A Federal Firearms Licensee operating in South Dakota must perform a NICS check on every transfer to a non-licensee, except where the buyer's South Dakota Gold Card Permit (or any other state permit on the ATF's current Brady Permit Chart) qualifies as a NICS-alternative.

The Regular Permit and Enhanced Permit historically have not appeared on the ATF Brady Permit Chart, so a Regular or Enhanced Permit holder buying a handgun from a dealer is subject to a NICS check at the point of sale. Always verify the current ATF chart at atf.gov.

ATF Form 4473 is required for every dealer transfer.

Ammunition

There are no South Dakota laws restricting the type or quantity of ammunition civilians may purchase or possess. Armor-piercing handgun ammunition (as defined under 18 U.S.C. Section 921(a)(17)) is restricted by federal law - manufacture is restricted to government uses; civilian possession of ammunition meeting the federal definition is restricted.

Tracer, incendiary, and explosive ammunition is regulated by federal law (some types fall within the National Firearms Act as "destructive devices"). South Dakota does not add state-law restrictions beyond the federal rule.

Sales tax (currently 4.2% state plus county and municipal) applies to ammunition.

Magazine Capacity

South Dakota has no magazine-capacity limit. There is no "assault weapons" ban. A South Dakota resident may purchase, possess, sell, and transport magazines of any capacity allowed by federal law (which imposes no general capacity limit on civilians).

Sales to Juveniles

Federal law (18 U.S.C. Section 922(x)) prohibits sale or transfer of a handgun or ammunition for a handgun to a person under 18. South Dakota law parallels this through the prohibited-person and minor-supervision provisions in SDCL Chapter 23-7 and SDCL Section 23-7-71.

A long gun may be sold to a person 18 or older. Federal law restricts sale of a long gun by a Federal Firearms Licensee to a person under 18 (18 U.S.C. Section 922(b)(1)). Private sales of long guns to a person 18 or older are not federally restricted, subject to the prohibited-person bar.

Mental-Health Prohibitor

A person involuntarily committed for mental-health treatment under SDCL Chapter 27A becomes a prohibited person under federal 18 U.S.C. Section 922(g)(4). The prohibition is permanent unless lifted by an administrative-relief program under the NICS Improvement Amendments Act of 2007 (18 U.S.C. Section 925(c)). South Dakota does not currently operate a fully-funded NICS-IAA restoration program.

The state-law eligibility provision in SDCL Section 23-7-7.1(5) bars permit issuance to any person "found in the previous ten years to be a danger to others or self, or currently adjudged mentally incompetent." This is a permit-eligibility bar, not a possession bar - federal law continues to apply.

A person reporting concerns about a family member's behavioral health may contact local law enforcement for a welfare check. The responding officers will assess whether the SDCL Chapter 27A involuntary-commitment standard is met. See the RED_FLAG section for additional discussion.

Civil Immunity for Justified Use of Force

South Dakota's Stand Your Ground and Castle Doctrine framework (SDCL Sections 22-18-4 through 22-18-4.9) does not contain a separate pretrial-immunity hearing mechanism. The justification analysis is conducted as part of the criminal proceeding under SDCL Section 22-18-3's burden-shifting framework.

For civil liability, a person whose use of force is criminally justified under Section 22-18-4.1 or Section 22-18-4.2 has a defense to a civil tort claim arising from the same use of force. The civil-immunity defense is not automatic - it must be asserted as an affirmative defense.

A separate civil-immunity provision protects firearm instructors who teach the Enhanced Permit qualifying handgun course (SDCL Section 23-7-59.1): instructors are not liable for a student's conduct unless the instructor engaged in gross negligence or willful or wanton misconduct.

Permit-issuing authorities are immune from civil liability for injury or wrongful death arising from issuance of a permit in accordance with Chapter 23-7 (SDCL Section 23-7-7.2).

Enhanced Penalties for Firearm Use in Felonies

SDCL Section 22-14-12 (Commission of felony while armed) makes the use of a firearm during the commission of any felony a separate offense, with sentence enhancement. The state-law enhancement runs concurrently with the federal sentence-enhancement provisions under 18 U.S.C. Section 924(c).

SDCL Section 22-14-13 (Hostage-taking) and SDCL Section 22-14-14 (Drive-by shooting) carry separate enhanced penalties for firearm-related conduct.

Hunting Firearms

Hunting in South Dakota is regulated by South Dakota Game, Fish and Parks under SDCL Title 41. Hunting-licensing and -seasonal rules are separate from the concealed-pistol-permit framework. A hunter on a state park or wildlife management area is not required to hold a concealed-pistol permit to carry a firearm in connection with the hunt - the hunting license and the hunter-education certificate are the operative authorities.

Suppressor use is permitted for legal take of game (Game, Fish and Parks Commission policy).

Antique Firearms

Antique firearms - generally those manufactured before 1899 or replicas of pre-1899 designs that are not designed or modified to fire fixed ammunition (or are designed to fire fixed ammunition that is no longer commercially available) - are exempt from the federal Gun Control Act under 18 U.S.C. Section 921(a)(16). They may be purchased without a NICS check at the federal level. South Dakota does not add state-law restrictions beyond the federal exemption.

Federal Firearms Licenses in South Dakota

A South Dakota resident wishing to deal in firearms must obtain a Federal Firearms License from the ATF. The application process under 27 C.F.R. Part 478 includes a background check, premises inspection, and state-law business licensing under SDCL Title 10. There is no separate South Dakota state-level firearm-dealer license.

Reporting Lost or Stolen Firearms

Federal law (27 C.F.R. Part 478) requires a Federal Firearms Licensee to report stolen firearms within 48 hours. There is no parallel state-law deadline for a private owner. Most carriers report a stolen firearm to local law enforcement immediately, both as a matter of personal liability mitigation and to facilitate recovery.

Recordkeeping

South Dakota does not require a private owner to maintain records of firearms purchased, owned, sold, or transferred. The state's prohibition on a firearm registry (SDCL Section 23-7-8.6) operates against the state - not against private owners.

Federal Lawful Commerce Shield

The Protection of Lawful Commerce in Arms Act (15 U.S.C. Sections 7901 through 7903) provides a federal liability shield to firearm manufacturers, distributors, and dealers against most civil claims arising from criminal misuse of a firearm by a third party. The shield does not apply to manufacturing defects, design defects, negligent entrustment, or knowing violation of state or federal law in the sale of the firearm. PLCAA applies in South Dakota.

Drug-Use Disability and 2A

The federal 18 U.S.C. Section 922(g)(3) bar on firearm possession by unlawful users of controlled substances is currently the subject of significant Bruen-era Second Amendment litigation in the federal courts of appeals. The Eighth Circuit (which includes South Dakota) has not yet issued a controlling Bruen-framework decision on Section 922(g)(3) as of the publication date of this guide. The federal bar continues to apply in South Dakota pending further appellate development.

Sources

• SDCL Sections 22-14-12, 22-14-13, 22-14-14 (Enhanced firearm-use penalties)
• SDCL Section 22-14-15 (Felon in possession)
• SDCL Section 22-1-2(6) (Definition of "concealed")
• SDCL Section 23-7-7.1 (Permit eligibility)
• SDCL Section 23-7-7.2 (Permit-authority immunity)
• SDCL Section 23-7-8.6 (No registry)
• SDCL Section 23-7-59.1 (Instructor immunity)
• 18 U.S.C. Section 921(a)(16) (Antique firearm definition)
• 18 U.S.C. Section 921(a)(17) (Armor-piercing ammunition definition)
• 18 U.S.C. Section 922(b)(1) (Federal long-gun age limit)
• 18 U.S.C. Section 922(d) (Federal transfer-to-prohibited-person bar)
• 18 U.S.C. Section 922(g) (Federal prohibited persons)
• 18 U.S.C. Section 922(x) (Federal handgun-to-juvenile bar)
• 18 U.S.C. Section 924(c) (Federal firearm-during-felony enhancement)
• 27 C.F.R. Part 478 (Federal Firearms License regulations)
• 27 C.F.R. Part 478 (Stolen-firearm reporting)
• 15 U.S.C. Sections 7901 through 7903 (PLCAA)