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)

South Dakota Concealed Carry Laws Overview

The Headline

South Dakota is a constitutional-carry state. Effective July 1, 2019, Governor Kristi Noem signed House Bill 1056 (later codified in amendments to SDCL Section 23-7-7 and related chapter 23-7 provisions), eliminating the permit requirement for concealed pistol carry. Any adult 18 years of age or older who is not otherwise prohibited from possessing a firearm under state or federal law (18 U.S.C. Section 922(g)) may carry a pistol openly or concealed in South Dakota without a permit. SDCL Section 23-7-7 expressly states that issuing a permit "does not impose a general prohibition on the carrying of a pistol without a permit," and permitless carry applies equally to residents and lawful out-of-state visitors.

South Dakota did not abolish its permit system. The state continues to issue three tiers of concealed pistol permits, each administered by the county sheriff under SDCL Chapter 23-7. The Regular Permit under Section 23-7-7 requires a NICS background check and a sworn application; it issues within five days. The Enhanced Permit under Section 23-7-53 adds a qualifying handgun course with at least 98 rounds of live fire and unlocks campus carry and broader reciprocity. The Gold Card Permit under Section 23-7-60 adds an FBI fingerprint-based national background check and is recognized by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives as a Brady Permit Chart NICS-alternative for handgun purchases - the only South Dakota permit that historically appears on that chart. All three permits are valid for five years (Sections 23-7-8.2, 23-7-55, 23-7-63).

Self-defense is governed by SDCL Chapter 22-18, with the modern framework established by Session Laws 2021 Chapter 93. Section 22-18-4 authorizes non-deadly defensive force with no duty to retreat. Section 22-18-4.1 codifies Stand Your Ground for deadly force when the actor is not engaged in criminal activity and is in a place where the actor has a right to be. Section 22-18-4.2 codifies the Castle Doctrine for dwellings and residences. Section 22-16-34 describes justifiable homicide in defense of person, habitation, or property.

Who Can Carry Without a Permit

Under SDCL Section 23-7-7 as amended by HB 1056 (2019), the permitless-carry rule applies if all of the following are true:

• You are at least 18 years of age.
• You are in lawful possession of the pistol (not stolen, not contraband).
• You are not a prohibited person under federal law (18 U.S.C. Section 922(g)) or South Dakota law - this includes felons, persons adjudicated mentally incompetent, fugitives, dishonorable-discharge veterans, persons subject to qualifying protection orders, and unlawful users of controlled substances.

If any one of these conditions fails, the underlying offense of carrying a concealed pistol without a permit under prior SDCL Section 22-14-9 (now substantially modified) may still be charged against a prohibited person, and the permitless-carry exception is unavailable. Constitutional-carry status also does not exempt the carrier from posted-property rules, statutory location bans, or federal location bans (post offices, federal buildings, secure airport areas, military installations, and the federal Gun-Free School Zone Act for non-licensed carriers).

Persons under 18 may not carry a concealed pistol except in the presence of a parent or legal guardian (SDCL Section 23-7-71).

Three-Tier Permit System

South Dakota's three concealed pistol permits remain valuable post-constitutional-carry for reciprocity, federal NICS-alternative status, college and university campus carry under Session Laws 2025 Chapter 86, and quicker resolution of out-of-state encounters.

Regular Permit (SDCL Section 23-7-7)

• Authority: Concealed carry of a pistol throughout South Dakota and in reciprocity states.
• Issuing authority: Sheriff of the county where the applicant resides.
• Background check: NICS plus a sheriff's computer-records review. INTERPOL check required for non-U.S. citizens.
• Processing time: Temporary permit must issue within five days of application if requirements are met (SDCL Section 23-7-7.1).
• Duration: Five years (SDCL Section 23-7-8.2).
• County reimbursement fee: $3 to the county under SDCL Section 23-7-72 (the sheriff may charge a small additional county-set fee).

Enhanced Permit (SDCL Section 23-7-53)

• Authority: All Regular Permit privileges, plus broader reciprocity, plus authorization to carry concealed on state university and technical college campuses under Session Laws 2025 Chapter 86 (SDCL Sections 13-53-56, 13-39A-43).
• Training: Qualifying handgun course taught by an NRA-certified instructor who also holds a current South Dakota Division of Criminal Investigation use-of-force certificate. Curriculum must include South Dakota firearms and use-of-force law, safe handgun handling, self-defense principles, and live-fire training of at least 98 rounds (SDCL Section 23-7-58).
• Age 18 to 20: Issued a temporary restricted enhanced permit until age 21, then converts to unrestricted on application (SDCL Sections 23-7-54.2, 23-7-54.4).
• Carry rule: Must be carried with government-issued photo ID (SDCL Section 23-7-55).
• Duration: Five years; renewable from 365 days before expiration to 30 days after, with refresher course and background check (SDCL Section 23-7-56).
• County reimbursement fee: $50 initial, $25 renewal (SDCL Section 23-7-72).

Gold Card Permit (SDCL Section 23-7-60)

• Authority: All Regular Permit privileges, plus federal recognition as a Brady NICS-alternative permit on the ATF's published chart (a Gold Card holder may purchase handguns from a Federal Firearms Licensee without a separate NICS check at the point of sale - always verify against the current ATF Brady Permit Chart at atf.gov).
• Background check: Fingerprint submission to the FBI for state, national, and international criminal background investigation, plus authorization for review through the South Dakota Division of Criminal Investigation.
• No training requirement beyond the standard Regular Permit eligibility.
• Processing time: Temporary permit within 30 days of application (SDCL Section 23-7-61).
• Duration: Five years (SDCL Section 23-7-63). Renewal window opens 180 days before expiration and closes 30 days after, requiring a NICS check (SDCL Section 23-7-62).
• County reimbursement fee: $30 initial and renewal (SDCL Section 23-7-72).

What Constitutional Carry Did Not Change

Permit holders and permitless carriers face the same location restrictions. The 2019 law removed the permit requirement; it did not repeal the substantive location bans codified primarily in SDCL Chapter 22-14.

South Dakota statute prohibits carrying a firearm, for permit holders and permitless carriers alike, in:

• County courthouses, under SDCL Section 22-14-23, with narrow lawful-purpose exceptions in Section 22-14-24 (a concealed permit is not a defense per Section 22-14-27; the county commission may waive under Section 22-14-28).
• School premises, including elementary, secondary, post-secondary, and any school building or school-sponsored activity, under SDCL Section 13-32-7 (with limited carve-outs after Session Laws 2025 Chapter 36 for permit holders' vehicle storage).
• The State Capitol without 24-hour advance notice (oral or written) to the Highway Patrol identifying the date or range of dates (SDCL Section 22-14-24(5)).
• Administrative hearing rooms when the agency restricts weapons (SDCL Section 1-26-6.10).
• Any private property posted against firearms or where the property owner has communicated an objection.
• Federal facilities and locations prohibited by federal law (post offices, federal courthouses, secure airport areas, military installations, and the federal 1,000-foot Gun-Free School Zone for non-licensed carriers).

A 2025 reform package (Session Laws 2025 Chapter 36) repealed SDCL Section 23-7-70 (which had prohibited carry in establishments serving alcohol) and prohibits local governments from restricting concealed carry by their own employees, officers, and volunteers in government buildings, facilities, and vehicles.

Self-Defense Framework

Stand Your Ground (SDCL Section 22-18-4.1). Deadly force is justified when the actor reasonably believes it is necessary to prevent imminent death or great bodily harm to himself or another, or to prevent the imminent commission of a forcible felony. There is no duty to retreat, provided the actor is not engaged in criminal activity and is in a place where the actor has a right to be. The NRA-ILA has described South Dakota's statutory language as among the strongest stand-your-ground provisions in the United States.

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 has no duty to retreat and may stand the person's ground using or threatening any non-deadly or deadly force the person reasonably believes is necessary. The statute's definitions of "dwelling" and "residence" (SDCL Section 22-18-3.1) sweep in tents, campers, motorhomes, and any other conveyance whether mobile or immobile, plus attached garages and porches.

Defense of others, property, and devices. SDCL Sections 22-18-4.3 through 22-18-4.9 address defense of third persons, defense of property, use of mechanical devices for property protection, and related issues. Section 22-16-34 codifies justifiable homicide.

Immunity. South Dakota's statutory scheme does not provide the explicit pretrial-immunity hearing process some Stand Your Ground states have. A defense based on Section 22-18-4.1 or 22-18-4.2 is asserted in the criminal proceeding under the burden-shifting framework in Section 22-18-3.

Duty to Inform

South Dakota imposes no statutory duty on a permit holder or permitless carrier to volunteer to a law enforcement officer that they are armed. If the officer asks, the carrier must answer truthfully; lying to a peace officer is a separate offense. Most South Dakota instructors recommend voluntary disclosure during a traffic stop, both to defuse the encounter and because the licensee's permit data is visible to dispatch when the officer runs the driver's license.

Reciprocity and Travel

South Dakota recognizes valid concealed-carry permits issued by all other U.S. states for visitors lawfully entitled to possess a pistol. This universal-recognition rule operates whether or not a formal reciprocity agreement exists. Outbound reciprocity for South Dakota permit holders is broader for Enhanced and Gold Card permits than for the Regular Permit. Several states (including Illinois) decline to recognize South Dakota's Regular Permit but recognize the Enhanced or Gold Card; always consult the target state's published permit chart and the South Dakota Secretary of State's reciprocity list (sdsos.gov) before traveling armed.

Plain-English Bottom Line

If you are at least 18, are not a prohibited person, and have lawful possession of a pistol, you may carry it openly or concealed in South Dakota without applying for anything. The three permits remain useful: the Regular for reciprocity with most permit-honoring states; the Enhanced for live-fire-trained carriers who want campus carry and broader reciprocity; and the Gold Card for those who want their permit to function as a federal Brady NICS-alternative at the gun counter and for international-background-check verification.

Permit Basics

Permitless (Constitutional) Carry

South Dakota is a permitless carry state. As of July 1, 2019, individuals who are at least 18 years old and legally eligible to possess a firearm may carry a concealed pistol without a permit. The issuance of a concealed carry permit "does not impose a general prohibition on the carrying of a pistol without a permit" (SDCL Section 23-7-7).

Persons under 18 may not carry a concealed pistol except in the presence of a parent or legal guardian (SDCL Section 23-7-71).

Permit Types

South Dakota offers three tiers of concealed pistol permits, each providing additional recognition or privileges:

All permits are valid throughout the state and are issued to a specific person only - they may not be transferred (SDCL Section 23-7-8.3).

Regular Permit

Issuing authority: The sheriff of the county in which the applicant resides (SDCL Section 23-7-7).

Application process: Applications are filed either electronically or in triplicate on a form prescribed by the Secretary of State. Required information includes complete name, address, occupation, place and date of birth, country of citizenship, physical description, and a sworn statement (SDCL Section 23-7-8).

Background check: The sheriff must conduct a background investigation including a computer check of available online records and a check through the National Instant Criminal Background Check System (NICS). If an INTERPOL check is required, the sheriff has three business days after receiving the response to issue the permit (SDCL Section 23-7-7, 23-7-7.6).

Temporary permit: Must be issued within five days of application if all requirements are met (SDCL Section 23-7-7.1).

Duration: Valid for five years from the date of issuance (SDCL Section 23-7-8.2).

Eligibility Requirements (All Permit Types)

Under SDCL Section 23-7-7.1, an applicant must:

1. Be 18 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
3. Not be habitually in an intoxicated or drugged condition
4. Have no history of violence
5. Not have been found in the previous ten years to be a danger to others or self, or currently adjudged mentally incompetent
6. Have physically resided in the county for at least 30 days immediately preceding the application
7. Have had no violation of SDCL chapters 23-7 (firearms control), 22-14 (riots/unlawful assemblies), or 22-42 (controlled substances) constituting a felony or misdemeanor in the five years preceding the application, and not be currently charged for such offenses
8. Be a citizen or legal resident of the United States
9. Not be a fugitive from justice
10. Not be otherwise prohibited by state or federal law (18 U.S.C. Section 922(g) and (n)) from possessing firearms, and pass a NICS check

Non-U.S. citizens must provide any alien or admission number from the Bureau of Immigration and Customs Enforcement (SDCL Section 23-7-8).

Active duty military personnel (or their spouses) with a home of record in South Dakota are exempt from the 30-day county residency requirement (SDCL Section 23-7-7.5).

Enhanced Permit

The enhanced permit requires, in addition to the regular permit requirements, completion of a qualifying handgun course (SDCL Section 23-7-53).

Qualifying handgun course requirements (SDCL Section 23-7-58):

• Must be taught by an NRA-certified instructor who also holds a current certificate of completion from the South Dakota Division of Criminal Investigation on the use of force
• Instruction must cover:
  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 at least 98 rounds fired by the student

Age provisions: Enhanced permits are available to applicants 18 and older. Applicants aged 18 to 20 receive a temporary restricted enhanced permit; upon reaching age 21, they may request an unrestricted enhanced permit (SDCL Section 23-7-54.2, 23-7-54.4).

Duration: Valid for five years (SDCL Section 23-7-55).

Significance: Enhanced permit holders (and reciprocal permit holders) are authorized to carry concealed pistols on public university and technical college campuses under legislation signed March 24, 2025 (SL 2025, ch 86; SDCL Section 13-53-56, 13-39A-43).

Gold Card Permit

The gold card permit requires the most extensive background check (SDCL Section 23-7-60):

• Submission of fingerprints to the FBI for a state, national, and international criminal background check
• Authorization for criminal background check processing through the Division of Criminal Investigation

Issuance timeline: The sheriff issues a temporary gold card permit within 30 days of application, provided the applicant passes all required checks (SDCL Section 23-7-61).

Duration: Valid for five years (SDCL Section 23-7-63).

Renewal: Requires passing a NICS check. The renewal window opens 180 days before expiration and closes 30 days after expiration (SDCL Section 23-7-62).

Permit Fees (County Reimbursement Schedule)

Under SDCL Section 23-7-72, the Secretary of State reimburses counties per permit issued:

Reimbursement applies to permits issued on or after July 1, 2022.

Renewal

• Regular permit: Renewal process per SDCL Section 23-7-8.11. A grace period applies (SDCL Section 23-7-8.13), though certain permit holders are excluded (SDCL Section 23-7-8.14).
• Enhanced permit: Renewal through the county sheriff; may require updated handgun course completion (SDCL Section 23-7-56).
• Gold Card permit: Renewal window is 180 days before to 30 days after expiration; requires NICS background check (SDCL Section 23-7-62).
• Deployed military: Special renewal provisions exist for deployed service members (SDCL Section 23-7-8.12).

Revocation

• Regular permit: A prosecuting attorney may apply to circuit court for an order to show cause why the permit should not be revoked. Upon court order after hearing, the permit holder must immediately surrender the permit to the county sheriff (SDCL Section 23-7-8.4).
• Enhanced and Gold Card permits: Automatically revoked upon failure to maintain eligibility requirements or becoming prohibited under state or federal law from possessing firearms. The permit holder must immediately return the permit to the county sheriff. If not returned, the sheriff shall secure its return (SDCL Section 23-7-64).
• Possession of a revoked enhanced or gold card permit is a Class 1 misdemeanor (SDCL Section 23-7-65). Failure to surrender upon lawful demand is also a Class 1 misdemeanor (SDCL Section 23-7-67).

Reciprocity

The attorney general compares South Dakota's permit issuance statutes with those of other states seeking reciprocity. The secretary of state may enter into reciprocity agreements after the attorney general confirms the other state's laws meet or exceed South Dakota's requirements (SDCL Section 23-7-7.3).

Privacy Protections

No state agency, political subdivision, or their employees may keep any list, record, or registry of privately owned firearms, firearm owners, or concealed pistol permit holders (SDCL Section 23-7-8.6). Limited exceptions exist for law enforcement, the secretary of state for permit issuance, and records of firearms used in crimes (SDCL Section 23-7-8.7).

Address and Name Changes

Permit holders must notify the Secretary of State in writing of any change in name (due to marriage or court order) or physical address. If the new address is within South Dakota, the Secretary of State must provide a new permit (SDCL Section 23-7-69).

Denial and Appeal

A person denied a permit may appeal to the circuit court pursuant to SDCL chapter 1-26 (SDCL Section 23-7-7.1).

Liability Limitation

An authority that issues a concealed pistol permit in accordance with chapter 23-7 is not liable for any injury, wrongful death, or damages resulting from the issuance (SDCL Section 23-7-7.2). Similarly, certified instructors are not liable for a student's conduct unless the instructor engaged in gross negligence or willful or wanton misconduct during instruction (SDCL Section 23-7-59.1).

Recent Legislative Changes (2025)

On March 24, 2025, Governor Larry Rhoden signed several firearms-related bills:

1. Campus carry (SL 2025, ch 86): Enhanced permit holders, restricted enhanced permit holders, and reciprocal permit holders may carry concealed pistols on state university and technical college campuses. Pistols must be stored in a locked case or safe when not carried. Institutions may restrict carry in areas with hazardous materials, security-cleared facilities, and special events with metal detectors and armed security (SDCL Section 13-53-56, 13-53-57, 13-39A-43, 13-39A-44).

2. Bar carry and local government preemption (SL 2025, ch 36): Repealed SDCL Section 23-7-70, which had prohibited concealed carry in establishments serving alcohol. Also prevents local governments from restricting concealed carry by their employees, officers, and volunteers in government buildings, facilities, and vehicles.

3. School property vehicle storage: Concealed carry permit holders may keep pistols inside a motor vehicle while on school property.

Concealed Carry Laws

Constitutional (Permitless) Carry

Since July 1, 2019, South Dakota has been a constitutional carry state. Both residents and nonresidents who may lawfully possess a pistol are not required to have a permit to carry a concealed pistol in the state (SDCL 23-7-7). The minimum age for permitless concealed carry is 18 years old.

The law explicitly states: "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" (SDCL 23-7-7).

Definition of "Concealed"

Under SDCL 22-1-2(6), "concealed" means any firearm that is totally hidden from view. If any part of the firearm is capable of being seen, it is not concealed.

Permit Types

South Dakota offers three types of concealed pistol permits, all valid for five years from the date of issuance (SDCL 23-7-8.2). Permits are obtained through the sheriff of the county in which the applicant resides (SDCL 23-7-7).

Regular Permit

• Fee: Set by county (contact local sheriff's office)
• Requirements: Background check including NICS check; must meet eligibility criteria under SDCL 23-7-7.1
• Processing time: Temporary permit issued within 5 days of application if requirements are met
• Renewal window: Beginning 90 days prior to expiration (SDCL 23-7-8.11)

Enhanced Permit

• Additional requirements beyond regular permit:
  • Completion of a qualifying handgun course taught by an NRA-certified instructor who also holds a current certificate from the SD Division of Criminal Investigation on use of force (SDCL 23-7-58)
  • Course must include: SD law relating to firearms and use of force, basic safe and responsible handgun use, self-defense principles, and live fire training with at least 98 rounds (SDCL 23-7-58)
  • Fingerprint-based background check
• Must be carried with government-issued photo ID (SDCL 23-7-8.2, 23-7-55)
• Renewal window: Beginning 365 days before expiration and ending 30 days after; requires passing background check and completing a renewal handgun course (SDCL 23-7-56)
• Age: Available to persons 18+; persons aged 18 to 20 receive a temporary restricted enhanced permit (SDCL 23-7-54.2); unrestricted enhanced permit available upon reaching 21 (SDCL 23-7-54.4)
• Key benefit: Allows carry in the state capitol (with advance notice) and on public college/university campuses (as of 2025)

Gold Card Permit

• Additional requirements beyond regular permit:
  • Fingerprints submitted to FBI for state, national, and international criminal background check (SDCL 23-7-60)
  • Authorization for criminal background check processed through the Division of Criminal Investigation
• Processing time: Temporary permit issued within 30 days of application (SDCL 23-7-61)
• Renewal window: Beginning 180 days before expiration and ending 30 days after; requires NICS check (SDCL 23-7-62)
• No training requirement (unlike Enhanced)

Eligibility Requirements (SDCL 23-7-7.1)

A temporary permit shall be issued if the applicant:

1. Is 18 years of age or older
2. Has never pled guilty to, nolo contendere to, or been convicted of a felony or crime of violence
3. Is not habitually in an intoxicated or drugged condition
4. Has no history of violence
5. Has not been found in the previous 10 years to be a danger to others or self (per SDCL 27A-1-1), or is not currently adjudged mentally incompetent
6. Has physically resided in the county of application for at least 30 days immediately preceding the application date
7. Has had no violation of chapters 23-7, 22-14, or 22-42 constituting a felony or misdemeanor in the 5 years preceding the application date, and is not currently charged 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 or federal law (18 U.S.C. Section 922(g) or (n)) from possessing a firearm, and passes a NICS check

Active duty military: Active duty military personnel or their spouses with a home of record in South Dakota are considered to have met the 30-day residency requirement (SDCL 23-7-7.5).

Denial appeals: A person denied a permit may appeal to the circuit court pursuant to chapter 1-26 (SDCL 23-7-7.1).

Grace Period for Renewal

All permit types have a 30-day grace period after expiration (SDCL 23-7-8.13). During this period, the permit holder may continue to carry concealed without violating SDCL 22-14-9; however, law enforcement may issue a warning ticket to notify the holder of the expired status.

The grace period does not apply to any permit holder who:

• Commits a crime that would make it unlawful to possess a gun
• Attempted to renew but was denied (SDCL 23-7-8.14)

Prohibited Locations

Concealed carry (with or without a permit) is prohibited in:

1. County courthouses (SDCL 22-14-23) - Class 1 misdemeanor. A concealed pistol permit is not a defense to this prohibition (SDCL 22-14-27). However, county commissions may waive this restriction by majority vote of members-elect (SDCL 22-14-28).

2. State capitol and appended/supplementary structures (SDCL 22-14-22, 22-14-23) - Class 1 misdemeanor. Exception: Enhanced permit holders may carry in the capitol (except the Supreme Court chamber or access-controlled private offices under security supervision) if they provide 24 hours advance notice to the superintendent of the Division of Highway Patrol, including the date or range of dates (not to extend beyond December 31 of each year). Notice may be renewed without limit (SDCL 22-14-24(5)).

3. Public elementary and secondary schools - premises, vehicles, or buildings used for school functions (SDCL 13-32-7) - Class 1 misdemeanor.

   • Exceptions to the school prohibition:
     • Law enforcement officers
     • School sentinels (per chapter 13-64)
     • Persons 21+ with an enhanced permit and written permission from the school principal
     • Any concealed pistol permit holder inside a motor vehicle on school property, or outside a vehicle while securing/retrieving a pistol from the vehicle (as amended 2025)
     • Firing ranges, gun shows, supervised firearms training sessions on school property
     • Nonpublic schools; churches/houses of worship; nonpublic schools on church premises

2025 Legislative Changes

Governor Larry Rhoden signed several significant bills into law on March 24, 2025:

1. Concealed carry on college campuses - Persons with an enhanced concealed carry permit (or reciprocal permit from another state) may carry concealed pistols on state university and technical college campuses. Pistols and ammunition must be stored in a locked case or safe when not being carried. Institutions may restrict firearms in air-quality-controlled labs, locations requiring security clearance, special events with metal detectors and armed security, and labs with flammable liquids/dangerous chemicals/hazardous gases.

2. Bar carry legalized - Repealed SDCL 23-7-70, which had prohibited concealed carry in licensed establishments deriving over one-half of income from sale of malt or alcoholic beverages (House Bill 1218, 2025).

3. Local government preemption - Prevents local governments from adopting any policy that restricts concealed carry by their employees, officers, and volunteers in government buildings, facilities, and vehicles (House Bill 1218, 2025).

4. School vehicle exception - Concealed carry permit holders may keep pistols inside a motor vehicle while on school property (House Bill signed March 24, 2025; codified in amended SDCL 13-32-7).

5. Covenant restrictions voided - Any covenant that prohibits or restricts the lawful possession, storage, transportation, or discharge of a firearm, firearm parts, or ammunition is declared void and unenforceable (House Bill 1080, 2025).

Other Carry Restrictions

• Snowmobiles: Cannot carry a firearm on a snowmobile without a concealed pistol permit or unless the firearm is completely unloaded and completely encased (SDCL 32-20A-11)
• Motorcycles: Cannot carry a firearm on a motorcycle without a concealed pistol permit (SDCL 32-20-6.6)
• While intoxicated: Possession of a loaded firearm while intoxicated is a misdemeanor (SDCL 22-14-7)
• Intent to commit felony: Concealment of a weapon with intent to commit a felony is a felony (SDCL 22-14-8)

No State Prohibition on Carry In

South Dakota has no statutes prohibiting firearms in:

• Parks
• Hospitals
• Places of worship
• Sports arenas
• Gambling facilities
• Polling places

Reciprocity

The attorney general compares South Dakota permit issuance statutes with those of other states. The secretary of state may enter into reciprocity agreements with states whose laws meet or exceed South Dakota's requirements (SDCL 23-7-7.3). Contact the South Dakota Secretary of State at (605) 773-3537 for current reciprocity agreements.

Permit Revocation

Regular permits: A prosecuting attorney may apply to circuit court for an order to show cause why a permit should be revoked. Upon court order after hearing, the permit is revoked and the holder must immediately surrender it to the county sheriff (SDCL 23-7-8.4).

Gold card and enhanced permits: Automatically revoked upon failure to maintain requirements under SDCL 23-7-7.1 or if the holder becomes prohibited from possessing a firearm. The holder must immediately return the permit to the county sheriff. If not returned, the sheriff shall secure possession of the permit. Possession of a revoked gold card or enhanced permit is a Class 1 misdemeanor (SDCL 23-7-64, 23-7-65).

Confidentiality of Permit Records

Concealed pistol permit holder information is not a public record (SDCL 23-7-8.6). No state agency or political subdivision may keep any list, record, or registry of privately owned firearms, firearm owners, or permit holders. Access to permit application records is restricted to law enforcement (for routine verification) and the Secretary of State's Office (for permit issuance) (SDCL 23-7-8.10).

Minors

• Persons under 18 are prohibited from possessing pistols (SDCL 23-7-44), with exceptions for supervised activities (SDCL 23-7-45)
• Minors are prohibited from carrying a concealed pistol except when accompanied by a parent or guardian (SDCL 23-7-71)
• Transfer of firearms and ammunition to juveniles is a felony (SDCL 23-7-46)

School Sentinel Program

School boards may establish armed school sentinel programs (Chapter 13-64). Requirements include:

• Approval of the law enforcement official with jurisdiction
• Successful completion of a school sentinel training course defined by the Law Enforcement Officers Standards Commission
• A valid permit to carry a concealed weapon
• Participation is voluntary; no employee may be discriminated against for refusing (SDCL 13-64-4)

Law Enforcement Officers Safety Act (LEOSA)

Qualified active and retired law enforcement officers may carry concealed firearms under the federal LEOSA (2004, amended 2010 and 2013), notwithstanding state laws, provided they meet qualification standards and carry proper identification. This does not supersede state laws permitting private entities to prohibit concealed firearms on their property or prohibiting possession on government property.

State Agency Preemption

No state agency may adopt or promulgate any rule that restricts the right or privilege to carry or possess a pistol in contravention of a license to carry a concealed weapon (SDCL 1-26-6.10).

Key Statutes Reference

Open Carry in South Dakota

The Headline

South Dakota permits open carry without a permit for any adult 18 or older who is not a prohibited person. Open carry was lawful in South Dakota before the 2019 constitutional-carry reform (HB 1056, effective July 1, 2019), and it remains lawful after. The state has no statute specifically authorizing or specifically prohibiting open carry; the legality flows from the absence of a state-law concealment requirement combined with the prohibited-person and location-restriction framework that applies equally to open and concealed carry.

For both residents and lawful out-of-state visitors, the answer is the same: open carry of a pistol or long gun is lawful for any adult 18+ who is not a prohibited person under federal (18 U.S.C. Section 922(g)) or state (SDCL Section 23-7-7.1) law.

What Counts as "Open Carry"

South Dakota statute does not define "open carry" in Title 22 (Crimes). The state-law concept of "concealed" is defined at SDCL Section 22-1-2(6): a firearm is concealed when it is "totally hidden from view." Anything less than total concealment is open carry. A holstered pistol with the grip visible on a belt - even one partially covered by a jacket - is technically open carry under the state-law definition.

This distinction matters less now that permitless concealed carry is also lawful. Before 2019, the open-vs-concealed distinction was the difference between needing a permit and not. After 2019, both carry modes are lawful for any qualified adult.

What Open Carry Does Not Authorize

Open carry does not override:

• The prohibited-person bar under 18 U.S.C. Section 922(g) and SDCL Section 23-7-7.1.
• The location bans in SDCL Chapter 22-14 and SDCL Section 13-32-7. Open carry into a county courthouse, school, federal facility, posted private property, or the State Capitol without 24-hour advance notice is still unlawful.
• The conduct restrictions in SDCL Section 22-14-21 (drawing, exhibiting, or using a firearm in an angry or threatening manner not in necessary self-defense) and SDCL Section 22-14-22 (carrying loaded firearm under the influence).
• The federal Gun-Free School Zone Act (18 U.S.C. Section 922(q)). A non-licensed open carrier transiting the federal 1,000-foot zone around a school is in federal violation.

Open Carry vs. Brandishing

The line between lawful open carry and unlawful brandishing is governed by SDCL Section 22-14-21. Carrying a holstered or slung firearm in a visible but passive manner is lawful open carry. Drawing the firearm, pointing it, or otherwise displaying it in an "angry or threatening manner not in necessary self-defense" is a Class 1 misdemeanor, regardless of whether the carrier is also a lawful permit holder.

In practice, the brandishing line is a fact question for law enforcement and the prosecutor. Carrying a holstered pistol into a coffee shop is lawful open carry. Drawing the pistol because someone cut in line is brandishing.

Open Carry in a Vehicle

A pistol may be carried openly in a vehicle, loaded or unloaded, in any visible location (on the dashboard, on the passenger seat, in a visible vehicle holster). The constitutional-carry framework under SDCL Section 23-7-7 covers loaded vehicle carry of pistols.

Loaded long-gun carry in a vehicle is restricted by SDCL Section 32-15-23 in the hunting context - a loaded long gun may not be carried in or on a motor vehicle while hunting on a public road or right-of-way. Outside hunting, loaded long-gun vehicle carry is not prohibited by state statute, but the conservative practice is to transport long guns unloaded with the action open or with a chamber flag.

Open Carry on Private Property

A private property owner or lessee may prohibit firearms on the premises by posted notice or by communicating the restriction. The carrier who is asked to leave and refuses becomes a trespasser. South Dakota has no statutory penalty enhancement for ignoring a posted "no firearms" sign; the only sanction is common-law trespass under SDCL Chapter 21-1 or, in the case of a business establishment, criminal trespass under SDCL Section 22-35-5.

A restaurant, retail store, gas station, or other business is private property and may prohibit firearms even though the public is generally invited.

Open Carry on Public Property

Open carry on public sidewalks, public streets, public parks (subject to state-park rules), state lands, and other publicly accessible spaces is lawful for any qualified adult. The location-ban statutes (courthouses, capitol, schools) are the principal exceptions.

The 2025 amendments (Session Laws 2025 Chapter 36) expanded preemption to prohibit local governments from restricting concealed carry by their own employees in government buildings. The provision applies primarily to concealed carry; open carry by government employees in government buildings has historically been subject to employer policy as a condition of employment, and the 2025 amendments primarily address concealed carry.

Open Carry at Special Events

Special events held on public property (parades, festivals, public gatherings) may restrict firearm carry through the permit issued to the event organizer. The local government's authority to attach firearm-restriction conditions to a special-event permit is constrained by state preemption (SDCL Section 9-19-20 for municipalities; Section 7-18A-36 for counties); however, the event organizer (acting as the temporary occupant of the venue) may impose its own firearm restrictions as a condition of entry.

Sporting events at state university campuses fall under the 2025 campus-carry framework (SDCL Sections 13-53-56, 13-39A-43) which allows institutions to restrict carry at events with metal detectors and armed security on duty. Most professional sports venues in Sioux Falls and Rapid City have firearm-prohibition policies posted at the entrance.

Cultural and Practical Considerations

South Dakota is generally a firearm-friendly state, but open carry in urban or suburban contexts is uncommon outside of hunting season. A holstered pistol visible at a Sioux Falls coffee shop is legally protected but may draw 911 calls from members of the public unfamiliar with open-carry norms. The responding officers will typically verify the carrier is not a prohibited person and that no other offense is occurring, then conclude the encounter.

In hunting country (the Black Hills, the river country, the rural counties), open long-gun carry from a vehicle to a hunting blind is normal and unremarkable.

Federal Gun-Free School Zone

Same as concealed carry - open carry by a non-licensed person within 1,000 feet of school grounds violates 18 U.S.C. Section 922(q). A Regular, Enhanced, or Gold Card permit holder is exempt for carry in South Dakota.

Practical Bottom Line

Open carry is lawful in South Dakota for any adult 18+ not a prohibited person. The same location-restriction and conduct rules that apply to concealed carry apply to open carry. The federal Gun-Free School Zone Act is the principal trap for non-licensed open carriers in populated areas.

Sources

• SDCL Section 23-7-7 (Concealed and permitless carry)
• SDCL Section 23-7-7.1 (Permit and carry eligibility)
• SDCL Section 22-1-2(6) (Definition of "concealed")
• SDCL Section 22-14-21 (Brandishing/threatening display)
• SDCL Section 22-14-22 (Carrying under the influence)
• SDCL Section 22-14-23 (County courthouse)
• SDCL Section 22-14-24(5) (State Capitol)
• SDCL Section 32-15-23 (Loaded long gun in vehicle while hunting)
• SDCL Section 13-32-7 (Firearms on school premises)
• SDCL Sections 13-53-56, 13-39A-43 (Campus carry - Enhanced only)
• SDCL Section 22-35-5 (Criminal trespass)
• SDCL Section 9-19-20 (Municipal preemption)
• SDCL Section 7-18A-36 (County preemption)
• 18 U.S.C. Section 922(g) (Federal prohibited persons)
• 18 U.S.C. Section 922(q) (Federal Gun-Free School Zone Act)
• HB 1056 (2019) (Constitutional carry)
• Session Laws 2025 Chapter 36 (Preemption expansion)
• Session Laws 2025 Chapter 86 (Campus carry)

Constitutional (Permitless) Carry in South Dakota

The Headline

South Dakota became a constitutional-carry state effective July 1, 2019, when Governor Kristi Noem signed House Bill 1056, the first bill of her first term. The bill modified SDCL Section 23-7-7 and related Chapter 23-7 provisions, eliminating the permit requirement for concealed pistol carry. Any adult 18 years of age or older who is not a prohibited person under federal or state law may carry a pistol concealed or openly in South Dakota without a permit.

SDCL Section 23-7-7 expressly states that issuing a permit "does not impose a general prohibition on the carrying of a pistol without a permit." That single statutory clause is the affirmative authorization for permitless carry; it operates by deactivating the prior criminal offense of unlawful concealed carry by an eligible adult.

Who May Carry Without a Permit

Under SDCL Section 23-7-7 as amended by HB 1056, the permitless-carry rule applies to any person who is:

• At least 18 years of age. Persons under 18 may not carry a concealed pistol except in the presence of a parent or legal guardian (SDCL Section 23-7-71).
• Lawfully in possession of the pistol - not stolen, not contraband under federal or state law.
• Not a prohibited person under federal law (18 U.S.C. Section 922(g)) or state law (SDCL Section 23-7-7.1 eligibility criteria).

Constitutional carry applies to both residents and lawful out-of-state visitors. The amended statute does not require South Dakota residency. A visitor 18 or older who is not a prohibited person under federal law and who is in lawful possession of the pistol may carry concealed or openly in South Dakota under permitless-carry authority, even if their home state does not have constitutional carry.

Who May Not Carry Even Under Permitless Carry

The permitless-carry rule does not override the prohibited-person bar. Even though no permit is required, the following persons may not lawfully carry:

• Any person prohibited under 18 U.S.C. Section 922(g): convicted felons, persons under indictment for a felony, fugitives from justice, unlawful users of controlled substances (including marijuana, which remains a Schedule I federal controlled substance), persons adjudicated mentally defective or involuntarily committed, illegal aliens, persons dishonorably discharged from the armed forces, persons who have renounced U.S. citizenship, persons subject to qualifying domestic-violence protection orders, and persons convicted of misdemeanor crimes of domestic violence.
• Any person prohibited under SDCL Section 23-7-7.1: persons convicted of a felony or crime of violence, persons habitually intoxicated or drugged, persons with a history of violence, persons found in the previous 10 years to be a danger to others or self or currently adjudged mentally incompetent, persons currently charged with serious offenses, and persons otherwise prohibited under state or federal law.
• Persons under 18 (except in the presence of a parent or legal guardian, per SDCL Section 23-7-71).

A prohibited person who carries a concealed pistol commits a state-law offense (SDCL Section 22-14-15 for felons in possession; Class 6 felony) and likely a federal offense (18 U.S.C. Section 922(g); up to 10 years).

What Constitutional Carry Did Not Change

The 2019 reform removed the permit requirement for eligible adults. It did not repeal the substantive location bans, the prohibited-person bar, the conduct restrictions in SDCL Chapters 22-14 and 22-18, or the federal-law overlay.

Specifically, constitutional carry does not authorize:

• Carrying in a county courthouse (SDCL Section 22-14-23; permit is not a defense per Section 22-14-27).
• Carrying in the State Capitol without 24-hour advance notice (SDCL Section 22-14-24(5)).
• Carrying on school premises (SDCL Section 13-32-7).
• Carrying on state university or technical college campuses (SDCL Sections 13-53-56, 13-39A-43 - reserved for Enhanced Permit holders only).
• Carrying in federal facilities (post offices, federal courthouses, federal buildings; 18 U.S.C. Section 930).
• Carrying within 1,000 feet of a school by a non-licensed person (18 U.S.C. Section 922(q); the federal Gun-Free School Zone Act).
• Carrying while under the influence of alcohol or a controlled substance (SDCL Section 22-14-22).
• Carrying onto private property posted against firearms.

Federal Gun-Free School Zone Act Trap

This is the single biggest practical reason South Dakotans who never travel armed still apply for a Regular Permit. 18 U.S.C. Section 922(q) prohibits possession of a firearm within 1,000 feet of school grounds and carries up to five years in federal prison. The statute exempts a person "licensed by the state in which the school zone is located" if the license was issued after a background check.

A South Dakota Regular, Enhanced, or Gold Card permit qualifies the holder for the exemption. A permitless carrier under HB 1056 does not have the exemption and may not transport a firearm through a federal Gun-Free School Zone except under one of the other narrow exceptions (unloaded firearm in a locked container or on a locked firearms rack in a motor vehicle, on private property not part of school grounds, etc.).

In practice, the 1,000-foot zone around every public, private, parochial, and charter school covers most populated areas of Sioux Falls, Rapid City, Aberdeen, and other South Dakota cities. A permitless carrier driving through these areas may not be aware of the federal disability until a federal officer flags the issue.

Reciprocity and Out-of-State Travel

Permitless-carry authority does not travel with you. A South Dakota resident leaving the state must comply with the destination state's law. Some states recognize South Dakota's three permit tiers (see RECIPROCITY); few states recognize permitless carry from another state.

If you ever expect to travel armed - including a road trip through Wyoming, Iowa, Nebraska, Minnesota, North Dakota, or Montana - get at least a South Dakota Regular Permit. The five-day issuance process and roughly $10-15 county fee is worth the reciprocity coverage.

How Constitutional Carry Affects Police Encounters

There is no statutory duty to inform a law-enforcement officer that you are armed. If asked, you must answer truthfully (false statement to a peace officer is a separate offense). Most South Dakota carry instructors recommend voluntary disclosure during a traffic stop:

• The officer's dispatch typically sees concealed-pistol-permit data attached to your driver's license; an undisclosed armed condition becomes apparent quickly.
• Voluntary disclosure defuses the encounter and establishes good-faith cooperation.
• The disclosure should be made calmly, with hands visible: "Officer, I want to let you know I'm armed; my pistol is in [location]. How would you like me to proceed?"

The officer's authority to disarm during a traffic stop is governed by Fourth Amendment Terry-stop principles; the officer may take temporary custody of the firearm during the encounter if the officer has reasonable suspicion of danger.

Effect on Permit Issuance

The 2019 reform did not abolish the permit system. South Dakota continues to issue three permits (Regular, Enhanced, Gold Card) under SDCL Chapter 23-7. Permit issuance was, if anything, easier and more attractive after constitutional carry because the permit became a true reciprocity-and-federal-NICS-alternative tool rather than a state-law requirement.

See PERMIT_BASICS, APPLICATION_PROCESS, and FEES_COSTS for the issuance framework.

Subsequent Legislative Developments

• 2025 Session Laws Chapter 36 repealed SDCL Section 23-7-70 (which had prohibited concealed carry in establishments serving alcohol) and expanded preemption to prohibit local governments from restricting concealed carry by their own employees, officers, and volunteers in government buildings, facilities, and vehicles.
• 2025 Session Laws Chapter 86 authorized Enhanced Permit holders, restricted Enhanced Permit holders, and reciprocal Enhanced-equivalent permit holders to carry concealed on state university and technical college campuses (SDCL Sections 13-53-56, 13-39A-43, 13-53-57, 13-39A-44), subject to locked-case storage when not on person and institution-set restrictions on hazardous-materials areas and special events.
• 2025 House Bill 1218 repealed SDCL Section 23-7-70 (as part of the omnibus 2025 firearms reform package).
• 2025 House Bill 1080 added related firearms provisions to the 2025 reform.

Plain-English Bottom Line

If you are at least 18, are not a prohibited person, and have lawful possession of a pistol, you may carry it concealed or openly in South Dakota without applying for anything. You do not need to disclose your armed status to police unless asked. The major catches are:

1. The federal Gun-Free School Zone Act - get a Regular Permit before driving through populated areas of any South Dakota city.
2. State and federal location bans continue to apply - courthouses, schools, federal facilities, posted private property.
3. Carrying while under the influence (SDCL Section 22-14-22) is a Class 1 misdemeanor regardless of permit status.

For most South Dakotans who carry, the permit system remains valuable: the Regular Permit unlocks the federal school-zone exemption and most-state reciprocity; the Enhanced Permit adds campus carry and broader reciprocity; the Gold Card Permit adds federal NICS-alternative status for gun purchases.

Sources

• SDCL Section 23-7-7 (Concealed carry; permitless carry; permit not required)
• SDCL Section 23-7-7.1 (Permit eligibility)
• SDCL Section 23-7-71 (Carry by persons under 18)
• SDCL Section 22-14-15 (Felon in possession)
• SDCL Section 22-14-22 (Carrying loaded firearm under the influence)
• SDCL Section 22-14-23 (County courthouse)
• SDCL Section 22-14-24 (State Capitol; lawful-purpose exceptions)
• SDCL Section 13-32-7 (Firearms on school premises)
• SDCL Sections 13-53-56, 13-39A-43 (Campus carry)
• HB 1056 (2019) (Constitutional carry)
• Session Laws 2025 Chapter 36 (Preemption expansion)
• Session Laws 2025 Chapter 86 (Campus carry)
• 18 U.S.C. Section 922(g) (Federal prohibited persons)
• 18 U.S.C. Section 922(q) (Federal Gun-Free School Zone Act)
• 18 U.S.C. Section 930 (Federal facilities)

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

Reciprocity

Overview

South Dakota has a two-tiered approach to out-of-state concealed carry permits: formal reciprocity agreements with specific states and universal recognition of all valid U.S. concealed carry permits.

Universal Recognition of Other States' Permits

South Dakota recognizes valid concealed pistol permits from all other U.S. states for individuals who may lawfully possess a concealed pistol. This means any person visiting South Dakota with a valid concealed carry permit from their home state may carry concealed in South Dakota, regardless of whether a formal reciprocity agreement exists.

"South Dakota recognizes valid concealed pistol permits from all other U.S. states for individuals who may lawfully possess a concealed pistol."

• South Dakota Secretary of State, Concealed Pistol Permits FAQ

Reciprocity vs. Recognition

South Dakota law distinguishes between these two concepts:

• Recognition: When a state (such as South Dakota) honors valid permits issued by other states without requiring a formal written agreement.
• Reciprocity: When two states have entered into a written agreement to mutually recognize each other's concealed carry permits.

Statutory Authority

Under SDCL Section 23-7-7.3, the South Dakota Attorney General compares South Dakota's permit issuance statutes with those of other states seeking reciprocity to determine whether the other state's laws meet or exceed South Dakota's requirements. The Secretary of State may then enter into reciprocity agreements after the Attorney General certifies that the other state's standards are sufficient.

"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."

• SDCL Section 23-7-7.3

States with Formal Reciprocity Agreements

South Dakota has established reciprocity with the following 26 states. Permit holders from these states are recognized in South Dakota, and South Dakota permit holders are recognized in these states:

1. Alabama
2. Alaska*
3. Arizona
4. Arkansas
5. Colorado*
6. Florida (including non-resident permits)*
7. Georgia*
8. Idaho
9. Indiana
10. Kentucky*
11. Louisiana
12. Maine
13. Michigan*
14. Mississippi
15. Missouri
16. Montana
17. North Carolina*
18. North Dakota (including non-resident permits)
19. Oklahoma
20. Pennsylvania
21. Tennessee (including non-resident permits)*
22. Texas
23. Utah (including non-resident permits)*
24. Virginia*
25. West Virginia*
26. Wyoming*

*These states only recognize South Dakota permits issued to persons who are 21 years of age or older.

Source: South Dakota Secretary of State, Services for Individuals FAQ

South Dakota Permit Types Recognized Under Reciprocity

South Dakota issues three types of concealed carry permits, all of which are covered under reciprocity agreements:

The Pennsylvania-South Dakota reciprocity agreement, for example, explicitly covers all three permit types.

Non-Resident Permits

South Dakota does not issue non-resident permits. Only South Dakota residents may apply for a South Dakota concealed carry permit.

"No, but South Dakota recognizes valid concealed pistol permits from all other U.S. states for individuals who may lawfully possess a concealed pistol."

• South Dakota Secretary of State, Concealed Pistol Permits FAQ

Transferability of Out-of-State Permits

Pistol permits from other states are not transferable to South Dakota permits. Individuals who move to South Dakota must apply for a new South Dakota permit at the county sheriff's office in their county of residence.

"Pistol permits from other states are not transferable for South Dakota permits. You must apply at the county sheriff's office in your South Dakota county of residence to obtain a South Dakota concealed carry permit."

• South Dakota Secretary of State, Concealed Pistol Permits FAQ

States That Recognize South Dakota Permits (Beyond Reciprocity)

In addition to the 26 states with formal reciprocity agreements, several other states recognize South Dakota permits through their own unilateral recognition statutes or constitutional/permitless carry laws. South Dakota permit holders should verify current recognition status with the destination state's authorities before traveling.

Notable examples from the source material:

• Montana recognizes South Dakota concealed weapon permits under Montana Code Annotated Section 45-8-329, provided the permit holder has photo identification and the permit is in their immediate possession.
• Pennsylvania recognizes all valid SD Licenses (Regular, Enhanced, and Gold Card) through a written reciprocity agreement, for SD residents who are 21 years of age or older.

Key Requirements for Carrying Under Reciprocity

• Compliance with local laws: Permit holders carrying under a reciprocity agreement must comply with all applicable laws, rules, and regulations of the state in which they are carrying. A South Dakota permit does not exempt the holder from another state's specific restrictions.
• Age restrictions: Several reciprocity partner states only recognize South Dakota permits issued to individuals who are 21 years of age or older (marked with * in the list above).
• Verify before travel: Concealed weapons permit holders are responsible for checking with the proper authorities prior to carrying concealed weapons in another state. Laws change frequently.

Reciprocity Agreement Terms

Based on the Pennsylvania-South Dakota reciprocity agreement (representative of SD's standard agreement format), key terms include:

• Agreements apply only to the carrying of concealed firearms, not to any other types of weapons
• Both states will promptly inform each other of any changes in their respective concealed carry statutes
• Agreements remain effective only as long as the respective statutory authority continues to authorize reciprocal privileges
• Either party may terminate the agreement upon thirty (30) calendar days' written notice
• Permit holders must comply with all applicable laws of the state in which they are carrying

Important Notes

• South Dakota's reciprocity agreements are administered jointly by the Attorney General and the Secretary of State
• The full list of reciprocity agreements is available at the South Dakota Secretary of State's website
• Laws regarding concealed carry reciprocity change frequently; always verify current status before traveling with a concealed firearm
• Federal law may impose additional restrictions in certain locations (federal buildings, post offices, etc.) regardless of state reciprocity

Relevant Statutes

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.

Castle Doctrine & Stand Your Ground

South Dakota enacted comprehensive Castle Doctrine and Stand Your Ground protections through Senate Law 2021, Chapter 93, which added and updated several sections of SDCL Chapter 22-18. These provisions establish broad self-defense rights with no duty to retreat.

Key Definitions (SDCL Section 22-18-3.1)

The following definitions apply to South Dakota's self-defense statutes (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:
  • A tent
  • A camper or motorhome
  • 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 consent and without legal justification or excuse
• Vehicle - A conveyance of any kind, whether motorized or not, designed to transport people or property

Use of Non-Deadly Force (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 it 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 self-defense does not have a duty to retreat before doing so.

Stand Your Ground - Deadly Force (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:

• Prevent imminent death or great bodily harm to himself, herself, or another; or
• Prevent the imminent commission of a forcible felony

Stand Your Ground provision - A person using or threatening deadly force under this section 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

Castle Doctrine - Defense of Dwelling or Residence (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

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

South Dakota law creates a legal presumption that a person held a reasonable fear of imminent peril of death or great bodily harm when using defensive deadly force, if both of the following conditions are met:

Condition 1 - The aggressor 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 person against their will from a dwelling, residence, or occupied vehicle

Condition 2 - The defender:

• Knew or had reason to believe that an unlawful entry or unlawful and forcible act was occurring or had occurred

This presumption shifts the burden in legal proceedings - a person defending their home, residence, or occupied vehicle against unlawful intrusion is presumed to have acted reasonably.

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

Force is not unlawful if necessarily committed by a public officer in the performance of any legal duty, or by any person assisting or acting by the officer's direction.

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

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 competent public officer.

Summary of Protections

Important Notes

• Enacted 2021 - South Dakota's comprehensive Castle Doctrine and Stand Your Ground framework was codified by SL 2021, Chapter 93, which added Section 22-18-3.1, 22-18-4.1, 22-18-4.2, and 22-18-4.3 and updated Section 22-18-4
• Broad dwelling definition - Includes tents, campers, motorhomes, and any conveyance designed for lodging, providing protection beyond traditional structures
• Guest protection - The definition of "residence" includes places where you are an invited guest, extending Castle Doctrine protections to visitors
• Vehicle protection - The presumption of reasonable fear (Section 22-18-4.3) extends to occupied vehicles, not just dwellings and residences
• Criminal activity exception - Stand Your Ground protections under Section 22-18-4.1 do not apply to persons engaged in criminal activity
• Additional provisions - Sections 22-18-4.4 through 22-18-4.9 contain additional self-defense provisions (referenced in Section 22-18-3.1's definitions scope) that may address immunity, civil liability, and other related matters

Duty to Inform Law Enforcement

The Bottom Line

South Dakota has no statutory duty to inform law enforcement that you are armed. A concealed-pistol-permit holder or a permitless carrier under SDCL Section 23-7-7 is not required by state law to volunteer to a police officer during a traffic stop or any other encounter that the carrier is armed. There is no statutory penalty for failing to disclose.

If a police officer asks whether you are armed, you must answer truthfully. False statement to a peace officer is a separate Class 1 misdemeanor offense under SDCL Section 22-29-9.1.

What the Statute Says (And Does Not Say)

SDCL Chapter 23-7 governs concealed pistol permits. Nothing in that chapter requires a permit holder to make a proactive disclosure to law enforcement of armed status. The chapter requires that the Enhanced Permit be carried with government-issued photo ID while the carrier is armed (SDCL Section 23-7-55), which implies the permit will be produced if asked - but the carrying-with-ID requirement is not the same as a proactive-disclosure duty.

Compare South Dakota to states like Texas, North Carolina, and Michigan, which have statutory duty-to-inform laws with various penalty structures. South Dakota does not.

The Two State-Law Location-Specific Notification Requirements

South Dakota statute does require notification or advance notice in two specific location contexts. These are location-specific gates to entry; they are not general duty-to-inform rules.

State Capitol (SDCL Section 22-14-24(5))

A concealed-pistol-permit holder who intends to carry a concealed pistol in the State Capitol must provide notice - orally or in writing - to the South Dakota Highway Patrol or designated Capitol security at least 24 hours in advance, specifying the date or range of dates the carrier intends to carry.

This is not a general duty-to-inform; it is a Capitol-entry condition. The notice is given to the Highway Patrol, not to a random officer on the street.

Posted Private Property and Notice Acknowledgement

A property owner's posted "no firearms" notice is a common-law trespass communication, not a state-law disclosure trigger. A carrier who enters posted property is on notice; the carrier becomes a trespasser if asked to leave and refusing. There is no separate statutory "you must inform the property owner you are armed" requirement.

Recommended Practice at a Traffic Stop

Although not legally required, voluntary disclosure during a traffic stop is the consensus recommendation among South Dakota carry instructors. The reasons:

1. The officer often sees the permit data. When the officer runs your driver's license through dispatch, the dispatch system may flag the concealed-pistol-permit attached to your record. The officer becomes aware of your armed status before approaching the vehicle. Undisclosed armed condition produces tension; voluntary disclosure removes it.

2. The encounter goes faster. A driver who calmly says "Officer, I want to let you know I'm carrying; my pistol is [in this location]; how would you like me to proceed?" gives the officer information needed to manage the encounter safely. The officer typically responds with one of two instructions: keep your hands on the wheel, or place the pistol on the passenger seat (or another secure location) and step out of the vehicle.

3. It establishes good faith. A subsequent question that arises during the encounter - the smell of marijuana on a passenger, a missing license plate, a moving violation - is resolved more quickly when the officer already has a clear picture of the armed-and-cooperative driver.

4. It protects you from accidental display. Reaching across the cabin for the registration in the glove box may inadvertently expose the firearm. Pre-disclosure converts that inadvertent display from a startling event into an expected one.

Recommended Disclosure Script

The Sturgis-area carry community and most South Dakota instructors teach a variation of this script:

"Officer, before we go any further, I want to let you know I have a concealed pistol permit and I am carrying. The pistol is in [location - 'a holster on my right hip,' 'the center console,' 'the glove box']. How would you like me to proceed?"

Variations:

• For permitless carriers without a permit, replace "concealed pistol permit" with "I'm carrying under South Dakota constitutional carry."
• Keep hands visible on the steering wheel during the disclosure.
• Do not reach for the permit or the firearm until specifically instructed.

Officer's Authority to Disarm

Under Fourth Amendment Terry-stop principles (Terry v. Ohio, 392 U.S. 1 (1968); Michigan v. Long, 463 U.S. 1032 (1983)), an officer who knows or reasonably suspects that a driver or passenger is armed may take temporary custody of the firearm during the encounter. The Fourth Amendment standard for the seizure of the firearm is reasonable suspicion of danger, not probable cause.

The temporary disarming is not an arrest. The firearm should be returned at the conclusion of the encounter unless the officer has independent probable cause to seize it (e.g., the firearm is contraband, was used in a crime, or is being held pursuant to a written warrant or court order).

When You Are Asked

If the officer asks "Do you have any weapons in the vehicle?" or "Are you armed?", answer truthfully. False statement to a peace officer (SDCL Section 22-29-9.1) is a Class 1 misdemeanor and may itself become the basis for an arrest. A truthful disclosure preserves your good-faith standing.

When You Are Not Asked

You have no statutory duty to volunteer the information. The decision is between you and the officer's likely access to your permit data through dispatch.

Federal-Law Overlay

There is no federal duty-to-inform law applicable to a state encounter. Federal law governs federal-facility access (18 U.S.C. Section 930) and federal-property carry rules; in those contexts, the federal location-restriction operates rather than a disclosure requirement.

A carrier crossing into another state should research the destination state's duty-to-inform rule. Several states (notably Texas, Michigan, and North Carolina) impose statutory duty-to-inform with civil or criminal penalties; the specific statutory citations vary by state. South Dakota's rule does not travel with you, so always confirm the destination state's framework before traveling armed.

Practical Bottom Line

South Dakota does not require you to tell a police officer you are armed. If asked, answer truthfully. Voluntary disclosure during a traffic stop is the strongly recommended practice, both because the officer likely already knows from dispatch and because it produces a faster, less-tense encounter. The State Capitol 24-hour advance-notice rule is a location-specific notification gate, not a general duty.

Sources

• SDCL Chapter 23-7 (Firearms control; concealed pistol permits) - no duty-to-inform provision
• SDCL Section 23-7-55 (Enhanced permit must be carried with photo ID)
• SDCL Section 22-14-24(5) (State Capitol 24-hour advance notice)
• SDCL Section 22-29-9.1 (False statement to peace officer; Class 1 misdemeanor)
• SDCL Section 22-35-5 (Criminal trespass)
• Terry v. Ohio, 392 U.S. 1 (1968) (Terry-stop framework)
• Michigan v. Long, 463 U.S. 1032 (1983) (Protective frisk extension to vehicle)
• 18 U.S.C. Section 930 (Federal facility prohibition; no disclosure rule)

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).

Application Process for South Dakota Concealed Carry Permits

Overview

South Dakota is a permitless carry state as of July 1, 2019 (SL 2019, ch 113), meaning carrying a concealed pistol without a permit is not prohibited by state law (SDCL Section 23-7-7). However, the state continues to issue concealed pistol permits for reciprocity purposes when traveling to other states. The South Dakota Secretary of State oversees the permit program, with applications processed through local county sheriff's offices.

Permit Types

South Dakota offers four categories of concealed pistol permits:

SDCL Section 23-7-7, 23-7-53, 23-7-60, 23-7-54.2

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Step-by-Step Application Process

Step 1: Determine Eligibility

All applicants must meet the requirements of SDCL Section 23-7-7.1:

1. Be 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 (as defined in SDCL Section 22-1-2(9))
3. Not be habitually in an intoxicated or drugged condition
4. Have no history of violence
5. Not have been found in the previous ten years to be a "danger to others" or a "danger to self" as defined in SDCL Section 27A-1-1, and not currently be adjudged mentally incompetent
6. Have physically resided in and be a resident of the county where the application is being made for at least thirty days immediately preceding the date of application
7. Have no pending charges or previous violations of SDCL Chapters 23-7 (Firearms Control), 22-14 (Unlawful Use of Weapons), or 22-42 (Controlled Substances and Marijuana) constituting a felony or misdemeanor in the five years preceding the date of application
8. Be a citizen or legal resident of the United States
9. Not be a fugitive from justice
10. Not be otherwise prohibited by state law, 18 U.S.C. Section 922(g), or 18 U.S.C. Section 922(n) from receiving, possessing, or transporting a firearm

Military exception: Active duty military personnel or their spouses with a home of record in South Dakota are considered to have met the 30-day residency requirement (SDCL Section 23-7-7.5).

Note: Mail forwarding addresses do not satisfy the residency requirement.

Step 2: Complete the Application

The application must be filed with the sheriff of the county in which the applicant resides, either electronically or in triplicate on a form prescribed by the Secretary of State (SDCL Section 23-7-8). Some counties, such as Minnehaha County, offer online application portals.

The application requires:

• Complete name, address, and occupation
• Place and date of birth
• Country of citizenship
• Physical description
• A statement that the applicant has 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
• Applicant's signature
• If not a U.S. citizen: any alien or admission number issued by U.S. Bureau of Immigration and Customs Enforcement

WARNING: Providing false information or false evidence of identity in applying for a permit is a Class 6 felony, punishable by up to two years imprisonment, a fine of $2,000, or both (SDCL Section 23-7-12).

Step 3: Additional Requirements by Permit Type

For Enhanced Permits (SDCL Section 23-7-53), the application must also include:

• A copy of fingerprints for submission to the FBI for state, national, and international criminal background check
• An authorization to run a fingerprint background check
• Proof of completion of a qualifying handgun course (within the preceding 12 months) - OR proof of current/former law enforcement officer status with recent qualifying on a certified shooting course

If the sheriff takes fingerprints, they must do so at no additional charge to the applicant.

For Gold Card Permits (SDCL Section 23-7-60), the application must include:

• A copy of fingerprints for FBI background check
• An authorization to run a criminal background check

(No handgun course is required for the Gold Card permit.)

Step 4: Background Investigation

The sheriff conducts a background investigation including:

• A computer check of available online records
• A check utilizing the National Instant Criminal Background Check System (NICS)
• For Enhanced and Gold Card permits: fingerprint-based state, national, and international criminal background check through the FBI via the Division of Criminal Investigation

For background check questions, contact the SD Division of Criminal Investigation Identification Section or your local sheriff's office (per SD Attorney General guidance).

If the background investigation requires an INTERPOL international criminal history check, the five-day issuance timeline is extended; the sheriff must issue the temporary permit within three business days of receiving the INTERPOL response (SDCL Section 23-7-7.6).

Step 5: Issuance of Temporary Permit

Regular Permits: The sheriff issues a temporary permit within five days from the date of application (SDCL Section 23-7-7.1).

Enhanced Permits: The sheriff issues a temporary enhanced permit within thirty days of application, after receiving confirmation that the applicant passed all required fingerprint and NICS background checks (SDCL Section 23-7-54). The temporary permit must clearly designate that it is "enhanced."

Gold Card Permits: The sheriff issues a temporary gold card permit within thirty days of application, after receiving background check confirmation (SDCL Section 23-7-61). The temporary permit must clearly designate that it is a "gold card" permit.

Step 6: Official Permit from Secretary of State

Within seven days after the temporary permit has been issued, the sheriff sends a copy to the Secretary of State's Office, which then issues the official permit card (SDCL Section 23-7-8). Per Minnehaha County guidance, the official permit card typically arrives within 30 days.

If the application is filed in triplicate:

• Original → delivered to applicant as temporary permit
• Duplicate → sent to Secretary of State within 7 days (who issues the official permit)
• Triplicate → preserved for 5 years by the issuing authority

If filed electronically, two signed copies are made: one for the applicant as temporary permit, one preserved for 5 years by the issuing authority.

Step 7: Denial and Appeal

A person denied a permit may appeal to the circuit court pursuant to SDCL Chapter 1-26 (SDCL Section 23-7-7.1).

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Qualifying Handgun Course (Enhanced Permit Only)

Per SDCL Section 23-7-58, a qualifying handgun course must be:

• Taught by a National Rifle Association (NRA) certified instructor who also holds a current certificate of completion from the SD Division of Criminal Investigation on the use of force
• Include instruction in:
  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 Division of Criminal Investigation must offer use-of-force courses at least once every six months, open to NRA certified pistol instructors. Course fee may not exceed $150 (SDCL Section 23-7-59).

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Renewal Process

Regular Permit Renewal (SDCL Section 23-7-8.11):

• Renewal period begins 90 days before the permit expires
• Must pass a background investigation (NICS + online records check)
• Renewed through the sheriff of the county of residence

Enhanced Permit Renewal (SDCL Section 23-7-56):

• Renewal period begins 12 months before the permit expires and ends 30 days after expiration
• Must pass a criminal background check (NICS + online records)
• Must present proof of: (a) completing the live fire component of a qualifying handgun course, receiving use-of-force instruction, and receiving instruction on relevant criminal statutory changes during the renewal period; OR (b) current/former law enforcement officer qualification
• If renewal period is missed, the permit is deemed invalid and a full new application under Section 23-7-53 is required

Gold Card Permit Renewal (SDCL Section 23-7-62):

• Renewal period begins 180 days before the permit expires and ends 30 days after expiration
• Must pass a criminal background check (NICS + online records)

Grace Period (SDCL Section 23-7-8.13): Upon expiration, all permit holders have a 30-day grace period to renew, during which they may continue to carry a concealed pistol. This grace period does not apply to anyone who committed a disqualifying crime or was denied renewal (SDCL Section 23-7-8.14).

Deployed Military Renewal (SDCL Section 23-7-8.12): South Dakota residents holding regular concealed carry permits who are deployed outside the state on active military duty may request a renewal form from the Secretary of State and complete the process by mail, with commanding officer attestation.

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Permit Details

• Permits are non-transferable - issued to a specific person only (SDCL Section 23-7-8.3)
• Permits are valid statewide (SDCL Section 23-7-7)
• Enhanced permits are only valid if carried with a government-issued photo ID (SDCL Section 23-7-55)
• The permit lists: applicant's name, address, expiration date, and issuance date (SDCL Section 23-7-8.1)
• No state registry of permit holders or firearms may be maintained (SDCL Section 23-7-8.6)
• Permit application records are confidential and may not be released except to other law enforcement agencies or the Secretary of State (SDCL Section 23-7-8.10)

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Restricted Enhanced Permit for Minors (Ages 18 to 20)

Applicants ages 18 to 20 who meet all Enhanced permit requirements may be issued a temporary restricted enhanced permit that clearly designates it is for individuals 18 to 20 years of age (SDCL Section 23-7-54.2). Upon reaching age 21, the holder may submit a written request to the Secretary of State for an unrestricted enhanced permit at no additional cost (SDCL Section 23-7-54.4).

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Revocation

Regular Permits: A prosecuting attorney may apply to circuit court for an order to show cause why a permit should be revoked. Upon court order after hearing, the permit must be surrendered to the county sheriff (SDCL Section 23-7-8.4).

Enhanced and Gold Card Permits: Automatically revoked upon failure to maintain Section 23-7-7.1 requirements or becoming prohibited from possessing firearms. The permit holder must immediately return the permit to the county sheriff. Possession of a revoked enhanced or gold card permit is a Class 1 misdemeanor (SDCL Section 23-7-64, 23-7-65).

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Reciprocity

The Attorney General compares South Dakota permit issuance statutes with those of other states to determine reciprocity eligibility. The Secretary of State may enter into reciprocity agreements after the Attorney General confirms the other state's laws meet or exceed South Dakota's requirements (SDCL Section 23-7-7.3). Enhanced permits are recognized by the most states, including several that do not honor regular or gold card permits.

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Important Restrictions

• County courthouses and state capitol: Firearms are generally prohibited (Class 1 misdemeanor, SDCL Section 22-14-23). A concealed carry permit is not a defense (SDCL Section 22-14-27). However, Enhanced permit holders may carry in the state capitol (except Supreme Court chamber and certain secured areas) with 24 hours prior notification to the Superintendent of the Division of Highway Patrol (SDCL Section 22-14-24(5)).
• County commissions may vote to waive the courthouse firearms prohibition (SDCL Section 22-14-28).

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Key Statutes

Note: Specific fee amounts are set by statute at SDCL Section 23-7-72 and may vary by permit type. Contact your county sheriff's office for current fee schedules.

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Information compiled from South Dakota Codified Laws (SDCL Chapter 23-7), the South Dakota Secretary of State (sdsos.gov), the South Dakota Attorney General (atg.sd.gov), and Minnehaha County Sheriff's Office guidance. Last reviewed April 2026.

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.

Fees and Costs

South Dakota concealed-pistol-permit fees are set by a combination of statute (the per-permit reimbursement that the Secretary of State pays the county under SDCL Section 23-7-72) and county-set application fees. The applicant typically pays an application fee at the sheriff's office, and the Secretary of State reimburses the county at the statutory rate.

Statutory County Reimbursement (SDCL Section 23-7-72)

Effective for permits issued on or after July 1, 2022, the Secretary of State pays each county the following amount per permit issued:

The reimbursement is paid quarterly to the county treasurer based on the sheriff's report of permits issued.

Application Fees at the County Sheriff

The application fee an applicant pays at the sheriff's office is set by each county within the statutory framework. Counties may not charge more than the reimbursement amount they collect for the Regular Permit, but Enhanced and Gold Card applicants also typically pay the fingerprinting fee directly:

• Regular Permit: Most counties charge $10 application fee (some charge less; contact the sheriff's office in the county where you reside before applying).
• Enhanced Permit: $100 application fee at the sheriff's office is common. The applicant separately pays the qualifying-handgun-course instructor for training - course tuition typically runs $100 to $200 depending on the instructor and the live-fire range fees.
• Gold Card Permit: $100 application fee at the sheriff's office is common. The applicant separately pays the fingerprinting vendor (often the sheriff's office or a contracted vendor) for FBI fingerprint cards - typically $20 to $40. The FBI fee for the national fingerprint background check is collected through the DCI.

Other Predictable Costs

Qualifying Handgun Course (Enhanced Permit only)

Required course components under SDCL Section 23-7-58:

• Instructor: NRA-certified instructor who also holds a current South Dakota DCI use-of-force certificate.
• Curriculum: South Dakota firearms law, use-of-force law, safe handgun handling, self-defense principles, and live-fire training of at least 98 rounds.

Typical out-of-pocket: $100 to $200 tuition, plus ammunition (98+ rounds; budget another $30 to $80 depending on caliber and bulk pricing), plus eye and ear protection if not provided by the instructor.

Fingerprinting (Gold Card Permit only)

The Gold Card Permit requires FBI fingerprint submission for a national and international criminal background investigation (SDCL Section 23-7-60). Some sheriffs' offices perform fingerprinting on site; others refer applicants to a contracted vendor. Budget $20 to $40 for the fingerprint cards plus the FBI processing fee that may be added to the sheriff's intake fee.

Renewal Costs

• Regular Permit renewal: $3 statutory reimbursement; counties typically charge $10. Renewal application under SDCL Section 23-7-8.11.
• Enhanced Permit renewal: $25 statutory reimbursement; counties typically charge $50, plus refresher handgun course (SDCL Section 23-7-56). The refresher course is generally shorter than the initial course - confirm scope and fee with the instructor.
• Gold Card Permit renewal: $30 statutory reimbursement; counties typically charge $50, plus NICS check fee. Renewal window is 180 days before to 30 days after expiration (SDCL Section 23-7-62).

Lost or Replacement Permits

A permit holder who loses a permit or needs a duplicate must apply through the issuing sheriff. The Secretary of State must provide a replacement at no charge for an address or name change (SDCL Section 23-7-69), but the sheriff may charge a nominal duplicate fee for a lost permit.

Address or Name Change

Required by SDCL Section 23-7-69 within a reasonable time. Notify the Secretary of State in writing. If the new address is within South Dakota, the Secretary of State provides a new permit at no statutory fee.

Permitless Carry Costs (None)

Since July 1, 2019 (HB 1056), no permit is required to carry concealed in South Dakota. A South Dakota adult who is not a prohibited person and does not need a permit for reciprocity, campus carry, or federal NICS-alternative status pays nothing to the state.

Practical Fee Breakdown by Use Case

• In-state-only carrier who never travels armed and does not need campus carry or a federal NICS-alternative: $0 (rely on permitless carry).
• Regular Permit holder who wants reciprocity with most permit-honoring states: Approximately $10-15 at the sheriff's office plus $3 statutory reimbursement. Renewable every five years.
• Enhanced Permit holder (campus carry, broadest reciprocity): Approximately $100 sheriff fee + $100 to $200 course tuition + $30 to $80 ammunition + $50 statutory reimbursement = roughly $280 to $430 total initial outlay.
• Gold Card Permit holder (federal NICS-alternative + international background check): Approximately $100 sheriff fee + $20 to $40 fingerprinting + $30 statutory reimbursement = roughly $150 to $170 total initial outlay.

Fee Waivers

The statute does not provide a categorical fee waiver for veterans, law enforcement, seniors, or low-income applicants at the state level. Counties may, by ordinance or sheriff's policy, reduce or waive the county-side application fee for active-duty military, honorably discharged veterans, retired law enforcement, or active law enforcement; check with the sheriff in the county where you reside.

Active-duty military personnel (and their spouses) whose home of record is in South Dakota are exempt from the 30-day county-residency requirement (SDCL Section 23-7-7.5) but pay the same statutory and county fees.

Verifying Current Fees

The fee structure described here reflects SDCL Section 23-7-72 as amended through 2025. Always verify current fees directly with the sheriff of the county where you reside. The South Dakota Secretary of State publishes a permit FAQ and reciprocity list at sdsos.gov.

Restrictions on Permit Holders and Permitless Carriers

South Dakota imposes location, status, and conduct restrictions that apply whether or not the carrier holds a permit. The 2019 constitutional-carry reform (HB 1056) removed the permit requirement but did not repeal the substantive location bans, the prohibited-person bar, or the conduct restrictions in SDCL Chapters 22-14 and 22-18.

Status Restrictions (Who May Not Carry)

A person may not carry a pistol (concealed or openly, permit or no permit) if any of the following applies:

• The person is a prohibited person under federal law pursuant to 18 U.S.C. Section 922(g): convicted felon; person under indictment for a felony; fugitive from justice; unlawful user of or addicted to a controlled substance; person adjudicated mentally defective or committed to a mental institution; illegal alien; nonimmigrant alien in some circumstances; dishonorably discharged veteran; person who has renounced U.S. citizenship; person subject to a qualifying domestic-relations protection order; person convicted of a misdemeanor crime of domestic violence.
• The person is a prohibited person under state law pursuant to SDCL Section 23-7-7.1 - the same eligibility criteria that govern permit issuance and serve as the substantive bar for permitless carriers.
• The person is under 18 and not in the presence of a parent or legal guardian (SDCL Section 23-7-71).
• The person possesses a revoked Enhanced or Gold Card permit (Class 1 misdemeanor under SDCL Section 23-7-65).

A person whose Regular Permit has been revoked through the show-cause process in SDCL Section 23-7-8.4 may still carry concealed under permitless-carry rules if otherwise eligible; the revocation is a permit-specific consequence, not a categorical disqualification, unless the revocation was based on the person's becoming a prohibited person under Section 23-7-7.1.

Location Restrictions

The following locations are off-limits to all carriers, including permitless carriers and Enhanced/Gold Card permit holders (unless a specific statutory carve-out applies):

County Courthouses

SDCL Section 22-14-23 prohibits carry inside any county courthouse. The county must conspicuously post notice at each public entrance (Section 22-14-26). Holding any concealed pistol permit is not a defense under Section 22-14-27. A county commission may waive the courthouse restriction by majority vote (Section 22-14-28). A narrow exception under Section 22-14-24 permits carry incident to a hunter-safety or gun-safety course held at the courthouse.

State Capitol

SDCL Section 22-14-24(5) requires a concealed-pistol-permit holder to give 24-hour advance notice (oral or written) to the Highway Patrol or the State Capitol security detail, specifying the date or range of dates the person intends to carry, before entering the State Capitol while armed. Open carry at the State Capitol falls under separate rules; consult current Capitol security directives before entering openly armed.

Schools

SDCL Section 13-32-7 prohibits firearms on elementary, secondary, post-secondary, and other school premises. The 2025 amendment (Session Laws 2025) authorizes a concealed-pistol-permit holder to keep a pistol in a locked motor vehicle on school property; the firearm may not be carried out of the vehicle onto the school grounds.

Universities and Technical Colleges

Effective March 24, 2025 (Session Laws 2025 Chapter 86), Enhanced Permit holders, restricted Enhanced Permit holders, and reciprocal Enhanced-equivalent permit holders may carry concealed on state university and technical college campuses, subject to:

• The pistol must be stored in a locked case or safe when not being carried on the person.
• Institutions may restrict carry in areas containing hazardous materials, in security-cleared facilities, and at special events with metal detectors and armed security on duty.
• The new authority does not extend to Regular Permit holders or permitless carriers.

See SDCL Sections 13-53-56, 13-53-57, 13-39A-43, 13-39A-44 for the campus-carry provisions.

Administrative Hearings

SDCL Section 1-26-6.10 permits a state agency to restrict weapons in its hearing rooms. A posted notice is the operative restriction.

Private Property

Under common-law trespass principles and South Dakota's general firearms-on-private-property rule, a private property owner or lessee may prohibit firearms on the premises by posted notice or by communicating the restriction. There is no statutory penalty enhancement for ignoring a "no-firearms" sign, but the carrier becomes a trespasser if asked to leave and refuses.

Federal Locations

Federal law independently prohibits firearms in:

• Federal facilities (18 U.S.C. Section 930), including post offices, federal courthouses, and other federal buildings.
• Military installations.
• Secure (post-screening) areas of commercial airports.
• The 1,000-foot federal Gun-Free School Zone, under 18 U.S.C. Section 922(q), for non-licensed carriers.

A South Dakota Regular, Enhanced, or Gold Card permit qualifies the holder for the federal Gun-Free School Zone Act exemption that applies to "licensed" carriers in the state of issuance; a permitless carrier does not have that exemption.

Establishments Serving Alcohol

Session Laws 2025 Chapter 36 repealed SDCL Section 23-7-70, which had prohibited concealed carry in establishments licensed to sell alcoholic beverages. As of the effective date of that chapter, statutory prohibition on bar carry is removed; the underlying SDCL Section 22-18-3 rule that "intoxication is no defense" to use-of-force charges remains in effect, and an establishment may still post and exclude.

Conduct Restrictions

Use Under the Influence

SDCL Section 22-14-22 prohibits carrying a loaded firearm while under the influence of alcohol or any controlled substance. Violation is a Class 1 misdemeanor. The statute does not specify a numeric blood-alcohol threshold; "under the influence" is a fact question for the trier of fact based on observable signs of impairment.

Brandishing and Threatening Display

SDCL Section 22-14-21 prohibits drawing, exhibiting, or using a firearm in an angry or threatening manner not in necessary self-defense. Lawful display incident to a self-defense scenario falls under the use-of-force provisions in SDCL Sections 22-18-4 through 22-18-4.9.

Possession by Prior-Convicted Persons

SDCL Section 22-14-15 makes it a Class 6 felony for a person convicted of a felony or crime of violence to possess a firearm. Civil-rights restoration through gubernatorial pardon or expungement may restore firearm rights; the procedure is statutory and not automatic.

Negligent or Reckless Discharge

General assault, criminal endangerment, and reckless-discharge statutes (SDCL Sections 22-14-7, 22-14-8, 22-18-1) apply to any person who discharges a firearm without lawful justification.

Penalties for Unlawful Carry by a Prohibited Person

A prohibited person who carries a concealed pistol violates SDCL Section 22-14-15 (felon in possession, Class 6 felony) and, in some circumstances, the pre-2019 SDCL Section 22-14-9 framework as it continues to apply to prohibited persons. Federal prosecution under 18 U.S.C. Section 922(g) is also available and carries substantially higher penalties.

Privacy

No state agency, political subdivision, or their employees may keep a list, record, or registry of privately owned firearms, firearm owners, or concealed-pistol-permit holders (SDCL Section 23-7-8.6). Narrow exceptions exist for law enforcement, the Secretary of State's permit-issuance records, and records of firearms used in crimes (SDCL Section 23-7-8.7).

Carrying While Under the Influence

South Dakota prohibits possessing or carrying a loaded firearm while under the influence of alcohol or any controlled substance. The principal statute is SDCL Section 22-14-22, and the rule applies whether the person carries openly or concealed, whether the person holds a permit or is carrying under permitless-carry authority, and whether the person is on public or private property.

The Statute

SDCL Section 22-14-22 (Carrying a loaded firearm while under the influence of an alcoholic beverage or any controlled drug or substance) provides that no person may carry a loaded firearm while under the influence of:

• An alcoholic beverage, or
• Any controlled drug or substance.

Violation is a Class 1 misdemeanor - punishable by up to one year in county jail and a fine of up to $2,000 (SDCL Section 22-6-2).

What "Under the Influence" Means

The statute does not specify a numeric blood-alcohol concentration as the bar. "Under the influence" is a fact question for the trier of fact based on objectively observable signs of impairment: slurred speech, unsteady gait, bloodshot or glassy eyes, smell of alcohol on breath, failure of field-sobriety indicators, or admissions. The threshold is lower than the 0.08% BAC used for driving-under-the-influence offenses under SDCL Section 32-23-1. A person below the DUI threshold for driving may still be "under the influence" for firearms purposes.

In practice, prosecutors will reach for evidence of any meaningful impairment - bartenders' observations, body-camera footage, breath or blood samples taken incident to arrest, and the carrier's own statements.

What Counts as "Loaded"

South Dakota law does not contain a separate statutory definition of "loaded" within Chapter 22-14, but Section 22-14-22 covers any pistol or other firearm with a live round in the chamber or in an attached magazine that is engaged with the firearm. An unloaded firearm stored in a locked container with ammunition stored separately does not violate Section 22-14-22 even if the carrier is impaired.

For a carrier who keeps a pistol in a vehicle, the practical effect is that storing the firearm unloaded with the ammunition in a separate compartment (glove box separate from console, for example) avoids Section 22-14-22 risk while the carrier is consuming alcohol or after drinking.

Controlled Substances

The phrase "any controlled drug or substance" in Section 22-14-22 sweeps in:

• Scheduled controlled substances under SDCL Chapter 34-20B (state schedule).
• Unlawful use of substances scheduled under federal law.
• Marijuana. South Dakota's medical-marijuana program under SDCL Chapter 34-20G provides a state-law affirmative defense for registered patients possessing marijuana, but federal law (18 U.S.C. Section 922(g)(3)) prohibits any unlawful user of a controlled substance from possessing a firearm, and marijuana remains a Schedule I controlled substance under federal law. A medical-marijuana card holder is a prohibited person under federal law for firearm-possession purposes - and "carrying while a user of a controlled substance" can be charged under Section 22-14-22 because federal law makes the marijuana use unlawful for firearm-possession purposes.

A prescription medication taken as prescribed is generally not a Section 22-14-22 violation; however, a person whose prescribed medication produces impairment may still trigger the "under the influence" element on the alcohol-equivalent observable-impairment standard.

Stand Your Ground and Intoxication

SDCL Section 22-18-3 states that voluntary intoxication is not a defense to a use-of-force charge - meaning that a carrier who shoots while drunk does not escape Section 22-18-4.1's Stand Your Ground analysis (the analysis still applies), but voluntary intoxication is independently inculpatory and triggers the Section 22-14-22 violation as a separate offense.

The interaction matters in practice: a Stand Your Ground claim that succeeds on the use-of-force charge does not dispose of a separate Section 22-14-22 prosecution for being armed while impaired.

Establishments Serving Alcohol

Session Laws 2025 Chapter 36 repealed SDCL Section 23-7-70, which had separately prohibited concealed carry in establishments licensed to sell alcoholic beverages. After that repeal, the statutory bar on bar carry is gone, but Section 22-14-22 still applies to the carrier the moment the carrier becomes impaired. A carrier who orders a drink in a bar is not violating any statute by being armed in the bar, but the carrier crosses the Section 22-14-22 line the moment alcohol consumption produces observable impairment.

Establishments may post and exclude under common-law trespass; a posted "no firearms" notice puts the carrier at risk of trespass charges if asked to leave and not leaving.

Practical Guidance

The conservative approach used by most South Dakota carry instructors:

• Do not drink any alcohol while armed. Even a single beer can be enough to support a Section 22-14-22 charge if the carrier's behavior or appearance gives the officer probable cause.
• If you go to a bar, store the firearm unloaded in a locked compartment in the vehicle before entering, and re-arm only after the alcohol has cleared.
• Do not carry while using marijuana or any non-prescription controlled substance, including in jurisdictions that have decriminalized marijuana. Federal law and Section 22-14-22 both apply.
• Prescription medications: If a prescription medication carries impairment warnings, treat it the way you would treat alcohol - do not carry while impaired.

Penalties

Class 1 misdemeanor:

• Up to one year in county jail.
• Fine of up to $2,000.
• A Section 22-14-22 conviction will appear on a future Regular, Enhanced, or Gold Card permit application and will weigh heavily against the "no history of violence" / "habitually in an intoxicated or drugged condition" eligibility analysis under SDCL Section 23-7-7.1.

A Section 22-14-22 conviction, standing alone, does not make the person a federal prohibited person under 18 U.S.C. Section 922(g), but a pattern of such convictions combined with evidence of habitual use may be cited by federal prosecutors as evidence of "unlawful user" status.

Sources

• SDCL Section 22-14-22 (Carrying a loaded firearm under the influence)
• SDCL Section 22-6-2 (Class 1 misdemeanor penalty)
• SDCL Section 22-18-3 (Voluntary intoxication not a defense)
• SDCL Section 23-7-7.1 (Permit eligibility)
• 18 U.S.C. Section 922(g)(3) (Federal prohibition on firearm possession by unlawful user of controlled substance)

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)

Transporting Firearms

South Dakota imposes few state-law restrictions on transporting firearms. Since July 1, 2019 (HB 1056), permitless carry under SDCL Section 23-7-7 allows any adult 18 or older who is not a prohibited person to carry a loaded pistol concealed or openly in a vehicle. The principal limits on transport in South Dakota come from federal law (post offices, federal buildings, secure airport areas, the federal Gun-Free School Zone Act) and from the location-specific bans in SDCL Chapters 22-14 and 13-32.

In-State Vehicle Transport of Pistols

A pistol may be lawfully transported anywhere in South Dakota:

• Loaded, concealed, on the person: Permitted under permitless carry (SDCL Section 23-7-7) for any adult who is not a prohibited person.
• Loaded, openly carried, on the person: Permitted; South Dakota recognizes permitless open carry.
• In the glove box, console, or anywhere in the passenger compartment: Permitted, loaded or unloaded.
• In the trunk: Permitted, loaded or unloaded.

A pistol does not need to be locked, cased, or unloaded for transport on a public road in South Dakota. A South Dakota Regular, Enhanced, or Gold Card permit holder may carry concealed in the vehicle; a permitless carrier under the 2019 law may do the same.

In-State Vehicle Transport of Long Guns

Long guns (rifles and shotguns) are generally not subject to the concealed-pistol-permit framework because that framework regulates pistols. Long-gun transport rules are dominated by the hunting-and-game statutes:

SDCL Section 32-15-23 (Loaded firearm in motor vehicle - hunting context)

A loaded long gun may not be carried in or on a motor vehicle while hunting on a public road or right-of-way. The rule is hunting-specific. A long gun being transported between home and a hunting site, or between home and a range, is not within the "while hunting" trigger of the statute - but the conservative practice is to transport long guns unloaded with the action open or with a chamber-flag for any travel on a public road.

SDCL Section 32-15-22.1 (Loaded long gun while operating off-highway vehicle)

A similar restriction applies to off-highway vehicles being operated for hunting.

Federal Firearms Owners Protection Act (FOPA) (18 U.S.C. Section 926A)

Anyone lawfully entitled to possess a firearm in the state of origin and in the state of destination may transport unloaded long guns and pistols across any state, including states where the carrier could not lawfully possess the firearm at the destination, provided the firearm is unloaded and the firearm and ammunition are not readily accessible from the passenger compartment. For vehicles without a separate trunk, the firearm and ammunition must be in a locked container other than the glove box or console.

FOPA is a federal preemption shield against state prosecution during the protected transit. It does not preempt state-law prosecution for stops, detours, or destinations not on the protected travel route.

Air Travel

Federal regulations under 49 C.F.R. Part 1540 et seq. and 49 C.F.R. Part 175 govern air transport of firearms:

• Firearms must be declared at check-in.
• Firearms must be unloaded.
• Firearms must be in a locked hard-sided container.
• Ammunition must be in original manufacturer's packaging or a TSA-approved container.
• Firearms and ammunition may be checked in the same bag in most cases, but cannot be in carry-on luggage.

Carrying a loaded or unloaded firearm into the secure (post-screening) area of a commercial airport is a federal crime under 49 U.S.C. Section 46303. The South Dakota Regional Airport in Rapid City (RAP) and Sioux Falls Regional Airport (FSD) follow the standard TSA rules.

A South Dakota concealed-pistol-permit holder is not exempt from the TSA secure-area prohibition - the state permit has no federal-secure-area authority.

Federal Buildings and Post Offices

Carrying a firearm into a federal facility violates 18 U.S.C. Section 930. The definition of "federal facility" includes federal courthouses, federal office buildings, federal post offices, and Veterans Affairs facilities. A South Dakota permit provides no exemption.

For United States Postal Service facilities, 39 C.F.R. Part 232 extends the prohibition to the post office parking lot. Federal courts have split on whether the parking-lot rule survives Second Amendment challenge; until the Supreme Court speaks, the conservative approach is to leave the firearm at home or in a locked container off USPS property when entering a post office.

Military Installations

Carrying a firearm onto an active military installation is governed by the installation commander's regulations and base-specific orders. Ellsworth Air Force Base near Rapid City and the South Dakota National Guard facilities operate under these federal rules.

Federal Gun-Free School Zone

18 U.S.C. Section 922(q) prohibits possession of a firearm within 1,000 feet of school grounds. The statute exempts a person licensed by the state in which the school zone is located, provided the license was issued after a background check. A South Dakota Regular, Enhanced, or Gold Card permit qualifies the holder for the exemption. A permitless carrier under the 2019 law is not exempt and may not transport a firearm through a 1,000-foot federal Gun-Free School Zone except under one of the other narrow exceptions (private property not part of school grounds; unloaded firearm in a locked container or locked firearms rack in a motor vehicle; etc.).

This is the principal reason South Dakotans who never travel armed out of state still apply for the Regular Permit - the federal school-zone exemption.

State Parks and Recreation Areas

State parks and state-operated recreation areas administered by the South Dakota Department of Game, Fish and Parks generally permit carry by anyone lawfully entitled to possess a firearm. The 2019 constitutional-carry reform and Section 23-7-7 apply equally on these state lands. Hunting on state lands is governed by Title 41 (Game and Fish).

Native American Reservations

The nine federally recognized Indian tribes in South Dakota each have independent firearm and concealed-carry laws on tribal land. Some tribes recognize South Dakota permits; others do not. The conservative practice when crossing onto tribal land is to verify the tribe's current rule with the tribal court or police department. Federal Public Law 280 jurisdictions do not apply to South Dakota tribes; the tribe's own law governs.

Out-of-State Travel

Reciprocity controls whether a South Dakota Regular, Enhanced, or Gold Card permit is honored in another state. See the RECIPROCITY section for the current list of states honoring South Dakota's three permit tiers. A permitless carrier crossing into another state must comply with that state's law - permitless-carry authority does not travel.

FOPA (18 U.S.C. Section 926A) provides the federal-law transit shield discussed above for unloaded-and-locked long-gun and pistol transport.

Practical Transport Checklist

For a South Dakota resident transporting firearms within the state:

• Loaded pistol in vehicle: permitted, with or without permit, for anyone 18+ not prohibited.
• Loaded long gun in vehicle on public road: avoid while hunting; otherwise lawful but disfavored.
• Through a federal Gun-Free School Zone: hold the South Dakota Regular, Enhanced, or Gold Card permit, or have the firearm unloaded in a locked container.
• Onto school grounds: not permitted; in vehicle only, under 2025 amendments and SDCL Section 13-32-7 carve-out.
• Onto a college or technical school campus: Enhanced permit holders only, under SDCL Section 13-53-56 and 13-39A-43, with locked-case storage when not on person.
• Into a county courthouse: not permitted (SDCL Section 22-14-23).
• Into the State Capitol: 24-hour advance notice (SDCL Section 22-14-24(5)).
• Into a federal facility, post office, or secure airport area: not permitted under federal law.

Sources

• SDCL Section 23-7-7 (Concealed carry; permitless carry)
• SDCL Section 32-15-23 (Loaded long gun in vehicle while hunting)
• SDCL Section 13-32-7 (Firearms on school premises)
• SDCL Sections 13-53-56, 13-39A-43 (Campus carry)
• 18 U.S.C. Section 926A (Federal Firearms Owners Protection Act - interstate transport)
• 18 U.S.C. Section 922(q) (Federal Gun-Free School Zone Act)
• 18 U.S.C. Section 930 (Federal facilities)
• 49 U.S.C. Section 46303 (Carrying weapon at airport)
• 49 C.F.R. Part 175 (TSA air transport of hazardous materials)
• 27 C.F.R. Part 478 (ATF interstate transport)

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)

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)

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)

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: [email protected] 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.