Carrying a Gun in Your Car in South Dakota: Vehicle Carry Laws

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South Dakota enacted "constitutional carry" in 2019 (SL 2019, ch 113), which repealed the former prohibition on carrying a concealed weapon without a permit (former SDCL 22-14-9).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