South Dakota prohibits possessing or carrying a loaded firearm while under the influence of alcohol or any controlled substance. The principal statute...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
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.
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:
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).
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.
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.
The phrase "any controlled drug or substance" in Section 22-14-22 sweeps in:
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.
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.
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.
The conservative approach used by most South Dakota carry instructors:
Class 1 misdemeanor:
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.
This page covers one part of our South Dakota concealed carry guide.
Read the complete South Dakota guideBrowse local instructors offering state-approved training in your area. Book online, complete your training, and get one step closer to your concealed carry permit.