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...
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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).
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.
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).
A temporary permit shall be issued if the applicant:
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).
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:
Concealed carry (with or without a permit) is prohibited in:
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).
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)).
Public elementary and secondary schools - premises, vehicles, or buildings used for school functions (SDCL 13-32-7) - Class 1 misdemeanor.
Governor Larry Rhoden signed several significant bills into law on March 24, 2025:
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.
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).
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).
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).
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).
South Dakota has no statutes prohibiting firearms in:
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.
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).
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).
School boards may establish armed school sentinel programs (Chapter 13-64). Requirements include:
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.
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).
| Statute | Subject |
|---|---|
| SDCL 23-7-7 | Permit issuance; permitless carry |
| SDCL 23-7-7.1 | Eligibility requirements |
| SDCL 23-7-8 | Application procedures |
| SDCL 23-7-8.2 | Permit duration (5 years) |
| SDCL 23-7-53 | Enhanced permit application |
| SDCL 23-7-58 | Qualifying handgun course |
| SDCL 23-7-60 | Gold card permit application |
| SDCL 22-14-22 to 22-14-28 | Courthouse and capitol restrictions |
| SDCL 13-32-7 | Schools prohibition and exceptions |
| SDCL 23-7-8.6 | Privacy of permit records |
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.