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....
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
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.
Under SDCL Section 23-7-7 as amended by HB 1056, the permitless-carry rule applies to any person who is:
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.
The permitless-carry rule does not override the prohibited-person bar. Even though no permit is required, the following persons may not lawfully carry:
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).
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:
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.
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.
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 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.
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.
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:
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.
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.