Frequently Asked Questions - South Dakota Concealed Carry

Do I need a permit to carry a concealed pistol in South Dakota?

No. Since July 1, 2019, South Dakota has been a constitutional-carry state. Any adult 18 years of age or older who is not a prohibited person under federal (18 U.S.C. Section 922(g)) or state (SDCL Section 23-7-7.1) law may carry a pistol concealed or openly without a permit. SDCL Section 23-7-7 expressly states that the existence of the permit system "does not impose a general prohibition on the carrying of a pistol without a permit."

Then why would I ever apply for a permit?

Five practical reasons:

1. Reciprocity. Most other states recognize a South Dakota permit; few recognize permitless carry from another state. If you ever travel armed, you want at least a Regular Permit.
2. Federal Gun-Free School Zone exemption. 18 U.S.C. Section 922(q) carves out "licensed" carriers in the state of issuance. A permitless carrier transiting the federal 1,000-foot Gun-Free School Zone violates federal law absent another exemption. A Regular, Enhanced, or Gold Card permit cures this.
3. Campus carry. Session Laws 2025 Chapter 86 (SDCL Sections 13-53-56, 13-39A-43) authorizes Enhanced Permit holders to carry concealed on state university and technical college campuses. Permitless carriers and Regular Permit holders may not.
4. Federal NICS-alternative status. The Gold Card Permit historically appears on the ATF's Brady Permit Chart as a NICS-alternative for handgun purchases. A Gold Card holder may buy a handgun from a Federal Firearms Licensee without a separate point-of-sale NICS check (always verify against the current ATF chart).
5. Quick resolution of a traffic stop. The officer running your driver's license sees your permit status; it generally short-circuits the "is this person armed?" inquiry and reduces the encounter time.

What is the minimum age to carry concealed without a permit?

18 years of age. SDCL Section 23-7-71 prohibits carry by a person under 18 except in the presence of a parent or legal guardian.

What is the minimum age for a permit?

18 for the Regular Permit (SDCL Section 23-7-7.1) and for the Enhanced Permit, though Enhanced applicants aged 18 to 20 receive a "temporary restricted enhanced permit" until age 21 (SDCL Sections 23-7-54.2, 23-7-54.4). Gold Card Permit requires the underlying Regular Permit eligibility, so 18 also.

What are the three permit types and how do they differ?

All three permits are valid for five years (SDCL Sections 23-7-8.2, 23-7-55, 23-7-63).

Can I open carry?

Yes. South Dakota has long permitted open carry. Constitutional carry (since 2019) made the permitless framework explicit. The same prohibited-person and location-restriction rules that apply to concealed carry apply to open carry.

Where am I prohibited from carrying, permit or no permit?

• County courthouses (SDCL Section 22-14-23; permit is not a defense per Section 22-14-27).
• Schools (SDCL Section 13-32-7; vehicle-storage carve-out for permit holders effective 2025).
• The State Capitol without 24-hour advance notice (SDCL Section 22-14-24(5)).
• Federal facilities, post offices, and secure airport areas (federal law).
• Posted private property (common-law trespass).
• College campuses (except by Enhanced Permit holder under Session Laws 2025 Chapter 86).

Is there a duty to inform a police officer that I am armed?

No. South Dakota imposes no statutory duty to volunteer your armed status during a law-enforcement encounter. If asked, you must answer truthfully. Most instructors recommend voluntary disclosure during a traffic stop.

Can I carry into an establishment that serves alcohol?

Yes, as of Session Laws 2025 Chapter 36 (which repealed SDCL Section 23-7-70). But you remain subject to SDCL Section 22-14-22 - carrying while under the influence is a Class 1 misdemeanor. Also, the establishment may post a no-firearms notice and exclude you as a matter of common-law trespass.

What is the legal standard for using deadly force in self-defense?

Under 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 the actor or another, or to prevent the imminent commission of a forcible felony. Stand Your Ground: 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 Castle Doctrine (Section 22-18-4.2) provides similar protection in a dwelling or residence in which the actor has a right to be.

Does South Dakota have a red-flag law?

No. South Dakota does not have an Extreme Risk Protection Order or red-flag statute. Behavioral-health firearm removal occurs through SDCL Chapter 27A involuntary commitment, SDCL Chapter 25-10 domestic-violence protection orders, or case-specific conditions of pretrial release and probation.

Does South Dakota have universal background checks or registration?

No. The state has no universal-background-check requirement for private firearm sales. There is no firearm registration. SDCL Section 23-7-8.6 specifically prohibits any state agency, political subdivision, or their employees from keeping a list, record, or registry of privately owned firearms, firearm owners, or concealed-pistol-permit holders.

Federal-law NICS checks at Federal Firearms Licensees apply to all dealer sales.

What's the gun-free-school-zone rule?

Federal 18 U.S.C. Section 922(q) prohibits possession of a firearm within 1,000 feet of any school. A South Dakota Regular, Enhanced, or Gold Card permit qualifies the holder for the federal exemption. A permitless carrier does not have the exemption and may not carry a firearm through a 1,000-foot federal Gun-Free School Zone without another federal-law exception.

What happens if I move? Can I keep my permit?

Within South Dakota: notify the Secretary of State in writing of the new address (SDCL Section 23-7-69). The Secretary of State must provide a new permit at no charge.

Out of South Dakota: a South Dakota permit issued to a person who has established residency in another state is generally not honored by other states' issuing authorities, but the permit remains technically valid until expiration. Most carriers obtain a new permit in their new state of residence.

Can I keep a gun in my car?

Yes. Loaded carry of a pistol in a vehicle is permitted under permitless-carry rules. Loaded long guns are restricted only in hunting contexts (SDCL Section 32-15-23). The 2025 amendment allows concealed-pistol-permit holders to keep a pistol in a locked vehicle on school property (the firearm must remain in the vehicle).

What about the magazine capacity? Are there any limits in South Dakota?

No state-law magazine-capacity limit. South Dakota has not enacted an "assault weapons" ban or a high-capacity-magazine ban. Federal law (18 U.S.C. Section 922) imposes no general magazine-capacity limit for civilians.

Can I buy a suppressor or short-barreled rifle?

Yes, with ATF Form 4 approval and the $200 federal tax stamp. South Dakota does not have state-level restrictions beyond compliance with federal NFA law (SDCL Section 22-14-6).

Can I use a suppressor for hunting?

Yes. The South Dakota Game, Fish and Parks Commission has approved suppressor use for legal take of game, subject to the standard hunting-license and seasonal rules.

What's the difference between "concealed" and "loaded"?

Under SDCL Section 22-1-2(6), "concealed" means a firearm totally hidden from view. If any part of the firearm is capable of being seen, it is not concealed. "Loaded" is not separately defined in Chapter 22-14 - it generally means a firearm with a live round in the chamber or in an engaged magazine.

What about magazines of ammunition - do they need to be locked away from the firearm?

No. South Dakota does not require ammunition to be stored separately from firearms. No state safe-storage statute.

What's the penalty for carrying while a prohibited person?

For a convicted felon, SDCL Section 22-14-15 makes possession of a firearm a Class 6 felony - up to two years in state prison and a fine of up to $4,000. Federal prosecution under 18 U.S.C. Section 922(g)(1) may also be pursued, with sentences up to 10 years.

What if I have a medical marijuana card?

You are a prohibited person under federal law (18 U.S.C. Section 922(g)(3)) and may not possess a firearm, even though South Dakota's medical-marijuana program (SDCL Chapter 34-20G) provides state-law authority to possess marijuana. South Dakota has not enacted any state-law shield against the federal prohibition.

Practical effect: a South Dakota medical-marijuana cardholder who possesses a firearm is committing a federal felony.

I have a felony conviction from 25 years ago. Can I get my firearm rights back?

Possibly. South Dakota offers gubernatorial pardon and certain expungement remedies that restore state-law firearm rights. Federal rights restoration through the ATF's 18 U.S.C. Section 925(c) administrative-relief program has not been funded since 1992 - it is theoretically available but practically inert. A state pardon that restores civil rights may satisfy the federal "civil rights restoration" exception under 18 U.S.C. Section 921(a)(20), but the law is fact-intensive and you should consult a South Dakota-licensed attorney.

How long does it take to get a permit?

• Regular Permit: 5 days for the temporary permit (SDCL Section 23-7-7.1).
• Enhanced Permit: 5 days for the temporary permit (separate from training, which may take additional weeks).
• Gold Card Permit: 30 days for the temporary permit (SDCL Section 23-7-61).

The final permit (after the NICS, fingerprint, and INTERPOL checks clear, if applicable) follows shortly thereafter.

Where do I get an application?

Your county sheriff's office. Some counties accept electronic applications. The Secretary of State (sdsos.gov) publishes the prescribed application forms.

I'm a non-resident visiting South Dakota. What can I carry?

If you hold a valid concealed-carry permit issued by your home state, South Dakota recognizes it (universal recognition under the SD Secretary of State's policy). If you do not have a home-state permit, you may still carry concealed in South Dakota under permitless-carry rules so long as you are 18+ and not a prohibited person - South Dakota's constitutional carry applies to residents and non-residents alike.

Who can I call for free legal help?

South Dakota does not have a state-funded firearm-law hotline. The South Dakota State Bar Lawyer Referral Service can connect you with private counsel. For non-emergency questions:

• South Dakota Gun Owners (southdakotagunowners.org)
• USCCA member legal hotline (for USCCA members)
• NRA-ILA state alerts
• Your county sheriff's permit clerk for application-process questions