South Dakota permits open carry without a permit for any adult 18 or older who is not a prohibited person. Open carry was lawful in South Dakota before the...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
South Dakota permits open carry without a permit for any adult 18 or older who is not a prohibited person. Open carry was lawful in South Dakota before the 2019 constitutional-carry reform (HB 1056, effective July 1, 2019), and it remains lawful after. The state has no statute specifically authorizing or specifically prohibiting open carry; the legality flows from the absence of a state-law concealment requirement combined with the prohibited-person and location-restriction framework that applies equally to open and concealed carry.
For both residents and lawful out-of-state visitors, the answer is the same: open carry of a pistol or long gun is lawful for any adult 18+ who is not a prohibited person under federal (18 U.S.C. Section 922(g)) or state (SDCL Section 23-7-7.1) law.
South Dakota statute does not define "open carry" in Title 22 (Crimes). The state-law concept of "concealed" is defined at SDCL Section 22-1-2(6): a firearm is concealed when it is "totally hidden from view." Anything less than total concealment is open carry. A holstered pistol with the grip visible on a belt - even one partially covered by a jacket - is technically open carry under the state-law definition.
This distinction matters less now that permitless concealed carry is also lawful. Before 2019, the open-vs-concealed distinction was the difference between needing a permit and not. After 2019, both carry modes are lawful for any qualified adult.
Open carry does not override:
The line between lawful open carry and unlawful brandishing is governed by SDCL Section 22-14-21. Carrying a holstered or slung firearm in a visible but passive manner is lawful open carry. Drawing the firearm, pointing it, or otherwise displaying it in an "angry or threatening manner not in necessary self-defense" is a Class 1 misdemeanor, regardless of whether the carrier is also a lawful permit holder.
In practice, the brandishing line is a fact question for law enforcement and the prosecutor. Carrying a holstered pistol into a coffee shop is lawful open carry. Drawing the pistol because someone cut in line is brandishing.
A pistol may be carried openly in a vehicle, loaded or unloaded, in any visible location (on the dashboard, on the passenger seat, in a visible vehicle holster). The constitutional-carry framework under SDCL Section 23-7-7 covers loaded vehicle carry of pistols.
Loaded long-gun carry in a vehicle is restricted by SDCL Section 32-15-23 in the hunting context - a loaded long gun may not be carried in or on a motor vehicle while hunting on a public road or right-of-way. Outside hunting, loaded long-gun vehicle carry is not prohibited by state statute, but the conservative practice is to transport long guns unloaded with the action open or with a chamber flag.
A private property owner or lessee may prohibit firearms on the premises by posted notice or by communicating the restriction. The carrier who is asked to leave and refuses becomes a trespasser. South Dakota has no statutory penalty enhancement for ignoring a posted "no firearms" sign; the only sanction is common-law trespass under SDCL Chapter 21-1 or, in the case of a business establishment, criminal trespass under SDCL Section 22-35-5.
A restaurant, retail store, gas station, or other business is private property and may prohibit firearms even though the public is generally invited.
Open carry on public sidewalks, public streets, public parks (subject to state-park rules), state lands, and other publicly accessible spaces is lawful for any qualified adult. The location-ban statutes (courthouses, capitol, schools) are the principal exceptions.
The 2025 amendments (Session Laws 2025 Chapter 36) expanded preemption to prohibit local governments from restricting concealed carry by their own employees in government buildings. The provision applies primarily to concealed carry; open carry by government employees in government buildings has historically been subject to employer policy as a condition of employment, and the 2025 amendments primarily address concealed carry.
Special events held on public property (parades, festivals, public gatherings) may restrict firearm carry through the permit issued to the event organizer. The local government's authority to attach firearm-restriction conditions to a special-event permit is constrained by state preemption (SDCL Section 9-19-20 for municipalities; Section 7-18A-36 for counties); however, the event organizer (acting as the temporary occupant of the venue) may impose its own firearm restrictions as a condition of entry.
Sporting events at state university campuses fall under the 2025 campus-carry framework (SDCL Sections 13-53-56, 13-39A-43) which allows institutions to restrict carry at events with metal detectors and armed security on duty. Most professional sports venues in Sioux Falls and Rapid City have firearm-prohibition policies posted at the entrance.
South Dakota is generally a firearm-friendly state, but open carry in urban or suburban contexts is uncommon outside of hunting season. A holstered pistol visible at a Sioux Falls coffee shop is legally protected but may draw 911 calls from members of the public unfamiliar with open-carry norms. The responding officers will typically verify the carrier is not a prohibited person and that no other offense is occurring, then conclude the encounter.
In hunting country (the Black Hills, the river country, the rural counties), open long-gun carry from a vehicle to a hunting blind is normal and unremarkable.
Same as concealed carry - open carry by a non-licensed person within 1,000 feet of school grounds violates 18 U.S.C. Section 922(q). A Regular, Enhanced, or Gold Card permit holder is exempt for carry in South Dakota.
Open carry is lawful in South Dakota for any adult 18+ not a prohibited person. The same location-restriction and conduct rules that apply to concealed carry apply to open carry. The federal Gun-Free School Zone Act is the principal trap for non-licensed open carriers in populated areas.
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.