South Dakota is a constitutional-carry state. Effective July 1, 2019, Governor Kristi Noem signed House Bill 1056 (later codified in amendments to SDCL...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
South Dakota is a constitutional-carry state. Effective July 1, 2019, Governor Kristi Noem signed House Bill 1056 (later codified in amendments to 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 otherwise prohibited from possessing a firearm under state or federal law (18 U.S.C. Section 922(g)) may carry a pistol openly or concealed 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," and permitless carry applies equally to residents and lawful out-of-state visitors.
South Dakota did not abolish its permit system. The state continues to issue three tiers of concealed pistol permits, each administered by the county sheriff under SDCL Chapter 23-7. The Regular Permit under Section 23-7-7 requires a NICS background check and a sworn application; it issues within five days. The Enhanced Permit under Section 23-7-53 adds a qualifying handgun course with at least 98 rounds of live fire and unlocks campus carry and broader reciprocity. The Gold Card Permit under Section 23-7-60 adds an FBI fingerprint-based national background check and is recognized by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives as a Brady Permit Chart NICS-alternative for handgun purchases - the only South Dakota permit that historically appears on that chart. All three permits are valid for five years (Sections 23-7-8.2, 23-7-55, 23-7-63).
Self-defense is governed by SDCL Chapter 22-18, with the modern framework established by Session Laws 2021 Chapter 93. Section 22-18-4 authorizes non-deadly defensive force with no duty to retreat. Section 22-18-4.1 codifies Stand Your Ground for deadly force when the actor is not engaged in criminal activity and is in a place where the actor has a right to be. Section 22-18-4.2 codifies the Castle Doctrine for dwellings and residences. Section 22-16-34 describes justifiable homicide in defense of person, habitation, or property.
Under SDCL Section 23-7-7 as amended by HB 1056 (2019), the permitless-carry rule applies if all of the following are true:
If any one of these conditions fails, the underlying offense of carrying a concealed pistol without a permit under prior SDCL Section 22-14-9 (now substantially modified) may still be charged against a prohibited person, and the permitless-carry exception is unavailable. Constitutional-carry status also does not exempt the carrier from posted-property rules, statutory location bans, or federal location bans (post offices, federal buildings, secure airport areas, military installations, and the federal Gun-Free School Zone Act for non-licensed carriers).
Persons under 18 may not carry a concealed pistol except in the presence of a parent or legal guardian (SDCL Section 23-7-71).
South Dakota's three concealed pistol permits remain valuable post-constitutional-carry for reciprocity, federal NICS-alternative status, college and university campus carry under Session Laws 2025 Chapter 86, and quicker resolution of out-of-state encounters.
Permit holders and permitless carriers face the same location restrictions. The 2019 law removed the permit requirement; it did not repeal the substantive location bans codified primarily in SDCL Chapter 22-14.
South Dakota statute prohibits carrying a firearm, for permit holders and permitless carriers alike, in:
A 2025 reform package (Session Laws 2025 Chapter 36) repealed SDCL Section 23-7-70 (which had prohibited carry in establishments serving alcohol) and prohibits local governments from restricting concealed carry by their own employees, officers, and volunteers in government buildings, facilities, and vehicles.
Stand Your Ground (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 himself or another, or to prevent the imminent commission of a forcible felony. There is 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 NRA-ILA has described South Dakota's statutory language as among the strongest stand-your-ground provisions in the United States.
Castle Doctrine (SDCL Section 22-18-4.2). A person who is in a dwelling or residence in which the person has a right to be has no duty to retreat and may stand the person's ground using or threatening any non-deadly or deadly force the person reasonably believes is necessary. The statute's definitions of "dwelling" and "residence" (SDCL Section 22-18-3.1) sweep in tents, campers, motorhomes, and any other conveyance whether mobile or immobile, plus attached garages and porches.
Defense of others, property, and devices. SDCL Sections 22-18-4.3 through 22-18-4.9 address defense of third persons, defense of property, use of mechanical devices for property protection, and related issues. Section 22-16-34 codifies justifiable homicide.
Immunity. South Dakota's statutory scheme does not provide the explicit pretrial-immunity hearing process some Stand Your Ground states have. A defense based on Section 22-18-4.1 or 22-18-4.2 is asserted in the criminal proceeding under the burden-shifting framework in Section 22-18-3.
South Dakota imposes no statutory duty on a permit holder or permitless carrier to volunteer to a law enforcement officer that they are armed. If the officer asks, the carrier must answer truthfully; lying to a peace officer is a separate offense. Most South Dakota instructors recommend voluntary disclosure during a traffic stop, both to defuse the encounter and because the licensee's permit data is visible to dispatch when the officer runs the driver's license.
South Dakota recognizes valid concealed-carry permits issued by all other U.S. states for visitors lawfully entitled to possess a pistol. This universal-recognition rule operates whether or not a formal reciprocity agreement exists. Outbound reciprocity for South Dakota permit holders is broader for Enhanced and Gold Card permits than for the Regular Permit. Several states (including Illinois) decline to recognize South Dakota's Regular Permit but recognize the Enhanced or Gold Card; always consult the target state's published permit chart and the South Dakota Secretary of State's reciprocity list (sdsos.gov) before traveling armed.
If you are at least 18, are not a prohibited person, and have lawful possession of a pistol, you may carry it openly or concealed in South Dakota without applying for anything. The three permits remain useful: the Regular for reciprocity with most permit-honoring states; the Enhanced for live-fire-trained carriers who want campus carry and broader reciprocity; and the Gold Card for those who want their permit to function as a federal Brady NICS-alternative at the gun counter and for international-background-check verification.
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.