South Dakota imposes location, status, and conduct restrictions that apply whether or not the carrier holds a permit. The 2019 constitutional-carry...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
South Dakota imposes location, status, and conduct restrictions that apply whether or not the carrier holds a permit. The 2019 constitutional-carry reform (HB 1056) removed the permit requirement but did not repeal the substantive location bans, the prohibited-person bar, or the conduct restrictions in SDCL Chapters 22-14 and 22-18.
A person may not carry a pistol (concealed or openly, permit or no permit) if any of the following applies:
A person whose Regular Permit has been revoked through the show-cause process in SDCL Section 23-7-8.4 may still carry concealed under permitless-carry rules if otherwise eligible; the revocation is a permit-specific consequence, not a categorical disqualification, unless the revocation was based on the person's becoming a prohibited person under Section 23-7-7.1.
The following locations are off-limits to all carriers, including permitless carriers and Enhanced/Gold Card permit holders (unless a specific statutory carve-out applies):
SDCL Section 22-14-23 prohibits carry inside any county courthouse. The county must conspicuously post notice at each public entrance (Section 22-14-26). Holding any concealed pistol permit is not a defense under Section 22-14-27. A county commission may waive the courthouse restriction by majority vote (Section 22-14-28). A narrow exception under Section 22-14-24 permits carry incident to a hunter-safety or gun-safety course held at the courthouse.
SDCL Section 22-14-24(5) requires a concealed-pistol-permit holder to give 24-hour advance notice (oral or written) to the Highway Patrol or the State Capitol security detail, specifying the date or range of dates the person intends to carry, before entering the State Capitol while armed. Open carry at the State Capitol falls under separate rules; consult current Capitol security directives before entering openly armed.
SDCL Section 13-32-7 prohibits firearms on elementary, secondary, post-secondary, and other school premises. The 2025 amendment (Session Laws 2025) authorizes a concealed-pistol-permit holder to keep a pistol in a locked motor vehicle on school property; the firearm may not be carried out of the vehicle onto the school grounds.
Effective March 24, 2025 (Session Laws 2025 Chapter 86), Enhanced Permit holders, restricted Enhanced Permit holders, and reciprocal Enhanced-equivalent permit holders may carry concealed on state university and technical college campuses, subject to:
See SDCL Sections 13-53-56, 13-53-57, 13-39A-43, 13-39A-44 for the campus-carry provisions.
SDCL Section 1-26-6.10 permits a state agency to restrict weapons in its hearing rooms. A posted notice is the operative restriction.
Under common-law trespass principles and South Dakota's general firearms-on-private-property rule, a private property owner or lessee may prohibit firearms on the premises by posted notice or by communicating the restriction. There is no statutory penalty enhancement for ignoring a "no-firearms" sign, but the carrier becomes a trespasser if asked to leave and refuses.
Federal law independently prohibits firearms in:
A South Dakota Regular, Enhanced, or Gold Card permit qualifies the holder for the federal Gun-Free School Zone Act exemption that applies to "licensed" carriers in the state of issuance; a permitless carrier does not have that exemption.
Session Laws 2025 Chapter 36 repealed SDCL Section 23-7-70, which had prohibited concealed carry in establishments licensed to sell alcoholic beverages. As of the effective date of that chapter, statutory prohibition on bar carry is removed; the underlying SDCL Section 22-18-3 rule that "intoxication is no defense" to use-of-force charges remains in effect, and an establishment may still post and exclude.
SDCL Section 22-14-22 prohibits carrying a loaded firearm while under the influence of alcohol or any controlled substance. Violation is a Class 1 misdemeanor. The statute does not specify a numeric blood-alcohol threshold; "under the influence" is a fact question for the trier of fact based on observable signs of impairment.
SDCL Section 22-14-21 prohibits drawing, exhibiting, or using a firearm in an angry or threatening manner not in necessary self-defense. Lawful display incident to a self-defense scenario falls under the use-of-force provisions in SDCL Sections 22-18-4 through 22-18-4.9.
SDCL Section 22-14-15 makes it a Class 6 felony for a person convicted of a felony or crime of violence to possess a firearm. Civil-rights restoration through gubernatorial pardon or expungement may restore firearm rights; the procedure is statutory and not automatic.
General assault, criminal endangerment, and reckless-discharge statutes (SDCL Sections 22-14-7, 22-14-8, 22-18-1) apply to any person who discharges a firearm without lawful justification.
A prohibited person who carries a concealed pistol violates SDCL Section 22-14-15 (felon in possession, Class 6 felony) and, in some circumstances, the pre-2019 SDCL Section 22-14-9 framework as it continues to apply to prohibited persons. Federal prosecution under 18 U.S.C. Section 922(g) is also available and carries substantially higher penalties.
No state agency, political subdivision, or their employees may keep a list, record, or registry of privately owned firearms, firearm owners, or concealed-pistol-permit holders (SDCL Section 23-7-8.6). Narrow exceptions exist for law enforcement, the Secretary of State's permit-issuance records, and records of firearms used in crimes (SDCL Section 23-7-8.7).
This page covers one part of our South Dakota concealed carry guide.
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