State Laws

South Dakota Gun Laws


South Dakota Gun Laws
South Dakota is classified as a "shall issue" state in regards to carrying concealed weapons. Permits are to be issued to those who qualify through a local county sheriff.

A concealed weapons permit allows individuals to carry pistols and handguns legally in specific areas. Five days after an application has been processed a temporary permit will be issued.

Concealed weapons are always prohibited from secondary school property, elementary school property, courthouses, and any building where alcohol is the main service provided. Non-resident concealed weapons permits are recognized in the state of South Dakota. Concealed pistol permits are not required in South Dakota due to open carry legality. When firearms are fully visible, they are lawful to be transported in motor vehicles.

Handguns that are to be purchased from Federal Firearms Licensed dealers must be preceded by an application. This application is later issued to the local police through the dealer.

When an individual passes the federal background check, he or she will automatically have the right to possess any kind of firearm as stated by a new law passed as of the first of June 2009.

Local government units in South Dakota do not have the right to restrict the transporting of, the possessing of, the manufacturing of, the owning of, the selling of, or the repairing of ammunition or firearms. Under South Dakota law those who distribute, manufacture, or sell firearms are not to be held liable if a firearm causes injury to an individual.

Firearm Legalities
Permits are not needed to carry shotguns or rifles in South Dakota, but permits are needed to carry handguns within the state. This kind of permit is only required if the weapon is concealed and fully out of viewing. Rifle, shotgun, and handgun owners are not required by law to be licensed.

Permits are also not needed when purchasing shotguns and rifles. Though a permit is not required to purchase a handgun, a waiting period of forty-eight hours will need to pass for a background check before the purchase can be completed. South Dakota law states that handguns, rifles, and shotguns do not need to be registered.

Possessing Firearms
Individuals under the age of eighteen are not permitted to possess handguns or pistols. A minor is allowed to operate firearms when a parent or guardian is present; while participating in ranching, target shooting, or farming; on the private property of an immediate family member or parent; or while practicing with a qualified safety instructor.

When an individual has been convicted of a felony offense or a violent crime in South Dakota or in another state, he or she will lose his or her right to possess a firearm. After fifteen years, individuals who have been paroled, completed probation, or where discharged from jail or prison may petition for his or her rights to be reinstated.

Misdemeanor offenses marked as domestic violence cases disqualify individuals from the right to possess firearms. These civil rights may be re-extended after one year.

See also:
South Dakota Felony
South Dakota Divorce Laws
South Dakota Bankruptcy Laws
South Dakota Misdemeanor External link (opens in new window)
South Dakota Expungement External link (opens in new window)