South Dakota

For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

Minimum Age to Purchase/Possess

South Dakota prohibits any person from selling, transferring, giving, loaning, furnishing, or delivering ammunition to any person under age 18, if such person knows or reasonably believes that the minor intends, at the time of transfer, to use the ammunition in the commission or attempted commission of a crime of violence.  S.D. Codified Laws § 23-7-46.

Federal law prohibits firearms dealers from selling or delivering ammunition for a shotgun or rifle to any person the dealer knows or has reasonable cause to believe is under the age of 18.  18 U.S.C. § 922(b)(1), (c)(1).  Dealers are prohibited from selling or delivering handgun ammunition to any person the dealer knows or has reasonable cause to believe is under the age of 21.  Id.

Unlicensed persons generally may not sell, deliver or otherwise transfer handgun ammunition to any person the transferor knows or has reasonable cause to believe is under the age of 18.  18 U.S.C. § 922(x)(1), (3) and (5). 

No relevant statutes currently exist.

Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearms purchasers to ensure that such persons are not prohibited from buying or possessing a firearm.  This background check requirement and the National Instant Criminal Background Check System (“NICS”) were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq. Federal law defines a number of classes of prohibited purchasers (including felons, fugitives, persons adjudicated as “mental defectives” or those committed to mental institutions), and leaves to the states the power to determine additional classes.  (For a complete list of federally prohibited purchasers, click here.)

Under the Brady Act, states have the option of serving as a “state point of contact” and conducting their own background checks using NICS and state informational records and databases, or having the checks performed by the FBI using only NICS.  Federal law does not require that private sellers (persons other than firearms dealers) conduct background checks on prospective purchasers.

In South Dakota, all firearms transfers by licensed dealers are processed directly through the FBI, which enforces the federal purchaser prohibitions referenced above. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006). In addition, South Dakota has adopted other classes of prohibited persons, and incorporated some of the federal prohibitions as state offenses.  The following code sections provide that, subject to certain limited exceptions, no person shall possess a firearm if he or she:

• Has been convicted of a crime of violence or a felony in the past 15 years. Section 22-14-15;

• Has been convicted of a felony under Chapter 22-42 (unauthorized possession of a controlled substance or marijuana) in South Dakota or of similar felony violations under the laws of another state in the past five years. Section 22-14-15.1;

• Has been convicted of any misdemeanor crime involving an act of domestic violence within the past year.  Section 22-14-15.2;

• Is under the age of 18, per sections 23-7-44 and 23-7-45. For exceptions to this prohibition, see the South Dakota Minimum Age to Purchase/Possess section.

The purchaser of a handgun must, at the time of purchase, have a valid permit to carry a concealed handgun or complete an application to purchase a handgun. Section 23-7-10. The federal firearms licensee transferring the handgun must, within six hours of the transaction, submit the completed application to the chief of police of the municipality or the sheriff of the county of which the purchaser is a resident. Id. The application duplicate shall be returned to the federal firearms licensee by the chief of police or sheriff, and the original shall be retained by law enforcement for a period of one year. Id.

Firearms transfers by private sellers (non-firearms dealers) are not subject to background checks in South Dakota, although federal and state purchaser prohibitions still apply. See the South Dakota Private/Secondary Sales section.

For information about the reporting of mental health information for use in firearm purchaser background checks, see the South Dakota Mental Health Reporting section.

No relevant statutes currently exist.

Possession Restrictions

In South Dakota, no person may carry a concealed handgun on his or her person, loaded or unloaded, without a permit.  S.D. Codified Laws § 22-14-9.  Section 22-14-9 does not apply to any person who possesses a handgun in his or her dwelling house or place of business or on land owned or rented by the person or a member of his or her household.  Section 22-14-11.

Firearms may not be carried in county courthouses.  Section 22-14-12.  However, section 22-14-24 provides an exception for “[t]he lawful carrying of firearms, or other dangerous weapons in a county courthouse incident to hunting, or gun safety course or to other lawful purposes.” Notice of these provisions must be conspicuously posted at each public entrance to each county courthouse.  Section 22-14-26.  Courts retain authority to punish and promulgate rules restricting or prohibiting the possession of weapons within courthouses.  Section 22-14-25.  Pursuant to section 22-14-27, it is not a defense that a person who violates section 22-14-23 is a concealed weapon permit holder. A majority of the members-elect of the county commission in any county may waive the provisions of section 22-14-23.

Pursuant to section 13-32-7, no person may possess or store a firearm on or in any elementary or secondary school premises, including school vehicles or buildings.  There is no exception for concealed weapon permit holders.

Firearms may be carried under certain circumstances for hunting purposes. See S.D. Codified Laws Chapters 41-5, 41-8, and 41-9.   Uncased firearms are prohibited in all state parks, state recreation areas, state nature areas and state lakeside use areas, with certain enumerated exceptions including for concealed weapon permit holders.  S.D. Admin. R. 41:03:01:16. See Title 41 of the South Dakota Administrative Code for further restrictions on firearms on public lands.

No firearms may be kept at any adolescent independent living site overseen by the Department of Social Services.  S.D. Admin. R. 67:42:13:07.

Transportation of Firearms

No person, other than on land he or she owns or leases, may operate or ride on any motorcycle or off-road vehicle with a loaded firearm that is not within a carrying case entirely enclosing the firearm.  This does not apply to a person with a permit to carry a concealed weapon or to certain persons engaged in hunting.  Section 32-20-6.6. No person may operate or ride a snowmobile with a firearm in his or her possession unless the firearm is unloaded and entirely enclosed in a carrying case, per section 32-20A-11.  There is no exception for concealed weapon permit holders.

Generally, South Dakota prohibits the carrying of a concealed handgun, whether loaded or unloaded, in any vehicle while operating the vehicle, unless the person first obtains a concealed weapons permit. This prohibition does not apply if the handgun is unloaded and is carried for any lawful use within a trunk or other closed compartment of a vehicle or in a closed container that cannot be concealed on the person. S.D. Codified Laws §§ 22-14-9, 22-14-10.

See also sections 41-5-7 and 41-5-8 for information on transporting or possessing firearms while hunting.

In addition, pursuant to S.D. Admin. R. 41:06:04:07, a person may not allow a firearm to protrude from a motor vehicle on a public highway during hunting season except while discharging the firearm at certain animals.

Concealed Weapons Licensing Requirements

South Dakota is a “shall issue” state, meaning that local law enforcement must issue a concealed weapons permit if the applicant meets certain qualifications. Pursuant to S.D. Codified Laws §§ 23-7-7 and 23-7-7.1, the sheriff of the county in which the applicant resides shall issue a permit to carry a concealed weapon if the applicant:

• Is 18 years of age or older;

• Has never pled guilty to, no contest to, or been convicted of a felony or crime of violence;

• Is not habitually in an intoxicated or drugged condition;

• Has no history of violence;

• Has not been found in the previous ten years to be a “danger to others” or a “danger to self” as defined in section 27A-1-1, or is not currently adjudged mentally incompetent;

• Has resided for the past 30 days in the county or municipality where applying for a permit;

• Has not violated the provisions of Chapters 23-7, 22-14 or 22-42 in the five years preceding the date of application, or is not currently charged with a felony or misdemeanor under those chapters;

• Is a United States citizen; and

• Is not a fugitive from justice.

A concealed weapons permittee is exempt from the 48-hour waiting period requirement when purchasing a handgun from a federal firearms licensee. Section 23-7-9.

Additional application and background check requirements, as well as permit suspension and disqualification information, are detailed under sections 23-7-8, 23-7-8.1, 23-7-8.2, 23-7-8.3, and 23-7-8.4.

Disclosure or Use of Information

Section 23-7-8.6 provides that no state agency, political subdivision, official, agent, or employee of any state agency or political subdivision, may knowingly keep or cause to be kept any list, record, or registry of holders of permits to carry a concealed handgun. These entities also may not release or permit access to any application, list, record or registry of applicants or holders of concealed weapon permits except to law enforcement or the secretary of state.  Section 23-7-8.10.

The restrictions under section 23-7-8.6 do not apply to, inter alia: 1) permits to carry concealed handguns relating to any person who has been convicted of a felony; 2) any on duty law enforcement officer while conducting routine verification of the validity of a permit to carry a concealed handgun; or 3) the secretary of state for the issuance of concealed handgun permits pursuant to Chapter 23-7 and any access reasonably necessary to verify information with regard to specific permits individually. Section 23-7-8.7.

In addition, section 23-7-8.6 does not restrict any law enforcement officer in the performance of any official duty if the officer is in the immediate physical presence of a permit holder who has either presented a permit to the officer or declared to the officer that he or she is a permit holder. Section 23-7-8.8.

Section 23-7-8.6 prohibits any law enforcement officer from retaining any notes, data, or pieces of information related to the holders of permits to carry concealed handguns, unless that information is pertinent to a specific ongoing investigation or prosecution. Section 23-7-8.9.

Duration & Renewal

A permit to carry a concealed weapon is valid for four years.  Section 23-7-8.2.

Location Limits

Holders of concealed weapons permits are prohibited from carrying a concealed weapon in or on any:

• County courthouse, under section 22-14-23;

• Elementary or secondary school premises, including school vehicles or buildings, per section 13-32-7;

• Snowmobile, unless the firearm is unloaded and entirely enclosed in a carrying case, per section 32-20A-11;

• Game preserve or refuge, per section 41-5-8, unless the permit holder is:

• On a public highway and the firearm is enclosed in a case; or

• A resident within the preserve or refuge and is carrying the firearm to use against non-game and predatory animals or birds on his or her own premises; or

• Licensed on-sale malt beverage or alcoholic beverage establishment that derives over one-half of its total income from the sale of malt or alcoholic beverages. Section 23-7-8.1.

Note that, pursuant to section 1-26-6.10, no state agency may adopt a rule restricting the right to carry or possess a handgun “in contravention to authority being exercised in accordance with being licensed” to carry a concealed weapon.

Concealed weapons permit holders may be subject to generally applicable possession prohibitions.  Please see the Possession Restrictions and Transportation of Firearms sections above for further information.

Reciprocity

The South Dakota Attorney General is authorized to compare South Dakota laws governing concealed weapons permits with the permit issuance statutes in states with which reciprocity is sought or requested in order to determine whether the laws of the other state meet or exceed the requirements of S.D. Codified Laws Chapter 23-7 for the issuance of a permit. Section 23-7-7.3. The South Dakota Secretary of State may enter into reciprocity agreements with other states after the Attorney General has notified the Secretary of State that the other states’ laws meet or exceed the provisions of Chapter 23-7. Section 23-7-7.3. Any person permitted to carry a concealed handgun in a state with which the South Dakota Secretary of State has entered into a reciprocity agreement may carry a concealed handgun in South Dakota if the permit holder does so in compliance with state law. Section 22-14-9.2. See also section 23-7-7.4 (concerning non-resident concealed handgun permit reciprocity.)

Brady Exemption

Concealed weapons permit holders in South Dakota are not exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the federal Brady Act. Please note that ATF’s exempt status determination for a given state is subject to change without notice.

Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d).

South Dakota prohibits any person from selling, transferring, giving, loaning, furnishing, or delivering a firearm or firearm ammunition to any person under age 18 if that person knows or reasonably believes the minor intended, at the time of transfer, to use the firearm or ammunition in a crime of violence, as defined in S.D. Codified Laws § 22-1-2(9). Section 23-7-46. The person transferring the firearm is criminally liable for a felony. Id.

For additional information, see the South Dakota Minimum Age to Purchase/Possess section.

South Dakota does not license firearms dealers. However, firearms dealers are subject to state laws governing gun sales generally. See the South Dakota Private/Secondary Sales section for further information. Pursuant to the Brady Act, federally licensed firearms dealers must conduct background checks on prospective purchasers each time the dealer transfers a firearm. See the South Dakota Background Checks section.

No federal firearms licensee may deliver a handgun to a purchaser before 48 hours have elapsed from the time of the sale, unless the purchaser has a valid permit to carry a concealed handgun. S.D. Codified Laws § 23-7-9. The handgun must be securely wrapped and unloaded when delivered to the purchaser. Id.

No handgun may be sold in violation of any provisions of Chapter 23-7, and no handgun shall be sold under any circumstances unless the purchaser is personally known to the retail seller or presents clear evidence of his or her identity. Section 23-7-18.

Number of Federally Licensed Firearms Dealers

There are 453 federally licensed firearms dealers and pawnbrokers in South Dakota.  Federal firearms licensee totals for South Dakota as of November 8, 2007 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.

Firearm Prohibitions for Domestic Violence Misdemeanants
No person who has been convicted of any misdemeanor crime involving an act of domestic violence may possess or have control of a firearm for a period of one year from the date of the conviction.  S.D. Codified Laws § 22-14-15.2.
Firearm Prohibitions for Persons Subject to Domestic Violence Restraining/Protective Orders

There is no law in South Dakota prohibiting individuals subject to domestic violence protective orders from possessing firearms or ammunition. Federal law prohibits purchase and possession of firearms and ammunition by a person subject to a protective order issued after notice to the abuser and a hearing, if the order protects an “intimate partner” of the abuser, or a child of the abuser or intimate partner.  18 U.S.C. § 922(g)(8). Federal law defines an “intimate partner” as a current or former spouse, a parent of a child in common with the abuser, or an individual with whom the abuser does or has cohabited.  18 U.S.C. § 921(a)(32).

Removal or Surrender of Firearms When Domestic Violence Restraining/Protective Orders Are Issued

In a domestic abuse action, a court may require the defendant to surrender any firearm in his or her possession to local law enforcement.  Section 25-10-24.

According to the Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006), South Dakota maintains fully automated domestic violence misdemeanor and protective order data on a statewide network.

For general information on the background check process and categories of prohibited purchasers or possessors, see the South Dakota Background Checks section.

No relevant statutes currently exist.

See the South Dakota Private/Secondary Sales section for state laws that may apply at gun shows.

The South Dakota Legislature has declared that the unlawful use of firearms, rather than their lawful manufacture, distribution, or sale, is the proximate cause of any injury arising from their unlawful use. S.D. Codified Laws  21-58-1.

No firearms manufacturer, distributor or seller who lawfully manufactures, distributes or sells a firearm is liable for any injury resulting from use of the firearm by another person. Section 21-58-2.  Moreover, no association licensed under 18 U.S.C. § 923 (federal firearms dealer licensing provisions) is liable for any injury resulting from the use of a firearm sold or manufactured by any licensee who is a member of such association.  Section 21-58-3.

However, South Dakota’s immunity provisions under Chapter 21-58 do not apply to actions for deceit, breach of contract, breach of warranty, or for injuries resulting from the failure of a firearm to operate in a normal or usual manner due to defects or negligence in design or manufacture of the firearm. Section 21-58-4. The immunity provisions also do not apply to actions arising from the unlawful sale or transfer of firearms, or instances where the transferor knew or should have known that the recipient would engage in the unlawful sale or transfer of the firearm, or would use or purposely allow the use of the firearm in an unlawful, negligent, or improper manner. Id. Note that under the provisions of section 21-58-4, the potential of a firearm to cause serious injury, damage, or death as a result of normal function does not constitute a defective condition of the product. In addition, a firearm may not be deemed defective on the basis of its potential to cause serious injury, damage, or death when discharged. Id.

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

No relevant statutes currently exist.

No relevant statutes currently exist.

No relevant statutes currently exist.

No relevant statutes currently exist.

Federal law prohibits any person from selling or otherwise transferring a firearm or ammunition to any person who has been “adjudicated as a mental defective” or involuntarily “committed to any mental institution.” 18 U.S.C. § 922(d)(4). No federal law requires states to report the identities of these individuals to the National Instant Criminal Background Check System (NICS) database, which the FBI uses to perform background checks prior to firearm transfers.

There is no law in South Dakota requiring the reporting of mental health information to NICS.

According to Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006), South Dakota maintains fully automated criminal history data, which may contain insanity or incompetent to stand trial dispositions, on a statewide network.

For general information on the background check process and categories of prohibited purchasers or possessors, see the South Dakota Background Checks section.

Pursuant to S.D. Codified Laws § 23-7-44, no person under age 18 may knowingly possess a handgun. This prohibition does not apply if the minor has the consent of the minor’s parent or guardian to possess a handgun and:

• Is in the parent’s or guardian’s presence;

• Is on premises owned or leased by the minor or his or her parent, guardian or immediate family member;

• Is in the presence of a licensed or accredited gun safety instructor; or

• Is using the handgun for farming, ranching, hunting, trapping, target shooting or gun safety instruction.

Section 23-7-45.

A South Dakota resident hunting license may be issued to any resident age 16 or older. Section 41-6-13. A minor between the ages of 12 and 16 years may be issued a hunting license, but the minor under age 16 may hunt only if accompanied by a parent, guardian, or responsible adult. Id., section 41-6-12. The license is valid only for the license year. Id. Furthermore, before a hunting license will be granted to a child between the ages of 11 and 16, he or she must comply with the firearm safety instruction required under section 41-7-1. Section 41-6-14.

There is no minimum age to possess rifles and shotguns in South Dakota.  Federal law prohibits firearms dealers from selling or delivering a shotgun or rifle, or ammunition for a shotgun or rifle, to any person the dealer knows or has reasonable cause to believe is under the age of 18.  18 U.S.C. § 922(b)(1), (c)(1).  Dealers are prohibited from selling or delivering other firearms (e.g., handguns) or ammunition for those firearms to any person the dealer knows or has reasonable cause to believe is under the age of 21.  Id.

Federal law provides less stringent age restrictions with respect to sales by unlicensed persons.  Unlicensed persons generally may not sell, deliver or otherwise transfer a handgun or handgun ammunition to any person the transferor knows or has reasonable cause to believe is under the age of 18.  18 U.S.C. § 922(x)(1), (3) and (5).  Federal law provides no age limitations with respect to the sale of a long gun by an unlicensed person.

For additional information related to child safety, see the South Dakota Child Access Prevention section.

No relevant statutes currently exist.

No relevant statutes currently exist.

Private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in South Dakota, although federal and state purchaser prohibitions still apply. See the South Dakota Background Checks section.

Any person who knows that another person is prohibited from possessing a firearm by S.D. Codified Laws § 22-14-15 (prohibiting possession of a firearm by convicted felon or violent criminal) or § 22-14-15.1 (prohibiting possession of a firearm by person convicted of possession of a controlled substance), and who knowingly gives, loans, or sells a firearm to that person, is criminally liable for a felony. Section 22-14-16.

In addition, no person may sell, transfer, give, loan, furnish, or deliver a firearm or ammunition to any person under the age of 18 if the person transferring the firearm or ammunition knows or reasonably believes that the minor intended, at the time of transfer, to use the firearm or ammunition in the commission or attempted commission of a crime of violence, as defined in section 22-1-2(9). Section 23-7-46.

Pursuant to S.D. Codified Laws § 23-7-8.6, no state agency, political subdivision, official, agent or employee of any state agency or political subdivision may knowingly keep any list, record, or registry of privately owned firearms, owners of firearms, or holders of permits to carry a concealed handgun.

The prohibitions listed under section 23-7-8.6 do not apply to:

• Records of firearms that have been used in committing any crime;

• Permits to carry a concealed handgun records relating to any person who has been convicted of a felony;

• Records of the serial numbers of firearms that have been reported stolen that are retained for a period not in excess of ten days after such firearms are recovered and returned to the lawful owner. However, official documentation recording the theft of a recovered weapon may be maintained no longer than the balance of the year entered and two additional years;

• Firearm records that must be retained by firearm dealers under federal law, including copies of such records transmitted to law enforcement agencies;

• Any on duty law enforcement officer while conducting routine verification of the validity of a permit to carry a concealed handgun; and

• The secretary of state for the issuance of concealed handgun permits pursuant to Chapter 23-7 and any access reasonably necessary to verify information with regard to specific permits individually.

Section 23-7-8.7.

Section 23-7-8.8 provides that the prohibitions under section 23-7-8.6 do not restrict any law enforcement officer in the performance of any official duty if the officer is in the immediate physical presence of a concealed handgun permit holder who has either presented a permit to the officer or declared to the officer that he or she is a permit holder.

The prohibitions under section 23-7-8.6 specifically prohibit any law enforcement officer from retaining any notes, data, or pieces of information, either collectively or individually, regarding privately-owned firearms, owners of privately-owned firearms, or concealed handgun permit holders unless the retention of such information is pertinent to a specific ongoing investigation or prosecution. Section 23-7-8.9.

No relevant statutes currently exist.

*New Legislation Alert*  See LCAV's Recent Developments in State Law page.

No federal firearms licensee may deliver a handgun to a prospective purchaser until 48 hours have elapsed from the time of sale. S.D. Codified Laws § 23-7-9. A person who has in his or her possession a valid permit to carry a concealed weapon is exempt from the 48-hour waiting period requirement. Id.