Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
South Dakota is currently a shall-issue, permitless carry state. Permits are processed at the county level by the sheriff’s office. No permits, firearms registration, or background checks are required to buy a handgun from a private individual.
Open carry is legal in South Dakota without a permit. The minimum age is 18 years old. Based on an unofficial 2004 Attorney General Opinion, without a permit, handguns in a vehicle must be in plain sight. Some areas are off-limits, including elementary and secondary schools and school buses.
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South Dakota is now a permitless carry state. Anyone at least 18 years old who can legally possess a firearm may carry a concealed firearm without a concealed carry permit. For reciprocity purposes, the state issues Concealed Pistol Permits (CPP) to residents, as well as members of the military and their spouses stationed in South Dakota. There are three permits available: Regular, Gold Card, and Enhanced.
- Regular Permit : Allows holders to carry concealed and is recognized in a number of other states.
- Gold Card Permit : In addition to the benefits of a regular permit, proves passage of the National Instant Criminal Background Check System (NICS) when purchasing a firearm, resulting in no required waiting period.
- Enhanced Permit : Requires a firearms training course, provides the purchase background check exemption, and is recognized in seven more states than the regular license.
South Dakota recognizes permits issued by all states.
A person who is in a dwelling, residence, or occupied vehicle in which they have a right to be has no duty to retreat, has the right to stand their ground, and has the right to use:
- Force if they reasonably believe that using force is necessary to defend themselves or another against the imminent use of unlawful force.
- Deadly force if they reasonably believe that using deadly force is necessary to prevent imminent death or great bodily harm to themselves or another, or to prevent the imminent commission of a forcible felony.
A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to themselves or another when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm if the person against whom the defensive force was used had unlawfully entered or was in the process of unlawfully entering a dwelling, residence, or occupied vehicle.
A person is justified in using deadly force if they reasonably believe that using deadly force is necessary to prevent imminent death or great bodily harm to themselves or another, or to prevent the imminent commission of a forcible felony. There is no duty to retreat and they have the right to stand their ground.
A person who uses or threatens to use force, as permitted in this statute, is justified and is immune from criminal prosecution and from civil liability for the use or threatened use of such force brought by the person against whom force was used or threatened.
[S.D. Codified Laws § 22–18–4]
A person is justified in using force, other than deadly force, against another if and to the extent they reasonably believe that using force is necessary to prevent or terminate another’s trespass on, or criminal interference with, real property other than a dwelling. There is no duty to retreat.
A person is justified in using deadly force only if they reasonably believe that the use of deadly force is necessary to prevent the imminent commission of a forcible felony. There is no duty to retreat and they have the right to stand their ground if they are in a place where they have a right to be.
South Dakota is a Castle Doctrine state and has a “stand your ground” law. There is no duty to retreat as long as the force used is justified, and the law applies as long as the person is in a place where they have the right to be.
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Does South Dakota allow permitless carry?
Yes, as of July 1, 2019.
Is open carry permitted in South Dakota?
Yes, without a permit. Any person who is at least 18 years old and legally entitled to possess a firearm can open carry.
If South Dakota requires a permit to carry a concealed firearm, how are those permits issued?
South Dakota is a shall-issue state.
What is the minimum age in South Dakota to get a concealed carry permit?
The minimum age to concealed carry in South Dakota is 18.
Can you concealed carry weapons other than handguns in South Dakota with a concealed carry permit (or under permitless carry if applicable)?
No. The concealed carry permit in South Dakota does not allow you to carry weapons other than handguns.
Is it legal to own a taser or stun gun in South Dakota?
Yes. Stun guns and Tasers are legal to purchase and possess without a permit.
Is it legal to buy or use chemical spray/pepper spray in South Dakota?
Yes. There is no statute prohibiting the purchase or use of pepper spray in South Dakota.
Does South Dakota have magazine capacity restrictions for handguns?
No. There are no magazine capacity restrictions in South Dakota.
Does South Dakota have ammunition restrictions?
No. South Dakota does not have ammunition restrictions.
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Yes, concealed carry is allowed at roadside rest areas in South Dakota.
You can concealed carry in the restaurant area of an eatery that serves alcohol, unless posted. However, concealed carry is not allowed in bars or the bar areas of restaurants.
South Dakota statutes don’t specifically address firearms at hotels. Each hotel develops its own policies, so you should contact the individual hotel to inquire about its concealed carry policy.
Does South Dakota have laws relating to storing firearms in private vehicles in an employee parking lot?
This is not addressed in South Dakota state law.
Yes, anyone at least 18 years old who can legally possess a firearm can carry a handgun in a vehicle without a permit.
Can you carry a concealed firearm in state/national parks, state/national forests, and Wildlife Management Areas in South Dakota?
Yes, concealed carry is allowed in state/national parks, state/national forests, and Wildlife Management Areas in South Dakota.
Do you have a duty to inform a police officer that you’re carrying a concealed firearm in South Dakota?
- No. There is no duty to inform a law enforcement officer that you’re carrying a concealed firearm in South Dakota. [S.D. Codified Laws § 22–14–9.1]
Is my South Dakota driver’s license linked to my South Dakota carry permit?
- No. Your South Dakota driver’s license is not linked to your South Dakota concealed pistol permit. Therefore, a law enforcement officer will not be notified that you are a concealed carry permit holder immediately when they run your driver’s license. However, officers may have access to other databases where they can obtain this information.
Are “No Weapons Allowed” signs enforced in South Dakota?
- No. “No Weapons Allowed” signs are not enforced in South Dakota.
Does South Dakota have a red flag law?
- No. South Dakota does not have a red flag law.
Does South Dakota state law define brandishing?
- No definition of brandishing was found in South Dakota law. However, any person who intentionally causes serious public inconvenience, annoyance, or alarm to any other person, or creates a risk thereof, is guilty of disorderly conduct. [S.D. Codified Laws § 22–18–35]
Does South Dakota have laws regarding carrying a concealed firearm while using alcohol or drugs?
- Not addressed in state statutes. It is unwise to carry while under the influence of any substance that could impair your judgment, slow your reaction times, or impact your decision-making abilities. Any decision you make while carrying a firearm could have life-altering consequences.
Does South Dakota issue concealed carry permits to non-residents?
- Yes, for members of the military and their spouses stationed in South Dakota.
Does South Dakota allow the public to access concealed carry registry information through public records law?
- No. South Dakota does not allow the public to access concealed carry registry information.
Does South Dakota have preemption laws related to concealed carry (i.e. Does state law supersede local laws regarding the possession of handguns)?
- Yes, the state has preemption of firearms laws in South Dakota. If a county, township, or municipality attempts to pass or enforce an ordinance in violation of state preemption law, the attorney general will bring an action in the name of the state for injunctive relief against the municipality. Additionally, a court shall grant any person charged with a violation of an ordinance prohibited under this section reasonable costs, expenses, and attorney’s fees. [S.D. Codified Laws §§ 7–18A-36, 8–5–13, 9–19–20]
Is a permit required to purchase a handgun in South Dakota?
No. A permit is not required to purchase a handgun in South Dakota.
Are background checks required for private gun sales in South Dakota?
No. Private firearms transfers are not subject to a background check requirement, although federal and state purchaser prohibitions, including age restrictions, still apply. It is recommended that you retain any sales receipts to prove ownership of the gun.
Does my current South Dakota concealed carry permit exempt me from needing a background check when I purchase a firearm?
Yes, for SD Regular Concealed Pistol Permits issued on or after July 1, 2018, as well as Gold Card and Enhanced Permits issued on or after January 1, 2017.
Is there a waiting period after purchasing a handgun in South Dakota?
No. There is not a waiting period after purchasing a handgun in South Dakota.
Do handguns need to be registered in South Dakota?
No. Handguns do not need to be registered in South Dakota.
What is the minimum age to possess and transport a handgun in South Dakota?
The minimum age to possess and transport a handgun in South Dakota is 18.
Can I possess/carry a handgun in my home without a permit?
Yes. Permitless carry is allowed for anyone legally entitled to carry a firearm in South Dakota.
Alabama (permitless carry, at least 18 years old)
Alaska (permitless carry, at least 18 years old)
Arizona (permitless carry, at least 18 years old)
Arkansas (permitless carry, at least 18 years old)
California (permitless carry, at least 18 years old)
Colorado (permitless carry, at least 18 years old)
Connecticut (permitless carry, at least 18 years old)
Delaware (permitless carry, at least 18 years old)
District of Columbia (permitless carry, at least 18 years old)
Florida (permitless carry, at least 18 years old)
Georgia (permitless carry, at least 18 years old)
Hawaii (permitless carry, at least 18 years old)
Idaho (permitless carry, at least 18 years old)
Illinois (permitless carry, at least 18 years old)
Indiana (permitless carry, at least 18 years old)
Iowa (permitless carry, at least 18 years old)
Kansas (permitless carry, at least 18 years old)
Kentucky (permitless carry, at least 18 years old)
Louisiana (permitless carry, at least 18 years old)
Maine (permitless carry, at least 18 years old)
Maryland (permitless carry, at least 18 years old)
Massachusetts (permitless carry, at least 18 years old)
Michigan (permitless carry, at least 18 years old)
Minnesota (permitless carry, at least 18 years old)
Mississippi (permitless carry, at least 18 years old)
Missouri (permitless carry, at least 18 years old)
Montana (permitless carry, at least 18 years old)
Nebraska (permitless carry, at least 18 years old)
Nevada (permitless carry, at least 18 years old)
New Hampshire (permitless carry, at least 18 years old)
New Jersey (permitless carry, at least 18 years old)
New Mexico (permitless carry, at least 18 years old)
New York (permitless carry, at least 18 years old)
New York City (permitless carry, at least 18 years old)
North Carolina (permitless carry, at least 18 years old)
North Dakota (permitless carry, at least 18 years old)
Ohio (permitless carry, at least 18 years old)
Oklahoma (permitless carry, at least 18 years old)
Oregon (permitless carry, at least 18 years old)
Pennsylvania (permitless carry, at least 18 years old)
Puerto Rico (permitless carry, at least 18 years old)
Rhode Island (permitless carry, at least 18 years old)
South Carolina (permitless carry, at least 18 years old)
Tennessee (permitless carry, at least 18 years old)
Texas (permitless carry, at least 18 years old)
Utah (permitless carry, at least 18 years old)
Vermont (permitless carry, at least 18 years old)
Virginia (permitless carry, at least 18 years old)
Washington (permitless carry, at least 18 years old)
West Virginia (permitless carry, at least 18 years old)
Wisconsin (permitless carry, at least 18 years old)
Wyoming (permitless carry, at least 18 years old)
Since South Dakota has permitless carry, any person who is at least 18 years old who can legally possess a firearm may conceal carry a firearm without a permit.
Alabama (permitless carry, at least 19 years old)
Arkansas (permitless carry, at least 18 years old)
Idaho (permitless carry, at least 18 years old)
Indiana (permitless carry, at least 18 years old)
Montana (permitless carry, at least 18 years old)
New Hampshire (permitless carry, at least 18 years old)
North Carolina
North Dakota (permitless carry, at least 18 years old)
Vermont (permitless carry, at least 18 years old)
Note: Firearms must be carried in accordance with the laws of the state you are visiting. Be sure to check the laws of the other state before traveling there with your firearms.
Alaska (permitless carry, at least 21 years old)
Arizona (permitless carry, at least 21 years old)
Colorado (at least 21 years old and resident permits only)
Delaware (Enhanced permits only)
Florida (permitless carry, at least 21 years old)
Georgia (Permitless carry, at least 21 years old)
Iowa (permitless carry, at least 21 years old)
Kansas (permitless carry, at least 21 years old)
Kentucky (permitless carry, at least 21 years old)
Louisiana (at least 21 years old)
Maine (permitless carry, at least 21 years old)
Michigan (at least 21 years old and resident permits only)
Minnesota (Enhanced permits only and at least 21 years old)
Mississippi (permitless carry, at least 21 years old)
Missouri (permitless carry, at least 19 years old, 18 for military)
Nebraska (Permitless carry, at least 21 years old)
Nevada (Enhanced permits only)
New Mexico (Enhanced permits only)
Ohio (permitless carry, at least 21 years old)
Oklahoma (permitless carry, at least 21 years old)
Pennsylvania (at least 21 years old and resident permits only)
South Carolina (permitless carry, at least 18 years old)
Tennessee (permitless carry, at least 18 years old)
Texas (permitless carry, at least 21 years old)
Utah (permitless carry, at least 21 years old)
Virginia (at least 21 years old)
Washington (Enhanced permits only)
West Virginia (permitless carry, at least 21 years old)
Wisconsin (Only Enhanced and Gold permits and at least 21 years old)
Wyoming (permitless carry, at least 21 years old)
Alabama (permitless carry, at least 19 years old)
Alaska (permitless carry, at least 21 years old)
Arizona (permitless carry, at least 21 years old)
Arkansas (permitless carry, at least 18 years old)
Florida (permitless carry, at least 21 years old)
Georgia (Permitless carry, at least 21 years old)
Idaho (permitless carry, at least 18 years old)
Indiana (permitless carry, at least 18 years old)
Iowa (permitless carry, at least 21 years old)
Kansas (permitless carry, at least 21 years old)
Kentucky (permitless carry, at least 21 years old)
Maine (permitless carry, at least 21 years old)
Mississippi (permitless carry, at least 21 years old)
Missouri (permitless carry, at least 19 years old, 18 for military)
Montana (permitless carry, at least 18 years old)
Nebraska (Permitless carry, at least 21 years old)
New Hampshire (permitless carry, at least 18 years old)
North Dakota (permitless carry, at least 18 years old)
Ohio (permitless carry, at least 21 years old)
Oklahoma (permitless carry, at least 21 years old)
South Carolina (permitless carry, at least 18 years old)
Tennessee (permitless carry, at least 18 years old)
Texas (permitless carry, at least 21 years old)
Utah (permitless carry, at least 21 years old)
Vermont (permitless carry, at least 18 years old)
West Virginia (permitless carry, at least 21 years old)
Wyoming (permitless carry, at least 21 years old)
*PC-18 = permitless carry if at least 18 years old
*PC-21 = permitless carry if at least 21 years old
Permitless carry includes constitutional carry states as well as states where an individual must meet certain qualifications, e.g., no DUIs in the last 10 years, in order to legally carry (Tennessee). Each state determines the requirements and any limitations on the carry of firearms. Check each state’s page for more information and any restrictions that may apply.
To replace a lost or stolen permit, write a letter to the office of the secretary of state with your name, date of birth, address, and $2 (cash, check, or money order). Send it to:
Secretary of State Attn: Permits 500 E. Capitol Ave. Pierre, SD 57501
You can apply for a resident permit once you have been a resident of your county for at least 30 days, or if you are active duty military stationed in South Dakota, or the spouse of active duty military.
If you have a South Dakota resident permit and move to another state, your permit expires upon establishing residency in the new state.
To update your name or address, write a letter to the office of the secretary of state with your name, date of birth, old address, new address (or former name and new name), permit number, and $2 (cash, check, or money order). Send it to:
Secretary of State Attn: Permits 500 E. Capitol Ave. Pierre, SD 57501
As of March 18, 2022, concealed carry permit fees have been removed.
- Be at least 18 years old for a regular permit; 21 for enhanced or gold permits.
- Have been a resident of the county where the application is submitted for at least 30 days, or be active duty military stationed in South Dakota, or the spouse of active duty military.
- Be a citizen of the United States or a legal resident alien.
- Not have pleaded guilty to, nolo contendere to, or been convicted of a felony or a violent crime.
- Not habitually exist in an intoxicated or drugged condition.
- Have no history of violence.
- Not have been found in the previous 10 years to be a “danger to others” or a “danger to self,” or be currently adjudged mentally incompetent.
- Have had no violations of firearms control, unlawful use of weapons, or controlled substances or marijuana, constituting a felony or misdemeanor in the preceding 5 years.
- Not be a fugitive from justice.
- Meet federal law requirements.
*Consult with an attorney if you have any questions about your eligibility. If you don’t have an attorney, you can find one by contacting the State Bar of South Dakota.
Permits are valid for 5 years.
- Regular permits: Temporary permit issued in 5 days.
- Enhanced and Gold permits: Issuance may take longer due to the fingerprint background investigation. Official permits are issued in 30 days.
You can find a sample application for a concealed weapon permit.
- Regular: Requires a clean South Dakota criminal record for 5 years.
- Gold Card: Requires fingerprinting and a federal background check. Recognized for concealed carry within South Dakota and 32 other states. Satisfies the purchase exemption from the Brady Handgun Violence Protection Act.
- Enhanced: Requires fingerprinting, a federal background check, and a firearms safety course. Recognized in 37 other states. Satisfies the purchase exemption from the Brady Handgun Violence Protection Act. Carry is allowed in county courthouses and the State Capitol building following 24-hour prior notification to the superintendent of the Highway Patrol.
Permits are granted to members of the military and their spouses stationed in South Dakota. The process is the same as for residents.
Determine which permit you want; there are three available: Regular, Gold Card, and Enhanced.
Complete a training course within 12 months preceding your application if you want an Enhanced Permit.
Complete a temporary application in person at your local sheriff’s office. Your fingerprints will be taken for Gold Card or Enhanced Permits. A separate payment is required for the cost of processing the fingerprint background check.
The sheriff will issue a temporary permit within 5 days. Because of the fingerprint background investigation required for an enhanced permit, the issuance of the enhanced temporary permit may take longer.
Within 7 days after the temporary permit has been issued, the sheriff will send a copy of the application to the secretary of state who issues the official permit. The official permit will be issued within 30 days.
The holder of an enhanced permit may renew the permit through the sheriff of the county where the holder resides. The period for renewal begins 180 days before the permit expires and ends 30 days after expiration. Effective February 6, 2024, the renewal period begins twelve months before the permit expires and ends thirty days after expiration. The holder must:
- Present proof of successfully completing the live fire component of a qualifying handgun course during the renewal period.
- Provide evidence of receiving instruction regarding the use of force standards and relevant criminal statutory changes.
- Pay the renewal fee.
- Pay the fingerprint background check fee.
- Pass the fingerprint background check and National Instant Criminal Background Check.
If the holder does not renew the enhanced permit within 30 days of expiration, they must reapply for a new enhanced permit.
The holder of a gold card permit may renew the permit starting 90 days before it expires and ending 30 days after expiration. Effective July 1, 2021, this period extends to 180 days before expiration. The holder must pay the renewal fee and pass a criminal background check and a check utilizing the National Instant Criminal Background Check System. Effective July 1, 2023, this will be amended to require a criminal background check consisting of a computer check of available online records.
The holder of a regular permit may renew it beginning 90 days prior to expiration. There is a 30-day grace period to renew the permit. During this grace period, the permit holder may continue to carry a concealed pistol. However, law enforcement may issue a warning ticket to notify the permit holder of the expired status. This grace period does not apply to any permit holder who commits a crime that would make it unlawful for them to possess a gun or who attempted to renew the permit but was denied.
Additional firearm training is required if a permit has expired for more than 30 days.
A renewed Permit to Carry a Concealed Pistol may be obtained from the sheriff of the county in which the applicant resides.
- Carry in bars/restaurants that serve alcohol?
- You can concealed carry in the restaurant area of an eatery that serves alcohol, unless posted. However, concealed carry is not allowed in bars or the bar areas of restaurants.
- Carry in my vehicle without a permit/license?
- Yes.
- Carry in my place of business?
- Yes. A permit is not required to carry a handgun, whether concealed or openly, in a person’s home, land they own or rent, or place of business.
- Carry in roadside rest areas?
- Yes.
- Carry in state/national parks, state/national forests, and WMAs?
- Yes.
- Carry in places of worship?
- There is no state statute prohibiting concealed carry in places of worship. However, since places of worship are private property, they may post signs prohibiting firearms.
- Carry in the State Capitol building?
- As of July 1, 2019, enhanced CPP holders can carry following 24-hour prior notification to the superintendent of the Highway Patrol.
Places off-limits even with a permit/license:
- A public elementary or secondary school premises, including school vehicles or buildings.
- A county courthouse, state capitol (enhanced permit holders can carry in these locations following 24-hour prior notification to the superintendent of the Highway Patrol).
- An establishment licensed to serve alcoholic beverages on the premises if the establishment derives more than 50% of its sales from alcoholic beverages.
- A game preserve or refuge.
- Any place where the carrying of firearms is prohibited by federal or state law or regulation.
I can legally carry a concealed firearm in South Dakota, but can I wear a COVID-19 protective mask while carrying concealed?
There is no known statute in South Dakota making it illegal to wear a COVID mask while carrying concealed.
Can you concealed carry while shotgun/rifle hunting in South Dakota?
Yes.
Can you concealed carry while bow hunting in South Dakota?
Yes. No firearm restrictions in place for any hunting season prohibit a licensee or person possessing a valid concealed pistol permit from carrying a pistol while hunting.
Is there a Hunter Harassment Law in South Dakota?
Yes. No person may intentionally interfere with any person or group of persons lawfully engaged in the process of taking or attempting to take any game or fish.
What are the knife laws in South Dakota?
All types of knives are legal in South Dakota and they may be carried openly or concealed, except that they may not be carried concealed by someone with intent to commit a felony. The possession of a “dangerous weapon,” which can include a knife, on school grounds, county courthouses, and the state capitol is prohibited. Municipalities may have additional restrictions.
