South Dakota Gun Laws: Concealed Carry, Open Carry and Buying a Gun
South Dakota gun laws: permitless and concealed carry, open carry, the age to buy a gun, background checks, waiting periods, red flag law and where guns are banned, from state statutes.
Quick answers for South Dakota
- Permitless (constitutional) carry
- Yes. The Secretary of State's handbook says that South Dakota residents and nonresidents 'who may lawfully possess a pistol are not required to have a permit in order to carry a concealed pistol in this state'. SDCL 23-7-7; 22-14-9 (repealed by SL 2019, ch 113); 23-7-44
- Open carry
- South Dakota has no state law that requires a permit to carry a pistol openly. The permit statute says a permit 'does not impose a general prohibition on the carrying of a pistol without a permit', and the former crime of carrying a concealed pistol without a permit (SDCL 22-14-9) was… SDCL 23-7-7, 23-7-44; 22-14-9 (repealed by SL 2019, ch 113); SDCL ch. 22-14, 23-7 (reviewed)
- Age to buy a gun
- No person under eighteen may knowingly possess a pistol (a Class 1 misdemeanor). Exceptions apply with written parental consent on family property, with a gun safety instructor, or for farming, ranching, hunting, trapping, target shooting or safety instruction. SDCL 23-7-44, 23-7-45, 23-7-46
- Concealed carry permit
- South Dakota offers three optional permits to carry a concealed pistol, all issued through the sheriff of the applicant's county (shall-issue: a permit 'must be issued' to a qualified applicant). SDCL 23-7-7, 23-7-7.1, 23-7-8.2, 23-7-53, 23-7-54.2, 23-7-55, 23-7-60, 23-7-61, 23-7-72
Last verified: 2026-10-27
Carrying a gun
| Permitless (constitutional) carry | Yes. The Secretary of State's handbook says that South Dakota residents and nonresidents 'who may lawfully possess a pistol are not required to have a permit in order to carry a concealed pistol in this state'. The statute says a permit 'does not impose a general prohibition on the carrying of a pistol without a permit'. The former crime of carrying a concealed pistol without a permit (SDCL 22-14-9) was repealed in 2019. People under 18 generally may not possess a pistol. Handbook: South Dakota Firearm Handbook (July 2026), Secretary of State: https://sdsos.gov/general-services/concealed-pistol-permits/docs/FirearmHandbook.pdf |
|---|---|
| Concealed carry permit | South Dakota offers three optional permits to carry a concealed pistol, all issued through the sheriff of the applicant's county (shall-issue: a permit 'must be issued' to a qualified applicant). (1) The regular permit requires age 18 or older, 30 days' residence in the county, no felony or crime-of-violence conviction, and passing a background check (including NICS). The sheriff issues a temporary permit within five days. (2) The enhanced permit also requires a fingerprint background check and a qualifying handgun course taken within the past 12 months. It requires age 21, but applicants 18 to 20 may get a temporary restricted enhanced permit. (3) The gold card permit requires a fingerprint background check. All permits are valid for five years. The state reimburses counties per permit: $3 for a regular permit, $50 for a new enhanced permit ($25 renewal), and $30 for a gold card permit. The fee charged to applicants is not stated in the statutes read; § 23-7-72 sets state reimbursement amounts to counties. |
| Open carry | South Dakota has no state law that requires a permit to carry a pistol openly. The permit statute says a permit 'does not impose a general prohibition on the carrying of a pistol without a permit', and the former crime of carrying a concealed pistol without a permit (SDCL 22-14-9) was repealed in 2019. The places listed under prohibited_places still apply, and people under 18 generally may not possess a pistol. Reviewed SDCL ch. 23-7 (Firearms Control) and ch. 22-14 (Unlawful Use of Weapons), all sections on 2026-10-27; no provision found. |
| Guns in your car | No permit is needed to carry a pistol, including in a vehicle, for people who may lawfully possess one. Permit holders may keep a pistol inside a motor vehicle on public school premises, and may secure it in or retrieve it from the vehicle there. Source: SDCL 23-7-7; 13-32-7(4) |
| Other states' permits (reciprocity) | South Dakota recognizes any valid concealed pistol permit issued to a nonresident of South Dakota, according to the terms of its issuance in the issuing state. Nonresidents who may lawfully possess a pistol may also carry without a permit. The Secretary of State may enter written reciprocity agreements with states whose permit laws meet or exceed South Dakota's. |
| Where guns are banned | Knowingly possessing a firearm in any county courthouse or the state capitol is a Class 1 misdemeanor, with exceptions for officials, judges and some others. Under listed conditions, concealed pistols are allowed in the capitol. Possessing a firearm on public elementary or secondary school premises, vehicles or buildings is a Class 1 misdemeanor. Exceptions cover law enforcement, school sentinels, enhanced-permit holders 21 or older with written permission from the principal, and permit holders inside a vehicle. The school ban does not apply to nonpublic schools or churches. |
Buying a gun
| Age to buy a gun | No person under eighteen may knowingly possess a pistol (a Class 1 misdemeanor). Exceptions apply with written parental consent on family property, with a gun safety instructor, or for farming, ranching, hunting, trapping, target shooting or safety instruction. Transferring a firearm to a minor whom the transferor knows or reasonably believes intends to use it in a crime of violence is a Class 5 felony. No separate state minimum age for buying long guns was found. Source: SDCL 23-7-44, 23-7-45, 23-7-46 |
|---|---|
| Background checks and private sales | South Dakota has no state law that requires a background check, permit or license for private (non-dealer) sales. A retail dealer may not sell a pistol unless the buyer is personally known to the seller or shows clear evidence of identity. Reviewed SDCL ch. 23-7 (Firearms Control) and ch. 22-14 (Unlawful Use of Weapons), all sections on 2026-10-27; no provision found. |
| Waiting period | South Dakota has no state law that sets a waiting period for buying any firearm. Former SDCL 23-7-10 was repealed by SL 2009, ch 121. Pistols must be delivered securely wrapped and unloaded. Reviewed SDCL ch. 23-7 (Firearms Control) and ch. 22-14 (Unlawful Use of Weapons), all sections on 2026-10-27; no provision found. |
| Ghost guns and homemade firearms | South Dakota has no state law that specifically regulates unserialized, homemade or kit firearms. Possessing a firearm whose manufacturer's serial number has been changed, altered, removed or obliterated is a Class 6 felony, unless the owner has applied to the Division of Criminal Investigation for a new serial number. Reviewed SDCL ch. 23-7 (Firearms Control) and ch. 22-14 (Unlawful Use of Weapons), all sections on 2026-10-27; no provision found. |
Red flag law and weapon limits
| Red flag law | South Dakota has no state law that provides for extreme risk protection orders. Reviewed SDCL ch. 22-14, 23-7, 25-10 and 22-19A on 2026-10-27; no provision found. |
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| Assault weapons and magazine limits | South Dakota has no state law that bans assault weapons or limits magazine capacity. Cities, townships and counties may not pass ordinances restricting the possession, transportation, sale, transfer, ownership, manufacture or repair of firearms, ammunition or their components. Reviewed SDCL ch. 23-7 (Firearms Control) and ch. 22-14 (Unlawful Use of Weapons), all sections on 2026-10-27; no provision found. Preemption summary from the Secretary of State handbook: https://sdsos.gov/general-services/concealed-pistol-permits/docs/FirearmHandbook.pdf |
Gun Laws FAQ
Is South Dakota a constitutional carry state?
Yes. The Secretary of State's handbook says that South Dakota residents and nonresidents 'who may lawfully possess a pistol are not required to have a permit in order to carry a concealed pistol in this state'. The statute says a permit 'does not impose a general prohibition on the carrying of a pistol without a permit'. The former crime of carrying a concealed pistol without a permit (SDCL 22-14-9) was repealed in 2019. People under 18 generally may not possess a pistol.
How do you get a concealed carry permit in South Dakota?
South Dakota offers three optional permits to carry a concealed pistol, all issued through the sheriff of the applicant's county (shall-issue: a permit 'must be issued' to a qualified applicant). (1) The regular permit requires age 18 or older, 30 days' residence in the county, no felony or crime-of-violence conviction, and passing a background check (including NICS). The sheriff issues a temporary permit within five days. (2) The enhanced permit also requires a fingerprint background check and a qualifying handgun course taken within the past 12 months. It requires age 21, but applicants 18 to 20 may get a temporary restricted enhanced permit. (3) The gold card permit requires a fingerprint background check. All permits are valid for five years. The state reimburses counties per permit: $3 for a regular permit, $50 for a new enhanced permit ($25 renewal), and $30 for a gold card permit.
Is open carry legal in South Dakota?
South Dakota has no state law that requires a permit to carry a pistol openly. The permit statute says a permit 'does not impose a general prohibition on the carrying of a pistol without a permit', and the former crime of carrying a concealed pistol without a permit (SDCL 22-14-9) was repealed in 2019. The places listed under prohibited_places still apply, and people under 18 generally may not possess a pistol.
How old do you have to be to buy a gun in South Dakota?
No person under eighteen may knowingly possess a pistol (a Class 1 misdemeanor). Exceptions apply with written parental consent on family property, with a gun safety instructor, or for farming, ranching, hunting, trapping, target shooting or safety instruction. Transferring a firearm to a minor whom the transferor knows or reasonably believes intends to use it in a crime of violence is a Class 5 felony. No separate state minimum age for buying long guns was found.
Do private gun sales need a background check in South Dakota?
South Dakota has no state law that requires a background check, permit or license for private (non-dealer) sales. A retail dealer may not sell a pistol unless the buyer is personally known to the seller or shows clear evidence of identity.
Is there a waiting period to buy a gun in South Dakota?
South Dakota has no state law that sets a waiting period for buying any firearm. Former SDCL 23-7-10 was repealed by SL 2009, ch 121. Pistols must be delivered securely wrapped and unloaded.
Does South Dakota have a red flag law?
South Dakota has no state law that provides for extreme risk protection orders.
Does South Dakota ban assault weapons or high-capacity magazines?
South Dakota has no state law that bans assault weapons or limits magazine capacity. Cities, townships and counties may not pass ordinances restricting the possession, transportation, sale, transfer, ownership, manufacture or repair of firearms, ammunition or their components.
Can you keep a gun in your car in South Dakota without a permit?
No permit is needed to carry a pistol, including in a vehicle, for people who may lawfully possess one. Permit holders may keep a pistol inside a motor vehicle on public school premises, and may secure it in or retrieve it from the vehicle there.
Which states' carry permits does South Dakota honor?
South Dakota recognizes any valid concealed pistol permit issued to a nonresident of South Dakota, according to the terms of its issuance in the issuing state. Nonresidents who may lawfully possess a pistol may also carry without a permit. The Secretary of State may enter written reciprocity agreements with states whose permit laws meet or exceed South Dakota's.
Where can't you carry a gun in South Dakota?
Knowingly possessing a firearm in any county courthouse or the state capitol is a Class 1 misdemeanor, with exceptions for officials, judges and some others. Under listed conditions, concealed pistols are allowed in the capitol. Possessing a firearm on public elementary or secondary school premises, vehicles or buildings is a Class 1 misdemeanor. Exceptions cover law enforcement, school sentinels, enhanced-permit holders 21 or older with written permission from the principal, and permit holders inside a vehicle. The school ban does not apply to nonpublic schools or churches.
Are ghost guns legal in South Dakota?
South Dakota has no state law that specifically regulates unserialized, homemade or kit firearms. Possessing a firearm whose manufacturer's serial number has been changed, altered, removed or obliterated is a Class 6 felony, unless the owner has applied to the Division of Criminal Investigation for a new serial number.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.