Buying a Gun in South Dakota
The age to buy a gun in South Dakota, background checks for dealer and private sales, any waiting period, and rules on ghost guns.
Short answer: 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
| 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 |
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| 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 Former SDCL 23-7-10 was repealed by SL 2009, ch 121.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. |
More South Dakota gun laws
- Concealed Carry in South Dakota
- Open Carry in South Dakota
- Red Flag Law and Weapon Limits in South Dakota
- All South Dakota gun laws rules
FAQ
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.
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.
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.