Open Carry in South Dakota
Whether open carry is legal in South Dakota, any permit or age rules, and where it is banned.
Short answer: 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and the former crime of carrying a concealed pistol without a permit (SDCL 22-14-9) was… SDCL 23-7-7, 23-7-44; 22-14-9 (repealed by SL 2019, ch 113); SDCL ch. 22-14, 23-7 (reviewed)
| 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of a pistol without a permit', and the former crime of carrying a concealed pistol without a permit (SDCL 22-14-9) was repealed in 2019.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. |
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| 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) |
| 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. |
More South Dakota gun laws
- Concealed Carry in South Dakota
- Buying a Gun in South Dakota
- Red Flag Law and Weapon Limits in South Dakota
- All South Dakota gun laws rules
FAQ
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.
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.
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.
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.