Red Flag Law and Weapon Limits in South Dakota
Whether South Dakota has a red flag (extreme risk) law and any limits on assault weapons or magazine capacity.
Short answer: South Dakota has no state law that provides for extreme risk protection orders. SDCL ch. 22-14, 23-7, 25-10 (Protection from Domestic Abuse) and 22-19A (stalking protection orders) (reviewed)
| 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 |
More South Dakota gun laws
- Concealed Carry in South Dakota
- Open Carry in South Dakota
- Buying a Gun in South Dakota
- All South Dakota gun laws rules
FAQ
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.
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.