South Dakota is known for its relatively relaxed gun laws. This guide provides a complete overview, covering firearm purchase requirements, open and concealed carry laws, restricted locations, and self-defense rights within the state.

South Dakota Gun Laws Overview

Purchasing Firearms in South Dakota

South Dakota has minimal restrictions for purchasing firearms. No permit or registration is required to buy a gun, although buyers must meet federal background check requirements when purchasing from a licensed dealer.

Key Requirements:

Permit to Purchase: Not required for any type of firearm.
Background Check: Required only for purchases from licensed dealers.
Waiting Period: There is no waiting period for firearm purchases in South Dakota.
Minimum Age: Federal law sets the minimum age at 18 for long guns and 21 for handguns, which applies in South Dakota.

Firearm Licensing in South Dakota

South Dakota does not require a general firearm license for gun ownership. However, concealed carry in certain situations does require a permit, though open carry is largely unrestricted.

Private Sales and Background Checks

Private firearm sales in South Dakota do not require a background check, nor do they need to be conducted through a licensed dealer. However, sellers should ensure they do not transfer firearms to prohibited individuals.

Open Carry in South Dakota

South Dakota allows open carry of firearms without a permit for those who are at least 18 years old.

Key Points on Open Carry:

Permitless Open Carry: Legal for adults 18 and older, with no permit required.
Vehicle Carry: Firearms may be carried openly in vehicles, but they must be unloaded if carried in a manner where they could be accessible.

Concealed Carry in South Dakota

South Dakota allows permitless concealed carry for residents 18 years and older. However, the state also offers permits for those who want the option of carrying in other states that recognize South Dakota’s permit.

Concealed Carry Permits in South Dakota:

Regular Permit: Available for residents who meet basic requirements.
Enhanced Permit: Provides greater reciprocity with other states; requires a firearms safety course.
Gold Card Permit: Also offers expanded reciprocity and includes a federal background check.

Reciprocity with Other States

South Dakota has extensive reciprocity agreements with other states, especially for Enhanced and Gold Card permits. Residents traveling to other states should confirm specific recognition of South Dakota permits.

Restricted Locations for Carrying Firearms in South Dakota

While South Dakota has permissive carry laws, there are some restricted areas where carrying firearms is prohibited, even with a permit.

Schools and Educational Facilities: Firearms are prohibited on school property, including K-12 and certain higher education institutions.
Government Buildings: Carrying firearms is restricted in courthouses, law enforcement facilities, and other government buildings.
Private Property: Property owners can prohibit firearms on their premises, and individuals must comply with posted restrictions.
Public Gatherings and Events: Some public events and places may restrict firearm carry, especially if specified by local authorities.

Assault Weapons and Magazine Capacity in South Dakota

South Dakota does not restrict magazine capacities, nor does it place specific limitations on the ownership of assault weapons. There are no state-level restrictions on the types of firearms or accessories that individuals may own.

Self-Defense Laws in South Dakota: Stand Your Ground and Castle Doctrine

South Dakota has a Stand Your Ground law that allows individuals to use reasonable force, including deadly force, if they believe they are in immediate danger and cannot safely retreat. The Castle Doctrine further permits defense within one’s home or property.

Stand Your Ground

Individuals have no duty to retreat in any location where they are lawfully present if they face a threat to their safety. This applies in both public and private spaces.

Castle Doctrine

Under South Dakota’s Castle Doctrine, residents have the right to use force, including deadly force, within their home or on their property if they believe they are under imminent threat.

Firearms Prohibited Persons in South Dakota

Certain individuals are prohibited from owning or possessing firearms in South Dakota, in accordance with both state and federal laws.

Felony Convictions: Convicted felons are generally prohibited from firearm ownership, with limited restoration rights in some cases.
Domestic Violence Convictions: Those with domestic violence convictions or active restraining orders cannot possess firearms.
Mental Health Restrictions: Individuals who have been adjudicated as mentally incompetent by a court are restricted from firearm ownership.
Drug and Substance Abuse: Those with recent drug-related convictions or active dependency issues may be restricted from possessing firearms.

Penalties for Violating Gun Laws in South Dakota

Violating South Dakota’s gun laws can lead to significant legal consequences, including fines, imprisonment, and revocation of firearm rights.

Unlawful Possession: Possessing a firearm unlawfully or carrying it in restricted areas can lead to criminal charges.
Failure to Comply with Carry Regulations: Concealed carry permit holders must follow all relevant state guidelines or risk penalties, including permit suspension or revocation.
Private Sale Violations: While private sales don’t require background checks, knowingly selling to a prohibited individual is illegal.

Conclusion: Understanding South Dakota’s Gun Laws

South Dakota’s gun laws are some of the most permissive in the nation, allowing for open carry, permitless concealed carry, and few restrictions on firearm ownership. Still, residents and visitors should be mindful of restricted areas and prohibited persons to ensure lawful firearm use.

FAQs About Gun Laws in South Dakota

1. Do I need a permit to buy a gun in South Dakota?
No, South Dakota does not require a permit to purchase firearms.

2. Is open carry allowed in South Dakota?
Yes, open carry is allowed for those 18 and older without a permit.

3. Does South Dakota restrict magazine capacity?
No, there are no restrictions on magazine capacity in South Dakota.

4. Does South Dakota recognize out-of-state concealed carry permits?
Yes, South Dakota recognizes many out-of-state permits, especially for Enhanced and Gold Card permits.

5. What self-defense laws apply in South Dakota?
South Dakota follows Stand Your Ground and Castle Doctrine laws, permitting self-defense without a duty to retreat in lawful locations.