CCW Website
South Dakota CCW Pamphlet
Application Form
Firearm Laws
South Dakota Statutes
South Dakota Administrative Rules
Reciprocity Information
Transportation of Firearms
South Dakota Attorney General
Local Sheriff CCW Information
State Secretary

South Dakota is a Shall Issue state that honors any valid carry permit issued to non-residents.

23-7-7.4. Nonresident Permit to Carry Concealed Pistol–Validity In South Dakota–Application.
Any carry permit issued by other states to a non-resident of South Dakota shall be recognized. However, if the permit holder eventually becomes a resident of South Dakota, this section will not apply anymore.

The application form can be view in this link.

SDCL 23-7-7. A resident of South Dakota may submit an application to obtain a concealed carry permit to the sheriff of the county of his or her residence.

SDCL 23-7-8.2, SDCL 23-7-55. There are two types of permit issued in the state of South Dakota; the regular permit and the enhanced permit. Both types of permit are valid for 5 years. The enhanced permit is only accepted if it is carried along with a photo identification card issued by the government.

SDCL 23-7-8.2. The processing fee for a regular permit costs $10.00.

SDCL 23-7-53. The processing fee for an enhanced permit costs $100.00.

SDCL 23-7-56. Enhanced permit holders should renew their permits through the sheriff of their county from 90 days before the expiration up to 30 days after the expiration. The renewal applicant shall pay the processing fee and shall pass the national criminal background check. If the permit holder fails to apply for renewal during the allowance period, he or she should apply again for an Enhanced Permit pursuant to SDCL 23-7-53.

The list of enhanced concealed firearm instructors can be viewed here.

Requirements
SDCL 23-7-7.1. Applicants of regular and enhanced permits are required to meet the following:
a. Must be 18 years of age or older
b. Has never been convicted of felony or criminal offense
c. Is not under the influence of intoxicating liquor or drugs
d. Does not have a history of violence
e. Is mentally competent
f. Has not been found to cause danger to others and to oneself
g. Has reside in the county for at least thirty days prior to the submission of application
h. Has not violated the laws concerning firearms, dangerous weapons and marijuana within five years prior to application i. Is a U.S. citizen
j. Has not been prosecuted and escaped from justice

For enhanced permits, the following are the additional requirements:
a.Applicant’s fingerprints copy to be submitted to the Federal Bureau of Investigation and other agencies of the government for a criminal background check.
b. Applicant’s authorization to have a fingerprint criminal background check
c. Separate processing fee for the criminal background check
d. Proof of training completion within twelve months prior to application or proof of being law enforcement officer

The sheriff is responsible in forwarding the copy of the complete sets of fingerprints, the applicant’s authorization and the processing fee to the Division of Criminal Investigation.

Temporary Application
SDCL 23-7-8. Applicants must complete the Application for a Temporary Permit to Carry a Concealed Pistol form. The information required include the name of the application, home address, occupation, date of birth, place of birth, description and signature.

Applicants should not provide false information when applying for a concealed carry permit. Violation of this law is considered as Class 6 felony and is punishable by 2 years of imprisonment or a fine of $2,000.00, or both.

SDCL 23-7-7.1. Regular temporary permits are issued by the sheriffs within five days after the application. Enhanced temporary permits may take longer because of the additional time needed to do the fingerprint criminal background check.

The sheriff shall send a copy of the application for regular and enhanced permits to the State Secretary within seven days after the permit has been issued.

The state of South Dakota does not issue non-resident permits except for the following:

23-7-7.5. Active members of the military force and their spouses who have home records in South Dakota shall be issued a permit by the state.

The following places in South Dakota are considered off limits for individuals who are carrying firearms:
• 23-7-8.1. Establishments that are licensed to sell and are deriving half of its total income from alcoholic beverages
• 13-32-7. Elementary and secondary schools
• 22-14-22. Courthouses and courtrooms.

Note: The state of South Dakota had passed an ordinance to allow the School Administration and the Local Police to establish a program to have armed guards and staff for schools. The staff must submit certain requirements to be allowed to carry their firearms in school campuses. Consult with the administrator of your school to find out if they have the program allowing staff to carry. If there are no programs, then your still is considered off limits.

“No Handgun” signs in the state of South Dakota does not have the force of the law, except if they are posted in areas that are listed under off limits in the “Carry Permit Limitations” section. If the property owner asks you to leave the premises, you must do so even if the property is not posted. Police officers who will respond may not know the trespass laws may arrest you if you do not leave even though you follow the law.

Nationalcarryacademy.com recommends you to produce “No Firearms = No Money” cards and give them to the owners of the establishments prohibiting possession of firearms. Responsible permit holders should also respect the right of the property owners.

Individuals are not required to inform immediately a police officer on contact when carrying firearms.

22-14-9.1. Person possessing concealed pistol to have physical possession of valid permit–Violation as petty offense–Charge dismissed.
An individual who is carrying a firearm should also have in his or her person a valid carry permit. Violation of this section shall be considered as a petty offense. However, the charge may be dismissed if the accused individual shows his or her valid carry permit within 24 hours.

Carrying of firearms in state parks, national forests, state WMA’s and road side rest areas is allowed in South Dakota.

§ 22-14-9. Carrying Pistol or Revolver Without a Permit as Misdemeanor.
Carrying of a concealed firearm in a vehicle, whether loaded or unloaded, without a carry permit is not permitted. Violation of this section shall be considered as a Class 1 misdemeanor.

§ 22-14-10. Lawful uses of unloaded pistols or revolvers–Concealment–Exempt from permit requirement.
Section 22-14-9 is not applicable for lawful possession of a firearm in a vehicle if it is carried in the vehicle’s trunk or a separate compartment, or in a locked container which is difficult to conceal on one’s person.

Note: On September 17, 2004, the Attorney General gave an Unofficial Opinion regarding carrying a firearm in a vehicle. South Dakota AG stated that the state law allows an individual to carry a loaded firearm in a vehicle without a carry permit, but the firearm should be visible. The opinion of South Dakota AG can be viewed here.

Open carrying is considered legal in South Dakota, but the off limits places mentioned in the “Carry Permit Limitations” section should apply to those who open carry. Carrying of concealed firearms in vehicles shall be allowed for those who have carry permits only. Check the attorney general’s opinion regarding open carrying in a vehicle without a permit here. For more information about carrying in a vehicle, see the “Traveling in a Vehicle with a Firearm without a South Dakota Permit” section above.

No state and local authorities are allowed to pass ordinances and laws against open carrying in South Dakota. However, if a property owner asks you to leave the premises, you should leave at once. Failure to do so may result to Criminal Trespass. The minimum age required for open carrying is 18 years old.

Some states do not allow open carrying in places that allow concealed carrying. To know more about open carry, visit the website at www.opencarry.org or search the keywords “South Dakota Open Carry” on Google. You may also check the “Relevant Court Cases and Opinions of South Dakota AG” section of this page.

§ 7-18A-36. Firearms Regulation Ordinances Prohibited.
Counties are not allowed to establish regulations and ordinances to regulate the possession, transportation, sale, purchase, ownership, registration, manufacture and repair of firearms, ammunition and other related supplies. Existing regulations and ordinances prohibited under this section are considered null and void.

§ 8-5-13. Firearms Regulation Ordinances Prohibited.
Townships are not allowed to establish regulations and ordinances to regulate the possession, transportation, sale, purchase, ownership, registration, manufacture and repair of firearms, ammunition and other related supplies. Existing regulations and ordinances prohibited under this section are considered null and void.

§ 9-19-20. Firearms Regulation Ordinances Prohibited.
Municipalities are not allowed to establish regulations and ordinances to regulate the possession, transportation, sale, purchase, ownership, registration, manufacture and repair of firearms, ammunition and other related supplies. Existing regulations and ordinances prohibited under this section are considered null and void.

1-26-6.10. Restriction of Licensee’s Right or Privilege to Carry or Possess Pistol Prohibited.
State agencies are not allowed to adopt rules to restrict the rights of individuals to carry their firearms that are against the provisions of chapter 23-7.

Title 22: Crimes
Chapter 16: Homicide and Suicide

22-16-30. Excusable homicide–Lawful acts.
22-16-31. Excusable homicide–Heat of passion–Provocation–Sudden combat–Limitations.
22-16-32. Justifiable Homicide-Law enforcement officers or at command of officer—Overcoming resistance — Capturing or arresting fleeing felons.
22-16-33. Justifiable homicide–Apprehending felon–Suppressing riot–Preserving peace.
22-16-34. Justifiable homicide–Resisting attempted murder–Resisting felony on person or in dwelling house.
22-16-35. Justifiable homicide–Defense of person–Defense of other persons in household.
22-18-3. Lawful force in arrest and delivery of felon.
22-18-4. Justifiable use of force to protect property–Use of deadly force–Duty to retreat.

To know more about the laws concerning the use and possession of knives, click on this link.

Restaurant carrying is allowed in the state of South Dakota. “Restaurant carrying” means carrying a firearm in a restaurant that serves alcohol. This may or may not mean that the carrier is allowed to sit at the bar area of the restaurant. Nationalcarryacademy.com recommends you not to sit on the bar area because in some states, this is illegal.

There are some places that use “No Gun” signs like Friday’s and Red Lobster, and if you come across such places, you should leave immediately. When carrying, an individual should not consume alcohol because a single drink can be considered illegal in some states. For further information on restaurant carrying, check the laws that apply to your state.

There are no laws found concerning the use of electric weapons, defensive sprays and high capacity feeding devices in South Dakota.

• South Dakota Information on Law Enforcement Officer Safety Act
• Attorney General’s Explanation of Law on Possession of Firearms in Vehicles

The Law Enforcement Officers Safety Act of 2004 made an amendment on the federal criminal code to allow qualified police officers with photo identification cards to carry concealed firearms. Such amendment shall not supersede the state laws that allow private entities to restrict carrying of concealed handguns within their properties and the laws that restrict possession of firearms within the properties of state and local governments.

South Dakota Attorney General on Car Carrying

There are no laws found about airport carrying. There is no set time period for the validity of training in South Dakota. The time required to establish one’s residency is 30 days.

The minimum age required for obtaining a permit in South Dakota is 18 years old.

Laws on State Reciprocity: 23-7-7.4
Laws on Using Firearms: 23-7-1 thru 23-7-46, 22-14-1 thru 22-14-30 and 13-32-7
Laws on Using Deadly Force: 22-16-30 thru 22-16-33
Laws on Using Knives: 22-1-2

There are no laws found on the use of body armor, chemical and electrical weapons.

41-1-1. Definition of Terms.
A “loaded firearm” means that the firearm is capable of discharging a projectile or that it contains a cartridge, bullet or projectile in the chamber or magazine.

State of Emergency
34-48A-5. Authority of Governor in time of disaster, terrorist attack, or emergency.
During a state of emergency, the Governor shall have the following powers:
a. Assume control of the agencies which are part of disaster or emergency management plans
b. Use any facility, equipment and supplies as well as personal and private funds in implementing the emergency plans. However, the Governor shall not confiscate firearms without the authorization of the owner.
c. Suspend the regulations that are believed to cause the delay or prevention of the actions necessary to cope with the emergency
d. Control the movement of the vehicles and the people on public highways
e. Store and distribute medical supplies in the state if it is necessary to cope with the emergency
f. Provide for the restoration and maintenance of public and private transportation facilities

The powers of the Governor mentioned under this section shall be effective for six months after the proclamation of an emergency and may continue for another period if declared by the Governor as deemed necessary.

Note: The federal law can become applicable if the state is receiving financial assistance from the federal government. To know more about the laws that apply for state of emergencies, check the US Code 42-5207.

The minimum age requirement to carry and transport a firearm in a vehicle within South Dakota without the need for any type of permit is 18 years old.

Note: Some states are restrictive when it comes to carrying and transporting of firearms that they only allow transporting to and from the gun shops, repair shops, shooting range, carrier’s own house, business or other property. Other states do not have restriction.

To know more about carrying and transporting handguns, check the “Traveling in a Vehicle with a Firearm without a South Dakota Permit” section above.

4/12/15 – Initial page created.