South Dakota gun laws & concealed carry reciprocity map

South Dakota is currently a shall-issue, permitless carry state. Permits are processed at the county level by the sheriff’s office. No permits, firearms registration or background checks are required to buy a handgun from a private individual.

Open carry is legal in South Dakota without a permit. The minimum age is 18 years old. Based upon an unofficial 2004 Attorney General Opinion, without a permit, handguns in a vehicle must be in plain sight. Some areas are off-limits, including elementary and secondary schools and school buses.

South Dakota is now a permitless carry state, so anyone at least 18 years old who can legally possess a firearm, may concealed carry a firearm without a concealed carry permit. For reciprocity purposes, the state issues Concealed Pistol Permits (CPP) to residents as well as members of the military and their spouses stationed in South Dakota. There are three permits available: Regular, Gold Card and Enhanced. The regular permit allows holders to carry concealed and is recognized in a number of other states. The gold card permit, in addition to the benefits of a regular permit, proves passage of the National Instant Criminal Background Check System (NICS) when purchasing a firearm, resulting in no required waiting period. The enhanced permit requires a firearms training course, provides the purchase background check exemption and is recognized in seven more states than the regular license. In terms of reciprocity, South Dakota recognizes permits issued by all States. 

Where can I carry with my South Dakota permit?

Yes

Yes, Constitutional Carry

Yes, Other Restrictions

No

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South Dakota Concealed Carry Reciprocity Details

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Key South Dakota Gun Laws

Important Firearm Laws

duty to inform officer you're carrying?

No

No. There is no duty to inform a law enforcement officer that you're carrying a concealed firearm in South Dakota.

[S.D. Codified Laws § 22-14-9.1]

public access to concealed carry registry?

No

No. South Dakota does not allow the public to access concealed carry registry information.

non-resident permitting?

Yes

Yes, for members of the military and their spouses stationed in South Dakota.

red flag law?

No

No. South Dakota does not have a red flag law.

driver's license linked to carry permit?

No

No. Your South Dakota driver’s license is not linked to your South Dakota concealed pistol permit. Therefore, a law enforcement officer (LEO) will not be notified that you are a concealed carry permit holder immediately when they run your driver’s license. However, LEOs may have access to other databases where they can obtain this information.

brandishing?

No

No definition of brandishing was found in South Dakota law.However, any person who intentionally causes serious public inconvenience, annoyance or alarm to any other person, or creates a risk thereof by is guilty of disorderly conduct.

[S.D. Codified Laws § 22-18-35]

"no weapons allowed" signs enforced?

No

No. "No Weapons Allowed" signs are not enforced in South Dakota.

preemption?

Yes

Yes, the state has preemption of firearms laws in South Dakota. If a county, township or municipality attempts to pass or enforce an ordinance in violation of state preemption law, the attorney general will bring an action in the name of the state for injunctive relief against the municipality. In addition, a court shall grant any person charged with a violation of an ordinance prohibited under this section reasonable costs, expenses and attorney's fees.

[S.D. Codified Laws § 7-18A-36][S.D. Codified Laws § 8-5-13][S.D. Codified Laws § 9-19-20]

carry while using alcohol or drugs?

See details

Not addressed in state statutes.

As a responsibly armed American, regardless of the laws in your state, it is unwise to carry while under the influence of any substance that could impair your judgement, slow your reaction times or impact your decision-making abilities. Any decision you make while carrying a firearm could have life-altering consequences.

Carry Basics

permitless carry?

Yes

Yes, as of July 1, 2019.

byrna's?

Yes

Yes. These are legal for purchase and possession. Byrna guns are not classified as firearms under South Dakota law.

open carry permitted?

Yes

Yes, without a permit. Any person who is at least 18 years old and legally entitled to possess a firearm can open carry.

magazine limits for handguns?

No

No. There are no magazine capacity restrictions in South Dakota.

ammunition restrictions?

No

No. South Dakota does not have ammunition restrictions.

minimum age for concealed carry?

See details

The minimum age to concealed carry in South Dakota is 18.

gun permit licensure?

See details

South Dakota is a shall-issue state.

weapons other than handguns allowed?

No

No. The concealed carry permit in South Dakota does not allow you to carry weapons other than handguns.

non-lethal weapons?

Yes

STUN GUNS and Tasers are legal to purchase and possess without a permit.

PEPPER SPRAY - Legal for self-defense purposes. South Dakota imposes no restrictions on size or concentration. Prohibited in schools, government buildings, and other restricted areas.

TEAR GAS - Legal for self-defense but subject to general misuse laws.

BEAR SPRAY - Legal for self-defense against wildlife. No specific state restrictions, but misuse against humans could lead to legal consequences.

BLUDGEONS AND BATONS - Expandable batons are legal to own and carry in South Dakota. Batons are not classified as "dangerous weapons," so they can be carried openly or concealed without a permit.

Items such as billy clubs, slapjacks, and nightsticks are also legal unless used with criminal intent.

BRASS KNUCKLES - Legal under South Dakota law. There are no explicit bans on possession, sale, or use.

Handgun Purchase & Possession

south dakota permit exempts from background check?

Yes

Yes, for SD Regular Concealed Pistol Permits issued on or after July 1, 2018, as well as Gold Card and Enhanced Permits issued on or after January 1, 2017.

background checks for private gun sales?

No

No. Private firearms transfers are not subject to a background check requirement, although federal and state purchaser prohibitions, including age restrictions, still apply. It is recommended that you retain any sales receipts to prove ownership of the gun.

minimum age to possess and transport?

See details

The minimum age to possess and transport a handgun in South Dakota is 18.

[S.D. Codified Laws § 23-7-46]

waiting period?

No

No. There is not a waiting period after purchasing a handgun in South Dakota.

possess a handgun on my private property without a permit?

Yes

Yes. Permitless carry is allowed for anyone legally entitled to carry a firearm in South Dakota. 

[S.D. Codified Laws § 23-7-7]

handgun registration?

No

No. Handguns do not need to be registered in South Dakota.

purchase permits?

No

No. A permit is not required to purchase a handgun in South Dakota.

Important Concealed Carry Information

Top Gun Laws & Concealed Carry Permit Information For South Dakota Residents

Concealed Carry Basics Faq

carry while bow hunting?

Yes

Yes. No firearm restrictions in place for any hunting season prohibit a licensee or person possessing a valid concealed pistol permit from carrying a pistolwhile hunting.

[SD Game, Fish and Parks 2018 Big Game Regulations]

carry while gun hunting?

Yes

Yes.

what are the knife laws in south dakota?

See details

All types of knives are legal in South Dakota and they may be carried openly or concealed, except that they may not be carried concealed by someone with intent to commit a felony. The possession of a "dangerous weapon," which can include a knife, on school grounds, county courthouses and the state capitol is prohibited. Municipalities may have additional restrictions.

[S.D. Codified Laws §§ 22-1-2, 22-14-8, 22-14-23 and 13-32-7]

wear a covid mask & carry?

Yes

There is no known statute in South Dakota making it illegal to wear a COVID mask while carrying concealed.

hunter harassment law?

Yes

Yes. No person may intentionally interfere with any person or group of persons lawfully engaged in the process of taking or attempting to take any game or fish. 

[S.D. Cod. Laws § 41-1-8]

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South Dakota Concealed Carry License Information

Fees:

On March 18, 2022, Gov. Noem signed SB 212 into law, which removes concealed carry permit fees. 

Processing Time:

Regular - 5 days for a temporary permit. Because of the fingerprint background investigation for the enhanced and gold permits, the issuance of these temporary permits may take longer. Official permits are issued in 30 days.

Residency Changes:

Moving to South Dakota and interested in applying for a resident permit? How soon can you apply?South Dakota issues permits to residents and active-duty military personnel and their spouses stationed in South Dakota only. You can apply for your permit with the sheriff of your county once you have been a resident of the county for at least 30 days prior, are active duty military stationed in the state or the spouse of active duty military.

Moving from South Dakota and have a South Dakota resident permit? Does that permit transfer to your new state? Is there a grace period during which your South Dakota permit remains valid?If a person with a South Dakota concealed pistol permit establishes residency in another state, the pistol permit expires upon the establishment of residence in the other state.

Non-Resident Concealed Carry Permits:

Permits granted to members of the military and their spouses stationed in South Dakota. The process is the same as for residents.

Requirements:

An applicant must:

  • Be at least 18 years old for a regular permit; 21 for enhanced or gold permits;
  • Have been a resident of the county where the application is submitted for at least 30 days prior, or is active duty military stationed in SD or the spouse of active duty military;
  • Be a citizen of the United States or legal resident alien;
  • Not have pleaded guilty to, nolo contendere to or been convicted of a felony or a violent crime;
  • Not habitually exist in an intoxicated or drugged condition;
  • Have no history of violence;
  • Not have been found in the previous 10 years to be a "danger to others" or a "danger to self," or is not currently adjudged mentally incompetent;
  • Have had no violations of firearms control, unlawful use of weapons or controlled substances or marijuana, constituting a felony or misdemeanor in the preceding 5 years;
  • Not be a fugitive from justice; and
  • Meet federal law requirements.

*Consult with an attorney if you have any questions about your eligibility. If you don’t have an attorney, you can find one by contacting the State Bar of South Dakota.

Valid For:

5 years

Name/Address Changes:

Write a letter to the office of the secretary of state with name, DOB, old address, new address, (or former name, new name) permit number and $2 (cash, check or money order). Send to:

Secretary of StateAttn: Permits 500 E. Capitol Ave.Pierre, SD 57501

Lost/Stolen Permits:

Write a letter to the office of the secretary of state with name, DOB, address and $2 (cash, check or money order). Send to:

Secretary of StateAttn: Permits 500 E. Capitol Ave.Pierre, SD 57501

Regular/Gold/Enhanced Concealed Pistol Permits

Three types of permits are available:

  • Regular – requires a clean SD criminal record for 5 years;
  • Gold Card – requires fingerprinting and a federal background check; recognized for concealed carry within South Dakota and 32 other states; satisfies the purchase exemption from the Brady Handgun Violence Protection Act; and
  • Enhanced – requires fingerprinting, a federal background check and a firearms safety course; recognized in 37 other states; satisfies the purchase exemption from the Brady Handgun Violence Protection Act. 

A Guide To Understanding Concealed CarryPistol Permits

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How to get a South Dakota Concealed Weapons Permit

Step 1:

Determine which permit you want; there are three available: Regular, Gold Card and Enhanced.

Step 2:

Complete a training course within 12 months preceding your application if you want an Enhanced Permit.

Step 3:

You must complete a temporary application in person at your local sheriff's office. Your fingerprints will be taken for Gold Card or Enhanced Permits. A separate payment is required for the cost of processing the fingerprint background check.

Step 4:

The sheriff will issue a temporary permit within 5 days. Because of the fingerprint background investigation required for an enhanced permit, the issuance of the enhanced temporary permit may take longer.

Step 5:

Within 7 days after the temporary permit has been issued, the sheriff will send a copy of the application to the secretary of state who issues the official permit. The official permit will be issued within 30 days.

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Concealed Carry Locations FAQ

carry/possess at a hotel?

See details

South Dakota statutes don't specifically address firearms at hotels. Please note that each hotel develops their own policies and the individual hotel should be contacted to inquire about it's concealed carry policy. See the Handguns at Hotels page for additional information.

carry in vehicle?

Yes

Yes, anyone at least 18 years old who can legally possess a firearm, can carry a handgun in a vehicle without a permit. 

[S.D. Codified Laws §§ 23-7-7.423-7-7]

store in a vehicle in an employee parking lot?

See details

Not addressed in South Dakota state law.

carry at roadside rest areas?

Yes

Yes. Concealed carry is allowed at roadside rest areas in South Dakota.

carry in state/national parks, state/national forests and wildlife management areas (wmas)?

Yes

Yes. Concealed carry is allowed in state/national parks, state/national forests and Wildlife Management Areas in South Dakota. See the National Parks webpage for links to each Park in South Dakota.

[S.D. Codified Laws § 1-26-6.10

tribal lands

See details

Flandreau Santee Sioux Tribe - There is nothing in statute. Please call tribal authorities before carrying.
Oglala Sioux Tribe - NO
Rosebud Sioux Tribe - NO
Sisseton-Wahpeton Sioux Tribe - Only with permits recognized by the SWO. It does not state what those are, so it is recommended to contact tribal authorities before carrying a firearm.
Standing Rock Sioux Tribe of North and South Dakota - Only with specific governmental approval. The statute did not state what that was, so it is best to contact tribal authorities before carrying a firearm.
Yankton Sioux Tribe - Only with a tribal permit

carry in bars/restaurants that serve alcohol?

See details

In 2025, South Dakota repealed its prohibition on carrying concealed pistols in any licensed on-sale malt beverage or alcoholic beverage establishment, including those that derive more than 50% of income from alcohol sales. This effectively means that concealed carry is now generally permitted in bars, bar areas, and restaurants that serve alcohol, unless an establishment posts signage prohibiting firearms​

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South Dakota Self-Defense Laws

Force–Defense of property other than a dwelling

A person is justified in using force, other than deadly force, against another if and to the extent the person reasonably believes that using force is necessary to prevent or terminate another’s trespass on, or criminal interference with real property other than a dwelling. There is no duty to retreat.

Deadly force–Defense of property other than a dwelling

A person is justified in using deadly force only if the person reasonably believes that the use of deadly force is necessary to prevent the imminent commission of a forcible felony. There is no duty to retreat and the person has the right to stand his or her ground, if the person is in a place where the person has a right to be.

Defense of dwelling or residence–Force–Deadly force

A person who is in a dwelling, residence or occupied vehicle in which the person has a right to be, has no duty to retreat, has the right to stand his or her ground, and has the right to use:

  • Force if the person reasonably believes that using force is necessary to defend himself, herself, or another against the imminent use of unlawful force; and
  • Deadly force, if the person reasonably believes that using deadly force is necessary to prevent imminent death or great bodily harm to himself, herself, or another, or to prevent the imminent commission of a forcible felony.

A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm, to himself, herself, or another, when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm if the person against whom the defensive force was used, had unlawfully entered  or was in the process of unlawfully entering a dwelling, residence, or occupied vehicle.

Deadly force–Defense of person

A person is justified in using deadly force if the person reasonably believes that using  deadly force is necessary to prevent imminent death or great bodily harm to himself, herself, or another, or to prevent the imminent commission of a forcible felony. There is no duty to retreat and has the right to stand his or her ground.

Immunity

A person who uses or threatens to use force, as permitted in this statute, is justified and is immune from criminal prosecution and from civil liability for the use or threatened use of such force brought by the person against whom force was used or threatened.

[S.D. Codified Laws § 22-18-4]

Self-Defense

South Dakota is a Castle Doctrine state and has a “stand your ground” law. There is no duty to retreat as long as the force used is justified, and the law applies as long as the person is in a place where he or she has the right to be.

South Dakota Gun Law Updates

DateDetails

2025-04-09

Added non-lethal weapons to Carry Basics section.

2024-12-27

Added tribal land information to the carry location section.

2024-03-05

Added enhanced permit renewal change to the permit renewal section

2022-03-18

Added SB 212

2021-05-19

Added info on driver's license link to permit in At A Glance table

2021-03-26

Updated info on gold card renewal timeframe in Permit Renewal section

2021-03-26

Updated info regarding permit fees in Permit Info section

2021-03-22

Updated info on SD permits exempting from background checks in At A Glance table

2021-02-26

Updated info on enhanced carry renewal in Permit Renewal section

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