South Dakota Firearm Law
The laws governing the legal use, storage and carrying of firearms are constantly changing. Below are the applicable laws in the State of South Dakota as of 4/23/2013. The below information is designed to be a guide and not the final word. If you have specific questions, please refer to the State of South Dakota legislation at legis.state.sd.us. Another great resource is the South Dakota Secretary of State.
22-14-11. License not required for weapon in own home, business, or property.
The provisions of § 22-14-9 do not apply to any person who possesses a pistol or revolver in his or her own dwelling house or place of business or on land owned or rented by himself or herself or by a member of his or her household.
22-14-27. Concealed weapons permit not a defense.
It is not a defense to a prosecution under § 22-14-23 that the defendant was the holder of a concealed weapons permit issued pursuant to §§ 23-7-7 and 23-7-7.1.
23-7-7. Permit to carry concealed pistol--Statewide validity--Background investigation.
A permit to carry a concealed pistol shall be issued to any person by the sheriff of the county in which the applicant resides. The permit shall be valid throughout the state and shall be issued pursuant to § 23-7-7.1. Prior to issuing the permit, the sheriff shall execute a background investigation, including a criminal history check, of every applicant for the purposes of verifying the qualifications of the applicant pursuant to the requirements of § 23-7-7.1. For the purposes of this section, a background investigation is defined as a computer check of available on-line records.
23-7-7.6. Time requirement for INTERPOL check.
Notwithstanding the five day requirement provided in § 23-7-7.1, if the background investigation under § 23-7-7 requires an international criminal history check through INTERPOL, the sheriff shall issue a temporary permit to carry a concealed pistol within three business days of receiving a response from INTERPOL if the applicant otherwise meets the requirements of § 23-7-7.1.
23-7-7.1. Requirements for issuance of temporary permit--Time requirement--Appeal of denial.
A temporary permit to carry a concealed pistol shall be issued within five days of application to a person if the applicant:
(1) Is eighteen years of age or older;
(2) Has never pled guilty to, nolo contendere to, or been convicted of a felony or a crime of violence;
(3) Is not habitually in an intoxicated or drugged condition;
(4) Has no history of violence;
(5) Has not been found in the previous ten years to be a "danger to others" or a "danger to self" as defined in § 27A-1-1 or is not currently adjudged mentally incompetent;
(6) Has physically resided in and is a resident of the county where the application is being made for at least thirty days immediately preceding the date of the application;
(7) Has had no violations of chapter 23-7, 22-14, or 22-42 constituting a felony or misdemeanor in the five years preceding the date of application or is not currently charged under indictment or information for such an offense;
(8) Is a citizen or legal resident of the United States; and
(9) Is not a fugitive from justice.
A person denied a permit may appeal to the circuit court pursuant to chapter 1-26.
23-7-7.5. Temporary permit--Active duty military personnel.
Any person who is active duty military with a home of record in South Dakota is considered to have met the provisions of subdivision 23-7-7.1(6).
23-7-7.2. Liability of issuing authority. No issuing authority, that has issued the permit in conformity with this chapter, is civilly liable to any injured person or his estate for any injury suffered, including any action for any wrongful death or property damage suffered, because of the issuance of a concealed weapons permit, or temporary permit, to any person.
23-7-7.3. Reciprocity with other states--Conditions.
The attorney general shall compare South Dakota permit issuance statutes with the permit issuance statutes in states with which reciprocity is sought or requested in order to determine whether the laws of the other state meet or exceed the requirements of this chapter for the issuance of a permit. The secretary of state may enter into reciprocity agreements with other states after the attorney general has notified the secretary of state that the other states' laws meet or exceed the provisions of this chapter.
23-7-7.4. Nonresident permit to carry concealed pistol--Validity in South Dakota--Application.
Any valid permit to carry a concealed pistol, issued to a nonresident of South Dakota, is valid in South Dakota according to the terms of its issuance in the state of its issue, but only to the extent that the terms of issuance comply with any appropriate South Dakota statute or promulgated rule. However, if the holder of such a nonresident permit to carry a concealed pistol becomes, at any time, a legal resident of South Dakota, the provisions of this section no longer apply.
22-14-9.2. Holders of permits from reciprocal states subject to South Dakota laws--Misdemeanor. Any person who is permitted to carry a concealed pistol in a state with which the secretary of state has entered into a reciprocity agreement pursuant to §§ 23-7-7.3, 22-14-9.1, 22-14-9.2, 23-7-7, 23-7-7.1, and 23-7-8 may carry a concealed pistol in this state if the permit holder carries the pistol in compliance with the laws of this state. Any violation of this section is a Class 1 misdemeanor.
The State of South Dakota honors ALL concealed carry permits/licenses from all permit/license issuing states.
The South Dakota Permit to Carry Concealed Pistol is honored in the states listed below.
Alabama, Alaska, Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Maine, Michigan, Mississippi, Missouri, Montana, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wyoming
23-7-8. Application for permit--Form and contents--Distribution and retention of copies--Issuance of official permit.
The application for a permit to carry a concealed pistol shall be filed either electronically or in triplicate on a form prescribed by the secretary of state. The application shall require the applicant's complete name, address, occupation, place and date of birth, physical description, a statement that the applicant has never pled guilty to, nolo contendere to, or been convicted of a crime of violence, a sworn statement that the information on the application is true and correct, and the applicant's signature. If filed in triplicate, the original shall be delivered to the applicant as the temporary permit, the duplicate shall within seven days be sent by first class mail to the secretary of state who shall issue the official permit, and the triplicate shall be preserved for four years by the authority issuing the permit. If the application is filed electronically, two copies shall be made and each shall be signed by the applicant. One copy shall be delivered to the applicant as the temporary permit, and the other copy shall be preserved for four years by the authority issuing the permit.
23-7-8.1. Form and contents of permit.
The form of the permit to carry a concealed pistol shall be prescribed by the secretary of state pursuant to § 23-7-8. The permit shall list the applicant's name, address, and the expiration date of the permit. The holder of a permit may carry a concealed pistol anywhere in South Dakota except in any licensed on-sale malt beverage or alcoholic beverage establishment that derives over one-half of its total income from the sale of malt or alcoholic beverages. Nothing in this section prevents law enforcement officers, parole agents, security guards employed on the premises, and other public officials with the written permission of the sheriff from carrying concealed weapons in the performance of their duties or prevents home or business owners from carrying concealed weapons on their property pursuant to § 22-14-11.
23-7-8.2. Duration of permit--Fee.
The permit to carry a concealed pistol is valid for a period of four years from the date of issuance. The fee for issuing the permit is ten dollars. The local authority shall collect the fee. Seven dollars of the fee shall be remitted to the secretary of state and three dollars shall be deposited in the general fund of the county or municipality issuing the permit.
23-7-8.3. Permit issued to specific person--Transfer prohibited.
A permit to carry a concealed pistol shall be issued to a specific person only and may not be transferred from one person to another.
23-7-8.4. Revocation of permit--Procedure.
A prosecuting attorney, upon application of a law enforcement officer, may apply to the circuit court for an order to show cause why a person's permit to carry a concealed pistol should not be revoked. Upon order of the court, after hearing, the permit shall be revoked and the holder of the permit shall immediately surrender the permit to the sheriff of the county in which he resides.
23-7-8.6. List, record, or registry of privately owned firearms, owners of firearms, or holders of permits prohibited.No state agency, political subdivision, official, agent, or employee of any state agency or political subdivision may knowingly keep or cause to be kept any list, record, or registry of privately owned firearms or any list, record, or registry of the owners of those firearms, or any list, record, or registry of holders of permits to carry a concealed pistol.
23-7-8.7. Application of firearm confidentiality provisions.
The provisions of § 23-7-8.6 do not apply to:
(1) Records of firearms that have been used in committing any crime;
(2) Permits to carry a concealed pistol records relating to any person who has been convicted of a felony;
(3) Records of the serial numbers of firearms that have been reported stolen that are retained for a period not in excess of ten days after such firearms are recovered and returned to the lawful owner. However, official documentation recording the theft of a recovered weapon may be maintained no longer than the balance of the year entered and two additional years;
(4) Firearm records that must be retained by firearm dealers under federal law, including copies of such records transmitted to law enforcement agencies;
(5) Any on duty law enforcement officer while conducting routine verification of the validity of a permit to carry a concealed pistol;
(6) The secretary of state for the issuance of concealed pistol permits pursuant to chapter 23-7 and any access reasonably necessary to verify information with regard to specific permits individually; and
(7) The preservation of the triplicate copy of the application for a permit to carry a concealed pistol by the authority issuing the permit as required by § 23-7-8.
22-14-10. Lawful uses of unloaded pistols or revolvers--Concealment--Exempt from permit requirement.
The provisions of § 22-14-9 do not apply to any person carrying any unloaded pistol or revolver for the purpose of, or in connection with, any lawful use, if the unloaded pistol or revolver is carried:
(1) In the trunk or other closed compartment of a vehicle; or
(2) In a closed container which is too large to be effectively concealed on the person or within the person's clothing. The container may be carried in a vehicle or in any other manner.
No person who complies with this section may be required to obtain a permit for the lawful uses described in this section.
NOTE: The South Dakota Attorney General released a statement with regards to carry firearms in a vehicle. The Attorney General's explanation.
§ 32-20-6.6. Carrying firearm on motorcycle or off-road vehicle-Exception for holder of concealed pistol permit or disabled hunter permit-Enforcement-Violation as misdemeanor.
No person, other than a law enforcement officer or conservation officer, or any person on the person's own land or land leased by the person, may operate or ride on any motorcycle or off-road vehicle with any firearm in the person's possession unless the firearm is completely unloaded and within a carrying case which encloses the entire firearm. However, this section does not apply to any person who is carrying a pistol and possesses a permit to carry a concealed pistol issued pursuant to chapter 23-7. This section does not apply to any person who holds a permit issued pursuant to § 41-8-37 while engaged in hunting from an off-road vehicle in accordance with the provisions of the permit. This section shall be enforced by all law enforcement officers including conservation officers. A violation of this section is a Class 2 misdemeanor.
§ 32-20A-11. Restrictions on carrying of firearms-Violation as misdemeanor.
No person other than a law enforcement officer or conservation officer may operate or ride in any snowmobile with any firearm in his possession unless the firearm is completely unloaded and within a carrying case which encloses the entire firearm. A violation of this section is a Class 2 misdemeanor
§ 13-32-7. Possession of firearms on elementary or secondary school premises or vehicle as misdemeanor-Exceptions.
Any person, other than a law enforcement officer, who intentionally carries, has in his possession, stores, keeps, leaves, places, or puts into the possession of another person, any firearm, or air gun, whether or not the firearm or air gun is designed, adapted, used, or intended primarily for imitative or noisemaking purposes, or any dangerous weapon, on or in any elementary or secondary school premises, vehicle, or building or any premises, vehicle, or building used or leased for elementary or secondary school functions, whether or not any person is endangered by such actions, is guilty of a Class 1 misdemeanor. This section does not apply to starting guns while in use at athletic events, firearms, or air guns at firing ranges, gun shows, and supervised schools or sessions for training in the use of firearms. This section does not apply to the ceremonial presence of unloaded weapons at color guard ceremonies.
22-14-22. County courthouse defined.
For the purposes of §§ 22-14-23 to 22-14-28, inclusive, the term, county courthouse, means the state capitol or any building occupied for the public sessions of a circuit court, with its various offices. The term includes any building appended to or used as a supplementary structure to a county courthouse.
22-14-23. Possession in county courthouse--Misdemeanor.
Except as provided in § 22-14-24, any person who knowingly possesses or causes to be present any firearm or other dangerous weapon, in any county courthouse, or attempts to do so, is guilty of a Class 1 misdemeanor.
23-7-8.1 The holder of a permit may carry a concealed pistol anywhere in South Dakota except in any licensed on-sale malt beverage or alcoholic beverage establishment that derives over one-half of its total income from the sale of malt or alcoholic beverages.
Note: All Federal carry limitations apply as well.
The State of South Dakota does not issue a non-resident a Permit to Carry a Concealed Pistol.