Gun laws in South Dakota

Gun laws in South Dakota regulate the sale, possession, and use of firearms and ammunition in the state of South Dakota in the United States.[1][2]

Summary table

Subject/LawLong GunsHandgunsRelevant StatutesNotes
State permit required to purchase?NoNo
Firearm registration?NoNo
Owner license required?NoNo
Carry permits required?NoYesSD 23-7-7South Dakota is a "shall issue" state for concealed carry.
Open carry permitted?YesYesOpen carry is generally permitted. For open carry in a vehicle, the firearm must be clearly visible.
State preemption of local restrictions?YesYes
Assault weapon law?NoNo
Magazine Capacity Restriction?NoNo
NFA weapons restricted?NoNo
Background checks required for private sales?NoNo
Location of South Dakota in the United States

South Dakota is a "shall issue" state for concealed carry. The local county sheriff shall issue a permit to carry a concealed pistol to qualified applicants. A temporary permit shall be issued within five days of the application. Concealed carry is not permitted at an elementary or secondary school, in a courthouse, or in any establishment that derives over half of its income from the sale of alcoholic beverages. For non-residents, South Dakota recognizes valid concealed carry permits from any other state.[3][4][5][6]

Open carry is legal in South Dakota and does not require a concealed pistol permit. Firearms may be transported in vehicles if they are clearly visible.

When buying a handgun from a Federal Firearms License (FFL) holder, an application to purchase a handgun must be filled out by the buyer and submitted to the FBI NICS by the seller. Beginning June 1, 2009, anyone who passes the federal background check will be able to take possession of any firearm immediately, per SB0070.[7]

South Dakota has state preemption of firearms laws. Units of local government may not restrict the possession, transportation, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components.[8] Firearms manufacturers, distributors, and sellers are not liable for injury caused by the use of firearms.[1]

References

  1. 1 2 "State Gun Laws: South Dakota", National Rifle Association – Institute for Legislative Action. Retrieved December 31, 2012.
  2. ↑ "South Dakota State Law Summary", Law Center to Prevent Gun Violence. Retrieved December 31, 2012.
  3. ↑ South Dakota Attorney General – South Dakota Firearm Laws
  4. ↑ South Dakota Secretary of State – Concealed Pistol Permits
  5. ↑ South Dakota Concealed Carry CCW Laws and Information on carryconcealed.net Archived December 11, 2011, at the Wayback Machine.
  6. ↑ South Dakota Concealed Carry Permit Information on USACarry.com
  7. ↑ "Governor Rounds Signs Bills into Law", South Dakota State News, March 13, 2009
  8. ↑ South Dakota Secretary of State – Firearm Laws
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