South Dakota allows any non-prohibited adult 18 or older to carry a pistol openly or concealed without a permit, a status that took effect July 1, 2019 under SB 47 (SL 2019, ch 113). The state still issues three optional concealed pistol permit tiers — Regular, Gold Card, and Enhanced — through the applicant's county sheriff, each valid for five years and intended primarily for reciprocity, federal Gun Control Act purchase-without-NICS purposes, and (for the Enhanced) state-capitol and limited school-grounds carry. South Dakota has no firearm registry, no magazine limit, no red flag law, and a strong three-section preemption regime backed by AG cease-and-desist authority; a 2026 law also removes firearm silencers from the state's 'controlled weapon' definition.
Sourced from official state legislature, AG, and ATF documents. Last verified June 6, 2026.
No. Since July 1, 2019, any non-prohibited adult 18 or older may carry a pistol openly or concealed without a permit. The three optional permit tiers (Regular, Gold Card, Enhanced) exist mainly for out-of-state reciprocity and Brady Act purchase exemption.
Yes. South Dakota has no statute prohibiting open carry of a handgun by a non-prohibited adult 18 or older. Open carry is permitless statewide.
Yes. South Dakota imposes no general restriction on a loaded handgun in any compartment of a motor vehicle for non-prohibited adults. The main in-vehicle offenses are reckless discharge and possession of a loaded firearm while intoxicated under SDCL § 22-14-7.
Regular: 18+, NICS check only, no course, valid 5 years, recognized in 31 states. Gold Card: 18+, adds fingerprint background check, no course, recognized in 33 states (the Regular set plus Wisconsin and Washington). Enhanced: 21+ (or 18-20 restricted), adds qualifying handgun course (≥98 live-fire rounds), recognized in 39 states, and is the only tier that allows carry in the state capitol (with 24-hour advance notice to the Highway Patrol) and on certain school grounds with principal permission.
Generally no for K-12. Possessing a firearm on public K-12 school premises, vehicle, or building is a Class 1 misdemeanor under SDCL § 13-32-7. Narrow exceptions: a school sentinel under ch. 13-64; an Enhanced-permit holder 21+ with written principal permission; or any permit holder inside or securing/retrieving a pistol from their vehicle. Public universities and technical colleges may NOT restrict Enhanced-permit carry effective 2025.
Yes. SDCL § 22-18-4.1 (enacted 2021) provides no duty to retreat and expressly grants the right to stand your ground when using or threatening deadly force, provided the actor is not engaged in criminal activity and is in a place where the person has a right to be. The non-deadly companion provision (§ 22-18-4) also imposes no duty to retreat.
Functionally yes — SDCL § 22-18-4.1 allows deadly force without retreat in any place the person has a right to be (which subsumes the home), provided the actor is not engaged in criminal activity. South Dakota does not have a separate codified castle-doctrine presumption section, but the no-duty-to-retreat statute applies inside the home by its plain terms.
Yes. South Dakota has no statutory 'guns-in-trunks' or employer-parking-lot protection. Private employers retain full authority to set firearm policies on their premises, including parking areas. A county may not restrict its own employees' concealed firearm possession on county property (SDCL § 7-18-35), but that protection applies only to county employees of county government, not private workplaces.
No. South Dakota has no statutory duty to proactively inform a law enforcement officer that you are armed. Permit holders typically present their permit on a lawful officer request, but there is no separate duty-to-disclose statute.
Yes, with federal NFA registration. Short-barreled rifles have never been on South Dakota's state 'controlled weapon' list. Firearm silencers were previously on the list (with an NFA-compliance defense), and effective July 1, 2026, SB 2 (SL 2026, ch 96) removes silencers from the controlled-weapon definition entirely — South Dakota becomes the first state to fully deregulate suppressors at the state level. Federal NFA registration is still required.
No. SDCL § 23-7-8.6 expressly prohibits any state agency or political subdivision from keeping a registry of privately owned firearms, firearm owners, or concealed pistol permit holders.
Four major changes: (1) 2019 permitless carry (SB 47); (2) 2019 hardened preemption with AG cease-and-desist authority (HB 1056); (3) 2021 codified stand-your-ground (HB 1212); (4) 2025 campus carry for Enhanced-permit holders at public universities and tech colleges (SL 2025, ch 86); and most recently (5) 2026 SB 2, signed February 10, 2026 — first state-level law removing firearm silencers from the 'controlled weapon' definition, effective July 1, 2026.
Federal law requires you to be 21 to buy a handgun from a federally licensed dealer and 18 for long guns. South Dakota imposes no additional state-level purchase age, but SDCL § 23-7-44 makes knowing possession of a pistol by anyone under 18 a Class 1 misdemeanor (with narrow parental-consent / supervised-use exceptions in § 23-7-45).
South Dakota recognizes any valid concealed pistol permit issued by another state to a nonresident. As of March 31, 2026, the SD Enhanced permit is honored in 39 states; the Gold Card adds 33; the Regular adds 31. South Dakota residents may NOT carry concealed in California, Connecticut, Hawaii, Illinois, Maryland, Massachusetts, New Jersey, New York, Oregon, or Rhode Island. Always check the SD Secretary of State's current reciprocity grid before traveling.
No. South Dakota imposes no universal background check requirement. NICS checks apply only to purchases from a federally licensed dealer under the federal Brady Act. Private in-state sales between non-licensed individuals require no background check by state law.
Yes, but possession of a loaded firearm while intoxicated is a Class 1 misdemeanor under SDCL § 22-14-7. There is no separate state statute prohibiting firearm possession in alcohol-serving establishments, but the establishment may post its own no-firearms policy, which is enforceable under general trespass principles.
No. South Dakota has no extreme risk protection order (ERPO) statute. The most recent attempt — 2023 HB 1227, introduced by Rep. Linda Duba — was unanimously rejected in House Judiciary on February 13, 2023.
South Dakota's concealed pistol permit statute expressly states that permit issuance does not impose a general prohibition on the carrying of a pistol without a permit. This language, added by SL 2019, ch 113 (SB 47), is the statutory anchor of permitless carry effective July 1, 2019.
"The issuance of a permit to carry a concealed pistol under this chapter does not impose a general prohibition on the carrying of a pistol without a permit."
SDCL § 23-7-7 statute
The former South Dakota statute prohibiting carrying a concealed pistol without a permit (SDCL § 22-14-9) was repealed by SL 2019, ch 113, § 1 (SB 47), enacting permitless carry effective July 1, 2019. The repealing source line is preserved at the statute number on the official codified-laws site.
"22-14-9, 22-14-9.1. Repealed by SL 2019, ch 113, §§ 1, 2."
SDCL § 22-14-9.1, the companion to § 22-14-9 that prohibited carrying a concealed pistol without a permit and addressed concealment-while-intoxicated edge cases, was repealed by SL 2019, ch 113, § 2 (SB 47), effective July 1, 2019, as part of the same permitless-carry enactment that struck § 22-14-9. The repealing source line is preserved at the statute number on the official codified-laws site.
"22-14-9, 22-14-9.1. Repealed by SL 2019, ch 113, §§ 1, 2."
South Dakota's Regular and Gold Card permits require the applicant to be 18 or older, not federally prohibited, not a fugitive, a U.S. citizen or legal resident, and with no felony or crime of violence conviction. These same disqualifications functionally define who may carry permitlessly because § 23-7-44 (minors) and federal § 922(g) still apply; adult permitless carry mirrors permit eligibility minus permit-only requirements.
"A temporary permit to carry a concealed pistol shall be issued to a person under § 23-7-7 within five days of application if the person: (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... (10) Is not otherwise prohibited by state law, 18 U.S.C. § 922(g)... or 18 U.S.C. § 922(n)... from receiving, possessing or transporting a firearm."
Federal law (18 U.S.C. § 922(g)) prohibits nine categories of persons from shipping, transporting, possessing, or receiving any firearm or ammunition in or affecting commerce: persons convicted of crimes punishable by more than one year imprisonment, fugitives from justice, unlawful users of or those addicted to a controlled substance, persons adjudicated mentally defective or committed to a mental institution, certain aliens, those dishonorably discharged from the Armed Forces, persons who have renounced U.S. citizenship, persons subject to qualifying domestic restraining orders, and persons convicted of a misdemeanor crime of domestic violence. This federal floor applies to South Dakota permitless carriers and permit applicants under SDCL § 23-7-7.1.
"It shall be unlawful for any person... who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year... to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce."
Federal law (18 U.S.C. § 922(n)) makes it unlawful for any person under indictment for a crime punishable by more than one year of imprisonment to ship, transport in interstate commerce, or receive in interstate commerce any firearm or ammunition. South Dakota's permit-eligibility statute (§ 23-7-7.1) incorporates this prohibition by reference; the same prohibition applies to permitless carriers as a matter of federal law.
"It shall be unlawful for any person who is under indictment for a crime punishable by imprisonment for a term exceeding one year to ship or transport in interstate or foreign commerce any firearm or ammunition or receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce."
South Dakota's Regular concealed pistol permit is issued by the applicant's county sheriff and is valid for five years from the date of issuance. The Regular permit requires no live-fire training course and only a NICS background check.
"The permit to carry a concealed pistol is valid for a period of five years from the date of issuance."
The Enhanced permit requires an applicant to submit fingerprints for a state, national, and international (INTERPOL-eligible) criminal background check AND proof of completion of a qualifying handgun course defined in § 23-7-58 within the preceding 12 months (or LEO equivalent). The Enhanced permit minimum age is 21 (§ 23-7-54.2), but applicants 18-20 may receive a restricted Enhanced permit.
"An applicant must submit an application, to the sheriff of the county in which the applicant resides, for an optional enhanced permit to carry a concealed pistol. The application must include: (1) A copy of the applicant's fingerprints... (4) Proof that the applicant: (a) Has successfully completed a qualifying handgun course as defined in § 23-7-58, within the preceding twelve months."
The Enhanced concealed pistol permit minimum age is 21 under § 23-7-54.2. Applicants between 18 and 20 may receive a restricted Enhanced permit subject to the same qualifying handgun course and fingerprint requirements as a full Enhanced; the restricted Enhanced converts to a full Enhanced upon the holder turning 21.
SDCL § 23-7-54.2 (Enhanced permit minimum age; restricted permit for 18-20) statute
The qualifying handgun course for an Enhanced permit must be taught by an NRA-certified instructor who also holds a current Division of Criminal Investigation use-of-force certificate, and must include South Dakota firearm law, basic safe-handgun concepts, self-defense principles, and live-fire training including a minimum of 98 rounds fired by the student.
"Live fire training including the firing of at least ninety-eight rounds of ammunition by the student."
The Gold Card permit requires the applicant to submit fingerprints for a state, national, and international criminal background check but does NOT require a qualifying handgun course. It is the middle of the three permit tiers and is recognized in two additional states (Wisconsin, Washington) beyond those that honor the Regular permit.
"An applicant must submit an application, to the sheriff of the county in which the applicant resides, for a gold card permit to carry a concealed pistol. The application must include: (1) A copy of the applicant's fingerprints..."
The Enhanced permit is valid for five years from the date of issuance and must be carried with a government-issued photo ID to be valid.
"An enhanced permit to carry a concealed pistol is valid for five years and is only valid if carried with a government issued form of identification that includes a picture of the permit holder."
South Dakota's Secretary of State administers the official concealed pistol permit program (applications are filed with the county sheriff and forwarded to the Secretary of State for issuance). The Secretary of State publishes the Firearm Handbook, the reciprocity grid, and the instructor roster for Enhanced permits.
"Concealed Pistol Permits"
South Dakota has no statute prohibiting open carry of a handgun by a non-prohibited adult. The state's official Firearm Handbook, published by the Secretary of State, confirms that any non-prohibited person 18 or older may carry concealed without a permit, and no separate state statute restricts open carry on public property by adults.
"South Dakota residents and nonresidents who may lawfully possess a pistol are not required to have a permit in order to carry a concealed pistol in this state (SDCL 23-7-7)."
SDCL ch. 23-7 (no open-carry prohibition) / SD Firearm Handbook (2025) ag
South Dakota imposes no general state-law restriction on carrying a loaded handgun in any compartment of a motor vehicle by a non-prohibited adult — the glove box, center console, and trunk are all permissible whether or not the firearm is loaded. The principal in-vehicle offenses are reckless discharge and possession of a loaded firearm while intoxicated, both Class 1 misdemeanors under § 22-14-7.
"Any person who: (1) Recklessly discharges a firearm or recklessly shoots a bow and arrow... (3) Has in personal possession a loaded firearm while intoxicated; is guilty of a Class 1 misdemeanor."
SDCL § 22-14-7 (loaded firearm while intoxicated; reckless discharge) statute
South Dakota has no statutory 'guns-in-trunks' or employer-parking-lot firearm-storage protection. No section of SDCL ch. 22-14 (Unlawful Use of Weapons) or SDCL ch. 23-7 (Firearms Control) prohibits an employer from banning firearms on company property, including parking lots. Private employers retain full authority to set firearm policies on their premises.
"Chapter 22-14 — Unlawful Use of Weapons (no employer-parking-area protection enumerated)"
SDCL ch. 22-14, 23-7 (no employer-parking-lot statute) statute
Under SDCL § 7-18-35, a county may not adopt or enforce any policy that restricts an employee of the county from possessing a concealed pistol on county property if the employee is otherwise lawfully entitled to carry under chapter 23-7. This narrow protection applies only to county employees on county property and does not extend to private employer parking lots or to municipal/state-government employees.
SDCL § 7-18-35 (county may not restrict its own employees' carry on county property) statute
As of March 31, 2026, the SD Enhanced permit is honored in 39 states; the Gold Card adds two states (WI, WA) beyond the Regular permit's recognition set; the Regular permit alone is honored in 31 states. South Dakota residents may NOT carry concealed in 11 states: CA, CT, HI, IL, MD, MA, NJ, NY, OR, RI. SDCL § 23-7-7.3 directs the SD AG to compare other states' permit-issuance statutes and certify reciprocity matches.
"Concealed Carry Reciprocity — Regular, Gold Card, and Enhanced Carry Permitted: Alabama, Alaska*, Arizona, Arkansas, Colorado*, Florida*, Georgia*, Idaho, Indiana, Iowa, Kansas*, Kentucky*, Louisiana*, Maine, Michigan*, Mississippi, Missouri, Montana, New Hampshire, North Carolina*, North Dakota, Ohio, Oklahoma, Pennsylvania*, Tennessee*, Texas, Utah*, Vermont, Virginia*, West Virginia*, Wyoming*. Gold Card Carry Permitted: Wisconsin, Washington. Enhanced Carry Permitted: Delaware, Minnesota, Nebraska*, Nevada, South Carolina, Washington*, Wisconsin, New Mexico*."
SD Secretary of State — Concealed Carry Reciprocity Grid (updated 03/31/2026) ag
The South Dakota Attorney General compares other states' permit-issuance statutes to SD's, and the Secretary of State may enter reciprocity agreements once the AG certifies that the other state's laws meet or exceed SDCL chapter 23-7. The South Dakota Firearm Handbook (2025) also confirms that SD recognizes any valid concealed pistol permit issued by another state to a nonresident.
"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."
South Dakota's defense-of-person statute justifies the use or threat of non-deadly force when reasonably believed necessary against another's imminent unlawful force, and explicitly imposes no duty to retreat. Originally derived from SDC 1939, the current no-duty-to-retreat language was added by SL 2021, ch 93 (HB 1212).
"A person is justified in using or threatening to use force, other than deadly force, against another if the person reasonably believes that using or threatening to use force is necessary to defend against the other's imminent use of unlawful force. A person who uses or threatens to use force in accordance with this section does not have a duty to retreat before using or threatening to use force."
SDCL § 22-18-4 (force in defense of person; no duty to retreat) statute
South Dakota is a codified stand-your-ground state. A person not engaged in criminal activity and in a place where the person has a right to be has no duty to retreat and has the right to stand his or her ground when using or threatening deadly force reasonably believed necessary to prevent imminent death, great bodily harm, or a forcible felony. Enacted by SL 2021, ch 93 (HB 1212).
"A person is justified in using or threatening to use deadly force if the person reasonably believes that using or threatening to use 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 who uses or threatens to use deadly force in accordance with this section does not have a duty to retreat and has the right to stand his or her ground, if the person using or threatening to use the deadly force is: (1) Not engaged in a criminal activity; and (2) In a place where the person has a right to be."
SDCL § 22-18-4.1 (deadly force; no duty to retreat; right to stand ground) statute
South Dakota imposes no duty to proactively inform a law enforcement officer that you are armed during a traffic stop or other encounter. Permit holders are not statutorily required to display the permit on demand the way some other states require, though presenting it upon a lawful officer request is customary.
"Chapter 23-7 — Firearms Control (no duty-to-inform section enumerated)"
Possessing a firearm on any public K-12 school premises, vehicle, or building is a Class 1 misdemeanor. Limited exceptions include law enforcement, certified school sentinels (under ch. 13-64), and Enhanced-permit holders 21+ with written principal permission. Any permit holder may carry inside a motor vehicle on school grounds or when securing/retrieving the pistol from the vehicle.
"Any person who intentionally carries, possesses, stores, keeps, leaves, places, or puts into the possession of another person, any dangerous weapon, firearm, or air gun... on or in any public elementary or secondary school premises, vehicle, or building... is guilty of a Class 1 misdemeanor."
SDCL § 13-32-7 (schools) statute
South Dakota's School Sentinel program, codified at SDCL chapter 13-64, authorizes a school district or non-public school, in consultation with local law enforcement, to arm specifically trained and designated school employees or volunteers (the 'school sentinels') for the protection of students and staff. A certified school sentinel is one of the enumerated exceptions to the § 13-32-7 prohibition on firearms in K-12 schools.
Knowingly possessing a firearm or other dangerous weapon in a county courthouse or the state capitol is a Class 1 misdemeanor, subject to enumerated exceptions in § 22-14-24 (law enforcement, court officers, certain employees, and — in the state capitol only — Enhanced permit holders who give the Highway Patrol superintendent 24 hours' notice). Notice of the prohibition must be conspicuously posted at each public entrance.
"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 in the state capitol, or attempts to do so, is guilty of a Class 1 misdemeanor."
An Enhanced permit holder may carry a concealed pistol in most of the state capitol (other than the Supreme Court chamber or other access-controlled offices) if the person notifies the superintendent of the Division of Highway Patrol orally or in writing at least 24 hours in advance; notification may specify a date range up to December 31 of that year and may be renewed without limit.
"(5) The possession of a concealed pistol anywhere in the state capitol, other than in the Supreme Court chamber or other access-controlled private office under the supervision of security personnel, by any person not otherwise referenced in this section, provided: (a) The person possessing the concealed pistol holds an enhanced permit issued in accordance with § 23-7-53; (b) At least twenty-four hours prior to initially entering the state capitol with a concealed pistol, the person notifies the superintendent of the Division of Highway Patrol."
SDCL § 22-14-24 (state capitol Enhanced-permit exception) statute
South Dakota does not prohibit carry inside a bar or restaurant by statute, but possession of a loaded firearm while intoxicated is a Class 1 misdemeanor. Establishments may post their own no-firearms policy under general trespass principles, but there is no specific posted-private-property firearm-trespass statute analogous to other states' signage rules.
"Any person who... (3) Has in personal possession a loaded firearm while intoxicated; is guilty of a Class 1 misdemeanor."
Effective in 2025 (SL 2025, ch 86), the South Dakota Board of Regents (which governs public universities) may not restrict the carry of a concealed pistol by an Enhanced-permit, restricted-Enhanced-permit, or recognized reciprocal-permit holder within institution boundaries. Limited storage-required exceptions apply for hazardous areas, MRI rooms, and special events with metal detectors.
"Neither the Board of Regents nor any institution under the control of the board may restrict or limit the lawful carrying, possession, storage, or transportation of: (1) A concealed pistol, as defined in § 22-1-2, and compatible ammunition, by any individual holding an enhanced permit, a restricted enhanced permit, or a reciprocal permit in accordance with chapter 23-7."
SDCL § 13-53-56 (Board of Regents campus carry, Enhanced only) statute
Effective in 2025 (SL 2025, ch 86), the South Dakota Board of Technical Education may not restrict the carry of a concealed pistol by an Enhanced-permit, restricted-Enhanced-permit, or recognized reciprocal-permit holder within technical college boundaries. This is the parallel provision to § 13-53-56 (which covers Board of Regents universities), with the same storage-required exceptions for hazardous areas, MRI rooms, and special events secured by metal detectors and armed security.
SDCL § 13-39A-43 (Board of Technical Education campus carry, Enhanced only) statute
South Dakota § 22-14-5 makes possession of a firearm with an altered, defaced, or removed serial number a Class 6 felony. The offense is separate from the § 22-14-15 felon-in-possession statute and applies to any person, not only those with prior convictions.
SDCL § 22-14-5 (altered or removed firearm serial number) statute
Under SDCL § 23-7-71, a person under 18 may not carry a concealed pistol except in the presence of a parent or legal guardian. This is an additional restriction beyond § 23-7-44's general ban on minor pistol possession — it specifically governs concealment by minors even within the § 23-7-45 supervised-use exceptions.
SDCL § 23-7-71 (minor concealed carry; parental presence requirement) statute
Federal NICS checks are required only for purchases from a federally licensed dealer. South Dakota imposes no state-level universal background check on private sales between unlicensed individuals.
"A firearms purchaser must, under the permanent provisions of the Federal Brady Law, also undergo a National Instant Criminal Background Check System (NICS) check, which will be performed by the firearms dealer."
Federal law requires that handguns be sold by a federally licensed dealer only to buyers 21 or older, while long guns may be sold by an FFL at 18. South Dakota imposes no additional state purchase age beyond federal law, but SDCL § 23-7-44 makes knowing possession of a pistol by anyone under 18 a Class 1 misdemeanor (with the parental-consent / instructor / hunting / target shooting exceptions in § 23-7-45).
"A licensee may not sell a handgun to anyone under the age of 21. A licensee may not sell a long gun to anyone under the age of 18."
18 U.S.C. § 922(b)(1) (federal FFL) / SDCL § 23-7-44 (state minor pistol prohibition) atf
South Dakota prohibits anyone under 18 from knowingly possessing a pistol — a Class 1 misdemeanor — subject to the parental-consent and supervised-use exceptions in § 23-7-45 (premises owned or leased by family, presence of a licensed instructor, or use for farming, ranching, hunting, trapping, target shooting, or gun safety instruction).
"No person under the age of eighteen years may knowingly possess a pistol. A violation of this section is a Class 1 misdemeanor."
South Dakota § 23-7-45 enumerates the exceptions to the § 23-7-44 ban on pistol possession by minors under 18. A person under 18 may possess a pistol while on premises owned, leased, or otherwise lawfully occupied by the person's parent or legal guardian, while in the presence of a licensed firearm-safety instructor, or while using the pistol for farming, ranching, hunting, trapping, target shooting, or firearm-safety instruction with the express consent of the parent or legal guardian.
SDCL § 23-7-45 (exceptions to minor pistol possession ban) statute
South Dakota expressly prohibits any state agency or political subdivision from keeping a list, record, or registry of privately owned firearms, of firearm owners, or of concealed pistol permit holders. Firearm registration is neither required nor permitted to be maintained by government.
"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."
South Dakota has no extreme risk protection order (red flag) statute. The most recent attempt — 2023 HB 1227, introduced by Rep. Linda Duba — was unanimously rejected in House Judiciary on February 13, 2023. No subsequent ERPO bill has advanced.
"Chapter 22-14 — Unlawful Use of Weapons (no ERPO / red-flag section enumerated)"
SDCL chs. 22-14, 23-7 (no ERPO statute) / 2023 HB 1227 (rejected) statute
South Dakota has no state-level assault weapon ban and three parallel preemption statutes prohibit counties, townships, and municipalities from passing one. Any local ordinance restricting firearms or ammunition possession, storage, transportation, purchase, sale, transfer, ownership, manufacture, or repair is null and void, and the AG must issue a cease-and-desist order followed by injunctive relief.
"No county may pass an ordinance that restricts or prohibits, or imposes any tax, licensure requirement, or licensure fee on the possession, storage, transportation, purchase, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components. Any ordinance prohibited by this section is null and void."
South Dakota has no magazine capacity limit. The three preemption statutes (county/township/municipality) bar any local government from imposing one.
"No municipality may pass an ordinance that restricts or prohibits, or imposes any licensure requirement or licensure fee on the possession, storage, transportation, purchase, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components."
SDCL §§ 7-18A-36, 9-19-20 (preemption); no capacity statute statute
Suppressors, short-barreled rifles (SBRs), short-barreled shotguns (SBSs), and machine guns are regulated under the federal National Firearms Act and require ATF registration regardless of state law.
"The National Firearms Act (NFA) imposes a statutory excise tax on the manufacture and transfer of certain firearms and mandates the registration of those firearms."
Possession of a 'controlled weapon' is a Class 6 felony, but is excepted for any person who has a valid state or federal license for the weapon or has registered it with the proper authority — which is exactly how a federal NFA tax-stamped item qualifies. Effective July 1, 2026 (per SL 2026, ch 96, SB 2), firearm silencers are removed from the controlled-weapon definition entirely, leaving only machine guns and short shotguns; SBRs are not on South Dakota's controlled-weapon list at all.
"Any person who knowingly possesses a controlled weapon is guilty of a Class 6 felony. However, the provisions of this section do not apply to any person who: ... (2) Has a valid state or federal license issued pursuant to law for such weapon or has registered such weapon with the proper state or federal authority pursuant to law."
SDCL § 22-14-6 (controlled weapon; NFA-compliance defense) statute
South Dakota's 'controlled weapon' definition originally included firearm silencers, machine guns, and short shotguns. Effective July 1, 2026, SL 2026, ch 96 (SB 2 — the first state-level suppressor-deregulation law in the U.S.) removes firearm silencers from this definition. After the effective date, machine guns and short shotguns remain controlled weapons; silencers are not, and federal NFA registration is the only requirement.
"'Controlled weapon' includes a machine gun and short shotgun, but does not include a firearm silencer."
SDCL § 22-1-2(8) (controlled weapon definition, as amended by SL 2026, ch 96) statute
South Dakota's firearm preemption is enforced through three parallel statutes — one each for counties (§ 7-18A-36), townships (§ 8-5-13), and municipalities (§ 9-19-20). SL 2019, ch 51 (HB 1056) strengthened them by adding AG cease-and-desist authority, mandatory injunctive relief, and a fee-shifting provision for defendants of nullified local ordinances. Zoning and building codes are excepted only if not used to circumvent the preemption.
"The attorney general shall send a cease and desist order to any county that passes or enforces an ordinance in violation of this section. If the county fails to comply with the order, the attorney general shall bring an action in the name of the state for injunctive relief... A court shall grant any person charged with a violation of an ordinance prohibited under this section reasonable costs, expenses, and attorney's fees."
SDCL §§ 7-18A-36, 8-5-13, 9-19-20 (three-tier preemption) statute
SDCL § 8-5-13 is South Dakota's township-level firearm preemption statute, parallel to § 7-18A-36 (counties) and § 9-19-20 (municipalities). No township may pass an ordinance restricting or prohibiting, or imposing any tax, licensure requirement, or licensure fee on the possession, storage, transportation, purchase, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components. Any such ordinance is null and void, and SL 2019, ch 51 (HB 1056) added AG cease-and-desist authority, injunctive relief, and fee-shifting for individuals charged with violating a preempted township ordinance.
SDCL § 9-19-20 is South Dakota's municipal firearm preemption statute, parallel to § 7-18A-36 (counties) and § 8-5-13 (townships). No municipality may pass an ordinance restricting or prohibiting, or imposing any licensure requirement or licensure fee on the possession, storage, transportation, purchase, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components. SL 2019, ch 51 (HB 1056) added the AG cease-and-desist authority, mandatory injunctive relief if the municipality fails to comply, and fee-shifting for individuals charged with violating a preempted municipal ordinance.
"No municipality may pass an ordinance that restricts or prohibits, or imposes any licensure requirement or licensure fee on the possession, storage, transportation, purchase, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components."
Signed by Governor Kristi Noem on January 31, 2019 and effective July 1, 2019, SB 47 (SL 2019, ch 113) repealed SDCL § 22-14-9 and § 22-14-9.1 (the prior prohibition on carrying a concealed pistol without a permit), amended § 23-7-7 to clarify that permit issuance does not impose a general prohibition on carrying without a permit, and amended § 23-7-7.1 eligibility for the now-optional permit.
"22-14-9, 22-14-9.1. Repealed by SL 2019, ch 113, §§ 1, 2."
In 2019, HB 1056 (SL 2019, ch 51) overhauled all three preemption statutes (§ 7-18A-36, § 8-5-13, § 9-19-20) to add AG cease-and-desist authority, mandatory injunctive relief, and fee-shifting for individuals charged with violating a preempted local ordinance. Originally adopted in 1983, the preemption regime was significantly hardened by the 2019 amendments.
"Source: SL 1983, ch 38, § 2; SL 2019, ch 51, § 1."
In 2021, HB 1212 (SL 2021, ch 93) reorganized SDCL § 22-18-4 (non-deadly force) and added the new § 22-18-4.1 (deadly force) — both expressly imposing no duty to retreat and § 22-18-4.1 expressly granting the right to stand one's ground. This is South Dakota's modern stand-your-ground codification.
"A person who uses or threatens to use deadly force in accordance with this section does not have a duty to retreat and has the right to stand his or her ground. Source: SL 2021, ch 93, § 3."
SL 2021, ch 93 (HB 1212) — stand-your-ground codified statute
In 2025, South Dakota enacted SL 2025, ch 86, prohibiting the Board of Regents (public universities) and the Board of Technical Education from restricting concealed pistol carry by Enhanced, restricted Enhanced, or reciprocal Enhanced permit holders on campus. Limited exceptions exist for hazardous-materials rooms, MRI rooms, security-clearance areas, and special events with metal detectors plus armed security.
"Neither the Board of Regents nor any institution under the control of the board may restrict or limit the lawful carrying, possession, storage, or transportation of: (1) A concealed pistol... by any individual holding an enhanced permit. Source: SL 2025, ch 86, § 3."
SL 2025, ch 86 (campus carry for Enhanced permit holders) statute
Signed by Governor Larry Rhoden on February 10, 2026 and effective July 1, 2026, SB 2 (SL 2026, ch 96) removes firearm silencers from South Dakota's 'controlled weapon' definition in § 22-1-2(8) and from the § 22-14-6 felony list. South Dakota is the first state to fully deregulate suppressors at the state level; federal NFA registration is still required.
"'Controlled weapon' includes a machine gun and short shotgun, but does not include a firearm silencer. Source: SL 1976, ch 158, § 14-2; SL 1977, ch 189, § 27; SL 2005, ch 120, § 244; SL 2026, ch 96, § 2."
SL 2026, ch 96 (SB 2) — firearm silencers removed from controlled weapons statute
Signed by Governor Larry Rhoden on February 10, 2026 at the Silencer Central headquarters in Sioux Falls, SB 2 removes firearm silencers from SDCL § 22-1-2(8) 'controlled weapon' definition and from the § 22-14-6 Class 6 felony provision. South Dakota is the first U.S. state to fully deregulate suppressors at the state level. Federal NFA registration is still required for any silencer.
South Dakota prohibits the Board of Regents (public universities) and the Board of Technical Education from restricting concealed pistol carry by Enhanced, restricted Enhanced, or reciprocal Enhanced permit holders within institution boundaries. Limited storage-required exceptions for hazardous-materials rooms, MRI rooms, security-clearance areas, and special events with metal detectors plus armed security.
HB 1212 split the older defense-of-person statute into separate non-deadly-force (§ 22-18-4) and deadly-force (§ 22-18-4.1) provisions. Both expressly provide no duty to retreat. The deadly-force provision additionally grants the right to stand one's ground if the actor is not engaged in criminal activity and is in a place where the person has a right to be.
Signed by Governor Kristi Noem on January 31, 2019, Senate Bill 47 repealed SDCL § 22-14-9 and § 22-14-9.1 (the prior concealed-without-permit prohibition) and amended § 23-7-7 to clarify that permit issuance does not impose a general prohibition on permitless carry. Adults 18+ who are not federally prohibited may now carry a pistol openly or concealed without a permit.
HB 1056 amended all three preemption statutes (§ 7-18A-36 counties, § 8-5-13 townships, § 9-19-20 municipalities) to add AG cease-and-desist authority, mandatory injunctive relief if the local government fails to comply, and a fee-shifting provision granting reasonable costs, expenses, and attorney's fees to any person charged with violating a preempted local ordinance.
Possessing a firearm or other dangerous weapon on any public K-12 school premises, vehicle, or building is a Class 1 misdemeanor. Exceptions: law enforcement; certified school sentinels (ch. 13-64); an Enhanced-permit holder 21+ with written principal permission; any permit holder while inside a motor vehicle on school property or securing/retrieving a pistol from the vehicle. Nonpublic schools and houses of worship are excluded from the prohibition.
Knowingly possessing a firearm or other dangerous weapon in any county courthouse or the state capitol is a Class 1 misdemeanor. Statutory exceptions in § 22-14-24 include law enforcement, judges, magistrates, and (in the state capitol only) an Enhanced-permit holder who gives the Division of Highway Patrol superintendent at least 24 hours' advance notice. Notice of the prohibition must be conspicuously posted at each public entrance.
Same § 22-14-23 prohibition as for county courthouses, but with a specific Enhanced-permit exception in § 22-14-24(5): a person holding an Enhanced permit may carry concealed anywhere in the state capitol other than the Supreme Court chamber or other access-controlled offices, provided written or oral notice is given to the Division of Highway Patrol superintendent at least 24 hours before initial entry. Notice may specify a date range up to December 31 and may be renewed.
Possession of a loaded firearm while intoxicated is a Class 1 misdemeanor under SDCL § 22-14-7. There is no separate state statute banning carry in an alcohol-serving establishment, but the loaded-while-intoxicated rule effectively limits carry in bars or restaurants while drinking.
Anyone under 18 may not knowingly possess a pistol, a Class 1 misdemeanor under SDCL § 23-7-44. Exceptions in § 23-7-45 permit possession with parental written consent on family premises, in the presence of a licensed firearm-safety instructor, or for farming, ranching, hunting, trapping, target shooting, or gun-safety instruction. Minors may not carry a concealed pistol except in the presence of a parent or legal guardian (§ 23-7-71).
It is a Class 6 felony for anyone with a prior crime-of-violence or qualifying drug felony conviction to possess or control a firearm under § 22-14-15. The bar lasts 15 years from the last discharge from prison, jail, probation, or parole. Possession of a firearm with an altered or removed serial number is a Class 6 felony under § 22-14-5.
Every fact on this page is paired with a citation to the underlying statute, attorney general guidance, court opinion, or ATF document. We do not rely on summaries from advocacy organizations as primary sources. Last verified June 6, 2026 against the official sources.
This page is for informational purposes only and is not legal advice. We are not attorneys and nothing here creates an attorney-client relationship. Gun laws are complex, change frequently, and are interpreted differently across jurisdictions and individual fact patterns.
Before relying on any information on this page — to carry a firearm, purchase a firearm, travel across state lines, or respond to a self-defense situation — you should:
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