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South Dakota Constitutional Carry

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South Dakota is a constitutional carry state. It is also a shall-issue or shall carry state and if you meet all requirements for the possession of a firearm and application of a gun permit, you will be issued a permit. Local county sheriffs are in charge of issuing a gun permit in South Dakota.

For the purchase of firearms for a private individual in the state, or a gun show, you do not require a gun permit, firearm registration, or the completion of a NICS background check. However, all of these are mandatory when purchasing a firearm from a licensed dealer in the state.

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Possession of Firearms in South Dakota

South Dakota gun laws do not require you to have a permit before you can open carry in the state. If you are at least eighteen years old without a federal or state prohibition, you can open carry. If you do not have a pistol permit in South Dakota, and you have your firearm with you in a vehicle, the firearm must be visible at all times. However, there are some parts of South Dakota where you are not allowed to open carry firearms.

Because of constitutional carry in South Dakota, you also do not need a gun permit to conceal carry a firearm. But the state will still issue a concealed carry permit due to reciprocity reasons, in case you need to possess firearms in states that do not allow constitutional carry.

Only residents of South Dakota and members of the military stationed for official duty in the state can apply for a concealed carry license.

South Dakota issues 3 types of gun permits. They are Regular, Gold Card, and Enhanced Permits. Regular permits in South Dakota will allow you to conceal carry in some states. Gold card permits will cover all benefits of a regular permit, and in addition make your skip the NICS background check when you want to purchase a firearm from a federally licensed dealer. The gold permit will also exempt you from purchase waiting periods. To get an enhanced permit, you need to pass firearm training. An enhanced permit will cover all the benefits of regular and gold permits, and it will allow you concealed carry firearms in an additional seven states than the initial permits.

In terms of reciprocity, South Dakota will accept gun permits issued by every state in the USA.

All the types of gun permits issued by South Dakota are only for guns and firearms, and they do not cover the possession of illegal weapons.

Places Where You Cannot Possess Firearms in South Dakota

Even though South Dakota is a constitutional carry state, you are not allowed to possess firearms in certain locations, except if you are a law enforcement agent or a peace officer. If found with a firearm in any of these places you could be arrested.

  • You are not allowed to conceal carry in a public secondary, preteen, and elementary school, and this includes all buildings in these schools and vehicles used by schools.
  • You are not allowed to conceal carry in any courthouse in the state and during court proceedings.
  • You are not allowed to conceal carry in places like state capitol buildings. An exception to this is holders of an enhanced permit who must provide a twenty-four hours’ notification before they conceal carry in these locations.
  • You cannot conceal carry in a business organization that sells alcohol if it warrants more than half of the income..
  • You are not allowed to conceal carry during professional sporting events.
  • You are not allowed to conceal carry in churches or during church events, except you have permission from those in charge.
  • You are not allowed to conceal carry in buildings and venues meant for public operations.
  • You are not allowed to conceal carry in any place if you are under the influence of alcohol or any other intoxicating substance.
  • You are not allowed to conceal carry in bingo gaming sites.
  • You are not allowed to conceal carry in state game refuges and Wildlife Management Areas.
  • You are not allowed to conceal carry in places where federal laws of the state prohibit the possession of firearms.

Application for South Dakota Concealed Carry Permits

After you have applied for a gun permit in South Dakota, the sheriff will run a background check and criminal history investigation to prove that you are eligible to apply for a permit. This process will be completed for only a gold card and an enhanced permit.

If you meet all the requirements to apply for a gun permit in South Dakota, you will first get a temporary permit that will be issued 5 days after you submit the application.

Your South Dakota permit will be valid for a period of 5 years after which you have to renew the permit. You will keep using the temporary permit until an original one is being issued. If your permit application is rejected, you may appeal for a review at a circuit court in the state.

If you want an enhanced CCW permit, you must complete a South Dakota concealed carry permit class. This must be done twelve months before the application. For other types of permits in South Dakota, firearm training is not an application requirement.

However, it is advisable for all concealed firearm holders to still enroll for training. This could be an approved South Dakota concealed carry permit online course and you should make sure that a state-certified instructor is in charge of the training.

Visit your county sheriff’s office to apply for a provisional application. If it is a gold card or an enhanced permit, then you have to provide your fingerprints too. Note that the fingerprint will carry a separate payment for the criminal record background check.

The local sheriff will issue you a temporary card within five days of your concealed carry permit application. After about seven days of application, your local sheriff will send a copy of your form to the state secretary who will be in charge of issuing you an official permit.

A firearm training is compulsory if you are applying for a South Dakota Enhanced permit.

A South Dakota concealed carry permit class must include the following in their course outline:

  • Gun laws in the state, having to do with the use and possession of firearms, and use of force according to castle doctrine.
  • The basic principles of firearm safety and how to handle a gun responsibly.
  • Basics of self-defense according to the castle doctrine policy.
  • A live-fire session with at least ninety-eight shooting rounds of ammunition completed by the applicant.

Note that only firearm training under a state-certified instructor is valid for the South Dakota concealed carry permit application.

The price for a regular permit in South Dakota is ten dollars, gold cards cost seventy dollars, and enhanced permit costs one hundred dollars. The renewal permit price is the same for both regular and gold permit, except enhanced permit that will cost fifty dollars.

Apart from these costs, you will pay an additional forty-three dollars and twenty-five cents for fingerprints while applying for gold or enhanced permits.

Requirements for South Dakota Concealed Carry Permit

Before you apply for any of the three South Dakota concealed carry licenses, you must meet all the state requirements for permit application. Missing out on at least one of the requirements will lead to a denied application. The requirements cover regular, gold cards and enhanced permits.

  • You must meet the age requirement of eighteen for a regular CCW permit, and twenty-one for gold and enhanced license.
  • You must be a resident of the local country where you are making a South Dakota concealed carry permit application for at least thirty days. The only exception to this is members of the military posted to the state and their spouses.
  • You must be a citizen of America or reside legally in the country.
  • You must not be guilty or a convict of any felony or crime that has to do with violence.
  • You must not be a drug addict or live in an intoxicated condition.
  • You must not be previously involved in any violent case.
  • You must not be mentally impaired or adjudged to be dangerous to yourself or others for ten years before South Dakota concealed carry permit application.
  • You must not have any firearm violation or involvement in the illegal use of firearms, controlled substances, or any misdemeanor charge, five years before CCW application in South Dakota.
  • You must not be a fugitive or have an arrest warrant in your name.
  • You must meet all federal law requirements for Concealed carry application in the USA.

Is Constitutional Carry Permitted in All Parts of South Dakota?

South Dakota gun law states that no municipality or county in the state may enact a law that regulates or restricts ammunition and firearms transportation, transfer, manufacturing, repair, and sales. Any such ordinance from a political subdivision of the country will remain void.

This means that constitutional carry is the same in every part of the state.

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