South Dakota is a constitutional carry state that encourages the second amendment.
However, there are still restrictions on locations and types of firearms in the state.
To open carry in South Dakota, you need to learn about the relevant state gun statutes.
South Dakota Gun Laws Summary
South Dakota issues concealed carry permits for firearm possession in and out of the state.
It has three types of permits. They are regular, gold, and enhanced permits. Each of these permits has its advantage and specificity.
South Dakota is a shall-issue state with permit application reviewed by the office of a sheriff in a local county.
The state does not issue purchase permits to buy firearms, but the criminal record background check is compulsory.
- Recommended Reading: South Dakota Gun Laws
Is Open Carry Legal In South Dakota?
Yes. You can open carry in South Dakota if you are eighteen years old or more, and do not have any state or federal prohibition to make use of firearms.
Open Carry Laws In South Dakota
South Dakota is a permissive open carry state, and you do not need a permit to carry firearms openly.
The state also restricts some firearms like machine guns, semi-automatic guns, and related weapons. Devices like silencers are also prohibited.
Only law enforcement officers, military members, and federally licensed individuals can make use of these firearms.
South Dakota Open Gun Laws Quick View
|State permit for open carry.||No||No||South Dakota does not require a permit for open carry of firearms in the state|
|Firearm registrations for open carry.||No||No||There are no state statutes that require the registration of firearms for either open or concealed carry in the state.|
|Assault weapon for open carry.||No||No||South Dakota does not permit the use of assault weapons like machine guns, semi-automatic firearms, except they are federally licensed|
|Magazine limit||No||No||The state does not have any limit for the number of fire rounds in a magazine for firearms.|
|License for the owner of a firearm.||Not required||Not required||There are no requirements to own a license for firearms in the state.|
|Red flag law||No||No||The state gun laws do not mention red flag laws or the issuance of extreme risk protection orders.|
|Castle doctrine law||Yes||Yes||South Dakota is a castle doctrine state with a stand your ground policy in personal properties and places where you have legal rights to protect.|
|Background check for private dealers||No||No||There are no state requirements for private dealers of firearms to complete a criminal record background check before selling guns.|
|Preemption||Yes||Yes||South Dakota is a preemption gun law state with the government reserving all rights to regulate the use of firearms within its jurisdiction. Local municipalities must not violate these laws|
|Concealed carry permit.||No||Yes||South Dakota issues concealed carry permits that are also legal for firearm possession in other states.|
|Concealed carry in personal vehicle||No||Yes||You can conceal carry firearms in your vehicle.|
|Open carry in Schools||No||No||Open carry and possession of firearms are not allowed in schools, colleges, universities, technical institutions, and their facilities.|
Where Is It Legal To Open Carry In South Dakota?
Open carry and possession of firearms in South Dakota is legal in the following parts of the state:
- Restaurants and bars: You can open carry and possess firearms in the eatery area as long as there is no post prohibiting the possession of firearms in the place.
- Personal vehicle: You can open carry in a private car as long as you keep the firearm in sight.
- Personal place of business: You can open carry in your own business, dwelling place, or any property owned and occupied by lease or rent.
- Roadside areas: You can open carry and possess firearms in roadside areas of the state.
- State forests and parks: You can open carry in forests and parks as well as wildlife management areas.
- Places of worship: You can possess firearms in places of worship, except there is a prohibition by the governing body of the place.
Where Is It Illegal To Open Carry In South Dakota?
South Dakota gun laws prohibit the open carry of firearms in the following parts of the state:
- Schools: You cannot open carry in schools, primary and elementary, as well as colleges and universities.
- Courthouses: You can open carry and possess firearms in any state court or county courthouses.
- Bars: You cannot open carry in bars or any place licensed for the sales of alcohol in the state, where it generates more than half of their income.
- Prohibited areas: You cannot open carry in areas prohibited by gun laws of the state.
FAQs About Open Carry South Dakota
South Dakota open carry most frequently asked questions that you must know include the following:
Do I Need A Permit To Open Carry In South Dakota?
No. South Dakota does not issue permits for the open carry of firearms in the state.
Must I Obtain A Permit For Concealed Carry In South Dakota?
No. It is not compulsory to have a concealed carry permit before you conceal carry firearms in South Dakota because the state is a constitutional carry state.
However, if you need permits to conceal carry in other states, you can apply for South Dakota concealed carry permits.
How Many Types Of Concealed Carry Permits Does South Dakota Issue?
South Dakota issues three types of concealed firearms permits, namely, Regular permits, Gold permits, and enhanced permits.
With a regular permit, you can conceal carry in some states that have reciprocity with South Dakota.
With a Gold permit, you have an extra advantage of using it as a purchase permit. If you want to buy firearms, you will not have to undergo criminal background checks.
You can use an enhanced permit to conceal carry in six more states than a regular permit, and it also exempts you from the criminal record background check.
Also, enhance permits holders can conceal carry in more places in the state than holders of regular and gold permits.
What Is The Age For Open Carry In South Dakota?
To open carry in South Dakota, you must be at least eighteen years old.
What Is South Dakota Age Requirement For Concealed Carry In The State?
To conceal carry in South Dakota, you must be of the minimum age requirement of twenty-one.
At What Age Can I Apply For South Dakota Concealed Carry Permit?
You must be at least twenty-one years old to apply for gold or enhanced permits, and eighteen years old for the regular permits.
Does South Dakota Have A Red Flag Law?
No. The state gun statutes do not mention anything about red flag law or the issuance of extreme risk restriction order or firearms.
Can A Non-resident Apply For South Dakota Concealed Carry Permit?
No. The permit is only available for residents, members of the United States Armed Forces posted to the state, and their spouses.
Is Constitutional Carry Permitted In South Dakota?
Yes, South Dakota is a constitutional carry state.
Does South Dakota Permit The Open Carry Of Knives In The State?
Yes. South Dakota permits both open and concealed carry of knives in the state, as long as the intention is not to use them for a felony or any other unlawful act.
However, the state bans the possession of knives and other dangerous weapons in places like schools and courthouses.
Local municipalities may also enact laws to restrict the possession and use of knives and deadly weapons in their territory.
Does South Dakota Have Restrictions For Firearms In The State?
Yes. The state restricts weapons like machine guns, short shotguns, and devices like silencers.
Those that the law exempt from these are:
- Law enforcement officers and members of the US military using such firearms during regular duties.
- Those with the required license to use such firearms and registered them with the appropriate authority.
- Anyone that possesses the firearm just after taking it from an attacker during self-defense.
Do I Need A Permit To Buy Firearms In South Dakota?
No, the state does not issue a purchase permit to buy firearms.
Is Criminal Record Background Check Compulsory For Firearm Purchase In South Dakota?
Yes, if you are buying your firearm from a state or federally licensed dealer in South Dakota, then it is compulsory to undergo the criminal record background check.
However, private dealers of firearms in the state are under no obligation to complete this check.
Furthermore, if you have either a gold or enhanced concealed carry permit, you do not have to go through a check to buy firearms in the state.
When Will South Dakota Concealed Carry Permit Expire?
All South Dakota firearm permits are valid for five years, after which you have to apply for a renewal or forfeit it.
When Can I Apply For A New South Dakota Concealed Carry Permit?
You can start your renewal application ninety days before your permit expires, and you have a grace till thirty days after the permit expires.
Do I Have A Duty To Inform Law Enforcement Officers About My Possession Of Firearms In South Dakota?
No, South Dakota gun laws do not obligate anyone to inform a law enforcement officer about possession of firearms when they come across one.
Is Castle Doctrine Policy Available In South Dakota?
Yes, you have no duty to retreat and can stand your ground during an attack on your property or any place where you have legal rights to protect in the state.
Does South Dakota Permit The Use Of Deadly Force During Self Defense?
Yes, you can make use of deadly force to stop or prevent an attack that can lead to severe bodily harm or imminent death.
However, you must not be the initial aggressor or invoker of the attack.
Must I Undergo A Firearm Training Before Applying For South Dakota Concealed Carry Permit?
You only need to undergo training for the application of an enhanced permit. The training must include the following:
- Safety on the use of firearms according to South Dakota gun laws.
- Self-defense principle.
- A live fire-session.
Also, the training must be state-licensed and conducted by a certified firearm instructor.
What Is The Age Requirement To Purchase Firearms In South Dakota?
The minimum age requirement to buy a firearm in South Dakota is eighteen years old.
Is Registration Of Firearms A Requirement In South Dakota?
No, South Dakota gun laws do not require you to register a firearm after purchase.
Relevant Open Carry Laws And Legislature In South Dakota
South Dakota gun laws relating to open carry in and use of firearms in the state include:
South Dakota has preemption gun laws in the state.
On the sixth of March twenty-nineteen, the state government further strengthened preemption laws in South Dakota.
Any county, city, or municipality in South Dakota that adopts or enforces gun laws violating the state’s preemption order will get injunctive relief from the attorney general of the state.
Brandishing Of Firearms
South Dakota prohibits unlawful brandishing and the use of firearms in the state.
Anybody that purposely uses a firearm to threaten public safety, or against another person with the risk of causing violence is guilty of improper conduct and may face prosecution.
Exceptions to this are the legal use of firearms and using firearms for self-defense.
Open Carry While Hunting
It is legal to open carry while hunting in South Dakota, and this also includes bow hunting.
But you cannot use your firearm to take animals while bow hunting.
South Dakota also has hunter harassment laws.
- Nobody shall deliberately disturb a person or group of people taking part in a legal hunting activity in any wildlife or aquatic habitat.
- Nobody shall harass or try to harass anybody legally trying to hunt wildlife or fishes.
- Nobody shall take part in any activity in wildlife areas that disturb or impact games hereby, making it difficult to hunt them.
- Landowners may not misconstrue any section of this law in such a way that they prevent hunters from hunting on lands where they previously gave permissions.