South Dakota Constitutional Carry

South Dakota Constitutional Carry

South Dakota stands out as a constitutional carry state, offering freedom for gun owners. However, there are still important regulations to be aware of, especially when it comes to concealed carry permits. In this article, we will explore South Dakota’s gun laws, the different types of permits available, places where firearms are restricted, the application process for concealed carry permits, and the requirements you must meet to obtain one.

Overview of South Dakota Constitutional Carry Gun Laws

  1. Constitutional Carry in South Dakota: In South Dakota, constitutional carry allows individuals to carry firearms without a permit, as long as they are legally eligible to possess firearms. This means you can openly carry a firearm without needing a permit.
  2. Purchase of Firearms: For private individuals or gun show attendees, no gun permit, firearm registration, or NICS background check is required to purchase firearms. However, purchasing from a licensed dealer mandates all these checks.

Possession of Firearms in South Dakota

  1. Open Carry in South Dakota: If you are at least eighteen years old and not prohibited from possessing firearms, you can openly carry a firearm. If you have a firearm in your vehicle without a pistol permit, it must be visible at all times, though some locations have restrictions on open carry.
  2. Concealed Carry in South Dakota: Due to constitutional carry, a gun permit is not required for concealed carry. However, a concealed carry permit is still available for reciprocity reasons, allowing you to carry in states that do not recognize constitutional carry.
  3. Types of Gun Permits in South Dakota: South Dakota offers three types of gun permits – Regular, Gold Card, and Enhanced Permits. Regular permits allow concealed carry in some states, while Gold Card permits grant additional benefits, including skipping the NICS background check. Enhanced permits, requiring firearm training, offer the most extensive coverage.
  4. Reciprocity: South Dakota accepts gun permits issued by all states in the USA.
  5. Illegal Weapons: It’s crucial to note that the issued gun permits only cover legal firearms and not the possession of illegal weapons.
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Places Where Firearms are Restricted

  1. Schools: Concealed carry is prohibited in public secondary, preteen, and elementary schools, including school buildings and vehicles. The exception is for law enforcement agents or peace officers.
  2. Courthouses: Concealed carry is not allowed in any courthouse or during court proceedings.
  3. State Capitol Buildings: Except for enhanced permit holders who must provide notice, concealed carry is not permitted in state Capitol buildings.
  4. Businesses Selling Alcohol: Concealed carry is restricted in business organizations that predominantly sell alcohol.
  5. Sporting Events: Concealed carry is not allowed during professional sporting events.
  6. Churches: Concealed carry is prohibited in churches and during church events, except with permission from the authorities.
  7. Public Operations Venues: Concealed carry is not allowed in buildings and venues meant for public operations.
  8. Under the Influence: Concealed carry is not permitted if you are under the influence of alcohol or any intoxicating substance.
  9. Bingo Gaming Sites: Concealed carry is not allowed in bingo gaming sites.
  10. Game Refuges and Wildlife Management Areas: Concealed carry is prohibited in state game refuges and Wildlife Management Areas.
  11. Places Restricted by Federal Laws: Concealed carry is not allowed where federal laws prohibit firearm possession.

Application for South Dakota Concealed Carry Permits

  1. Background Check and Investigation: The sheriff runs a background check and criminal history investigation for Gold Card and Enhanced Permits.
  2. Temporary Permit: Once eligible, you will receive a temporary permit five days after applying.
  3. Validity and Renewal: The South Dakota permit is valid for five years, after which you must renew it.
  4. Appeal Process: If your application is rejected, you may appeal for a review at a circuit court in the state.
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Firearm Training for Enhanced Permits

  1. Requirements: If you want an Enhanced Concealed Carry Weapon (CCW) permit, you must complete a South Dakota concealed carry permit class, which must be done twelve months before applying.
  2. Course Outline: The course must cover gun laws, firearm safety, self-defense principles, and a live-fire session.

Costs for Gun Permits

  1. Regular Permit: $10
  2. Gold Card Permit: $70
  3. Enhanced Permit: $100
  4. Renewal Permit (Regular and Gold): Same as the original permit
  5. Renewal Permit (Enhanced): $50
  6. Fingerprinting: Additional $43.25 for Gold and Enhanced Permits.

Requirements for South Dakota Concealed Carry Permit

  1. Age Requirement: Eighteen years for Regular CCW, twenty-one for Gold and Enhanced licenses.
  2. Residency: Must be a resident of the county for at least thirty days, except for military personnel and their spouses.
  3. Citizenship: Must be a US citizen or a legal resident.
  4. No Felony Convictions: Must not have any felony or violent crime convictions.
  5. No Drug Addiction or Intoxication: Must not be a drug addict or live in an intoxicated condition.
  6. No Previous Violent Cases: Must not have any previous violent cases.
  7. Mental Impairment: Must not be mentally impaired or considered dangerous to self or others in the past ten years.
  8. No Firearm Violations: Must not have firearm violations or involvement in illegal firearm use, controlled substances, or any misdemeanor charges within the past five years.
  9. No Fugitive Status: Must not be a fugitive or have an arrest warrant.
  10. Meet Federal Requirements: Must meet all federal law requirements for concealed carry application in the USA.

Conclusion

South Dakota’s gun laws reflect the state’s commitment to constitutional carry, allowing citizens to carry firearms without a permit. However, concealed carry permits are still available for those who need reciprocity in other states. It’s essential to understand and abide by the regulations to ensure safe and responsible firearm possession.

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FAQs

Can I openly carry a firearm in South Dakota without a permit?

Yes, South Dakota allows constitutional carry, meaning you can openly carry a firearm without a permit if you are legally eligible to possess firearms.

Are concealed carry permits available in South Dakota?

Yes, South Dakota issues concealed carry permits for reciprocity reasons and to allow concealed carry in states that do not recognize constitutional carry.

What types of gun permits are available in South Dakota?

South Dakota offers Regular, Gold Card, and Enhanced Permits. Each type provides different benefits and coverage.

Where is concealed carry prohibited in South Dakota?

Concealed carry is prohibited in places such as schools, courthouses, state capitol buildings, and businesses selling alcohol.

Is South Dakota a constitutional carry state?

Yes, South Dakota is a constitutional carry state that allows permitless concealed carry within its borders. South Dakota enacted constitutional carry legislation in 2019.

Does South Dakota have constitutional carry?

Yes, South Dakota allows constitutional carry. This means any resident or non-resident who is legally eligible to possess firearms may carry them concealed in public without needing to obtain a permit.

Can you conceal carry in South Dakota?

Yes, you can legally conceal carry firearms in South Dakota without needing to get a concealed pistol permit. This applies to both South Dakota residents as well as non-residents as long as they legally own the firearm. There are no permits required for concealed carry due to the state’s constitutional carry law.

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