South Dakota Gun Laws

South Dakota Gun Laws

South Dakota, with a population of over 903,000, boasts a robust concealed carry program that includes constitutional carry, a variety of permit options, and reciprocity agreements with 38 other states. This article provides an in-depth exploration of South Dakota’s concealed carry laws, permit options, reciprocity agreements, and other important considerations for gun owners. Whether you’re a resident or planning to visit, understanding South Dakota’s concealed carry laws is essential for responsible gun ownership.

Overview of South Dakota Gun Laws

South Dakota is known for its firearm-friendly environment, allowing residents and military personnel to obtain concealed carry permits. However, these permits are exclusively available to residents of the state. There are three types of permits: Regular, Gold, and Enhanced. While the Regular and Gold permits have certain reciprocity agreements, the Enhanced permit offers broader reciprocity coverage. It requires completion of a training course, and upon application submission, a temporary permit is issued until the final one arrives via mail.

South Dakota Gun Laws for Felons

South Dakota prohibits convicted felons from legally owning, possessing, or carrying any firearms, concealed or openly. Felons face criminal charges for unlawful weapon possession. Certain felony domestic violence also triggers lifetime federal gun prohibitions regardless of state restoration processes.

South Dakota Gun Laws for Non-Residents

Visitors to South Dakota who can legally own firearms in their home states can carry permitted concealed weapons reciprocally or carry concealed without permits just as South Dakota residents do per constitutional/permitless allowances. They must continue obeying all other lawful regulations and restrictions while traveling in SD.

South Dakota Gun Laws for Travelers

Transporting permitted firearms through South Dakota while traveling follows similar laws allowing concealed/open carry for residents and visitors. Weapons should remain properly stored and stowed when not on your person while traveling by vehicles or common carriers like trains and buses. Strict federal laws govern air travel firearms.

See also  South Dakota Concealed Carry Weapon (CCW)

Concealed Carry Permit Options

  1. Regular Permit: This permit is the standard option for concealed carry. It has reciprocity agreements with several states.
  2. Gold Permit: Similar to the Regular permit, the Gold permit also offers reciprocity but with additional states.
  3. Enhanced Permit: The Enhanced permit provides the most extensive reciprocity agreements. To qualify, applicants must complete a training course.

Quick Facts About South Dakota Gun Laws

  • Constitutional Carry: South Dakota became a constitutional carry state in 2019, allowing individuals to carry concealed without a permit.
  • Open Carry Permitted: Individuals 18 or older, legally able to own a firearm, can openly carry without a permit.
  • Carrying in a Vehicle: Individuals 18 or older, legally allowed to own a firearm, can carry concealed in their vehicle without a permit.
  • Carrying in State Parks: Concealed carry is allowed in state and national parks within South Dakota without a permit.
  • Carrying in Restaurants: Concealed carry is permitted in restaurants but not in bars or the bar section of a restaurant.
  • No Weapon Sign Enforcement: No specific law enforces “No Weapons” signs; they don’t hold the force of law unless mentioned in restricted areas.
  • Officer Notification Requirement: While South Dakota doesn’t impose a duty to inform law enforcement, truthfully answering if asked is required.

South Dakota CCW Reciprocity List

States Honoring CCW

Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming

(All marked with * have restricted reciprocity with South Dakota)

See also  South Dakota Hunting

States Not Honoring CCW

California, Connecticut, Hawaii, Illinois, Maryland, Massachusetts, New Jersey, New Mexico, New York, Oregon, Rhode Island, Washington D.C

Honors Theses States’ CCW Permits

Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Washington D.C, West Virginia, Wisconsin, Wyoming

How Reciprocity Works in South Dakota

Individuals possessing a concealed carry permit from a reciprocal U.S. state can legally carry a firearm in South Dakota, following the state’s firearm guidelines. While within the state, they must adhere to local and state laws.

Places Where CCW is Allowed in South Dakota

Allowed Places

  • State parks
  • State and national forests
  • Roadside rest areas
  • Vehicle
  • Person’s home, owned/rented land, or place of business
  • State Capitol Building

Restricted Places

  • Establishments with over 50% alcohol sales
  • County courthouses
  • Elementary or secondary school premises
  • Snowmobiles (firearm must be unloaded and enclosed)
  • Game preserves or refuges
  • Areas prohibited by Federal Law

Concealed Carry Laws in South Dakota

  • Open Carry: Legal without a permit/license.
  • Carry-in Vehicle: Legal for those 18 and older, with no permit required.
  • Carry in State Parks: Allowed in state parks, forests, WMAs, and roadside rest areas.
  • Carry-in Restaurants: Allowed in restaurants but not bars or the bar section.
  • Constitutional Carry: Not considered constitutional carry.
  • No Weapon Signs Enforced: No legal penalties for entering properties with “No Weapons” signs.
  • Must Notify Officer: No requirement to notify law enforcement of carrying a firearm.
See also  South Dakota Open Carry

Conclusion

South Dakota’s concealed carry laws offer a range of options for residents and visitors alike. From constitutional carry to reciprocity agreements with numerous states, South Dakota maintains a firearm-friendly environment while prioritizing responsible gun ownership.

FAQs;

Q1. Can non-residents apply for a concealed carry permit in South Dakota?

No, concealed carry permits are exclusively for residents and military personnel stationed in South Dakota.

Q2. Is there a minimum age requirement for obtaining a concealed carry permit?

Yes, you must be at least 18 years old to apply for a concealed carry permit.

Q3. Can I carry my firearm in a state park in South Dakota without a permit?

Yes, concealed carry is permitted in state parks without a permit.

Q4. Is it legal to carry a gun in South Dakota?

Yes, South Dakota is a concealed/constitutional carry state allowing law-abiding residents to carry concealed guns without any permit. As long as they legally own the firearm, responsible adults may carry concealed pistols and revolvers almost anywhere within South Dakota without licenses. Certain sensitive places still prohibit weapons.

Q5. Does South Dakota have a stand-your-ground law?

Yes, South Dakota is a “Stand Your Ground” state for self-defense shootings by lawful civilians. Its laws provide civil and criminal immunity protections for lawfully defending yourself or others from threats or attacks, even in public spaces, without requiring retreat whenever possible. This can influence concealed carry rules.

Q6. Are “No Weapons” signs legally binding in South Dakota?

No, these signs don’t have the force of law unless mentioned in restricted areas defined by the law.

Q7. Can I carry a concealed firearm in a restaurant that serves alcohol?

Yes, you can carry in restaurants, but not in bars or the bar section of a restaurant.

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