South Dakota Gun Laws in Plain English
In South Dakota, you can carry a gun (openly or concealed) without a permit as long as you are 18 or older and not a prohibited person. You can buy guns from private sellers without a background check, and there are no waiting periods or limits on what type of gun or magazine you can own. While you don't need a permit to carry inside the state, getting an Enhanced Permit allows you to skip background checks at stores and carry in more states. Be careful on Tribal lands and in federal buildings, where state laws do not apply.
Critical: South Dakota Gun Law Gotchas
These are the most important things to know that could get you arrested or charged with a crime:
- #1Tribal Lands (e.g., Pine Ridge, Rosebud) are sovereign nations; South Dakota's Constitutional Carry does NOT apply there. You can be arrested for carrying without a tribal permit.
- #2The Federal Gun-Free School Zones Act (18 U.S.C. § 922(q)) creates a 1,000-foot criminal zone around every school. Constitutional Carry does NOT exempt you from this federal crime; only a state-issued permit does.
- #3Possession of a firearm while using marijuana (even with a state medical card) is a federal felony under 18 U.S.C. § 922(g)(3).
- #4You cannot carry in county courthouses (SDCL § 22-14-23).
- #5While 'bar carry' is generally legal unless posted, carrying while intoxicated can still be prosecuted under general reckless handling statutes.
- #6Snowmobiles have specific transport rules; verify current hunting regulations before carrying loaded on a snowmobile.
- #7Federal buildings (Post Offices, VA facilities) are total no-go zones, including their parking lots.
- #8National Park Visitor Centers (e.g., at Mount Rushmore or Badlands) are federal buildings where carry is prohibited, even though carry is legal outside on the grounds.
- #9If you are 18-20, you can carry and buy privately, but you cannot buy a handgun from a federally licensed dealer (FFL).
- #10South Dakota's 'Stand Your Ground' law applies, but you must be in a place you have a right to be.
Read these carefully - they cover common mistakes that lead to felony charges.