Gun Laws in South Dakota
Explore comprehensive details about South Dakota's gun laws. Learn about permits, registration, assault weapon laws, magazine capacity restrictions, carry permits, and more. Stay informed about your rights and responsibilities as a firearm owner.
| Subject/Law | Long Guns | Hand Guns | Relevant Statutes | Notes |
|---|
| State permit required to purchase? | No | No | | South Dakota law provides for a Gold Card permit that allows people to skip the NICS check but it is not required to purchase firearms. It is also equivalent to a regular carry permit in terms of reciprocity. |
| Firearm registration? | No | No | | |
| Assault weapon law? | No | No | | |
| Magazine capacity restriction? | No | No | | |
| Owner license required? | No | No | | |
| Permit required for concealed carry? | N/A | No | SD 23-7-7 | South Dakota is a "shall issue" state for citizens and lawful permanent residents who are 18 years or older. Enhanced permits are issued to those 21 or older, and regular permits are issued to those 18 or older.
Permitless carry took effect on July 1, 2019. |
| Permit required for open carry? | No | No | | |
| Castle Doctrine/Stand Your Ground law? | Yes | Yes | SD 22-18-4 | "A person who uses or threatens to use force in accordance with this section does not have a duty to retreat before using or threatening to use force." |
| State preemption of local restrictions? | Yes | Yes | SD 7-18A-36
SD 8-5-13
SD 9-19-20 | No county, township, or municipality "may pass an ordinance that restricts or prohibits, or imposes any tax, licensure requirement, or licensure fee on the possession, storage, transportation, purchase, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components." |
| NFA weapons restricted? | No | No | | |
| Peaceable Journey laws? | No | No | | |
| Background checks required for private sales? | No | No | | |
Gun Laws by State: South Dakota
Understanding Gun Laws in South Dakota
When it comes to gun laws, every state has its own set of regulations. In this article, we will take a closer look at the gun laws in South Dakota. We'll cover everything from permits and registration to assault weapon laws and magazine capacity restrictions.
Permits and Registration
In South Dakota, no state permit is required to purchase either long guns or hand guns. This means that residents can purchase firearms without having to first obtain a permit from the state. However, it's worth noting that South Dakota does offer a Gold Card permit. While this permit is not required to purchase firearms, it does allow people to skip the National Instant Criminal Background Check System (NICS) check. The Gold Card permit is also equivalent to a regular carry permit in terms of reciprocity.
Furthermore, South Dakota does not require firearm registration. This means that once you've purchased a firearm, you are not required to register it with the state.
Assault Weapon Laws and Magazine Capacity Restrictions
South Dakota does not have an assault weapon law. This means that there are no specific restrictions on the possession, sale, or use of assault weapons in the state. Similarly, there are no magazine capacity restrictions in South Dakota. This means that there are no limits on the number of rounds a firearm's magazine can hold.
Owner License and Carry Permits
South Dakota does not require an owner license for either long guns or hand guns. This means that residents do not need a specific license to own a firearm.
When it comes to carrying firearms, South Dakota is a "shall issue" state for citizens and lawful permanent residents who are 18 years or older. This means that the state is required to issue a carry permit to any person who meets the legal requirements for obtaining one. Enhanced permits are issued to those 21 or older, and regular permits are issued to those 18 or older. It's also important to note that no permit is required for concealed carry in South Dakota. Permitless carry took effect on July 1, 2019. Similarly, no permit is required for open carry.
Castle Doctrine/Stand Your Ground Law
South Dakota has a Castle Doctrine/Stand Your Ground law. This law states that "A person who uses or threatens to use force in accordance with this section does not have a duty to retreat before using or threatening to use force." In other words, if you are in your home (your "castle"), you have the right to defend yourself and your property without the duty to retreat.
State Preemption of Local Restrictions
South Dakota has state preemption of local restrictions. This means that no county, township, or municipality may pass an ordinance that restricts or prohibits, or imposes any tax, licensure requirement, or licensure fee on the possession, storage, transportation, purchase, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components.
NFA Weapons and Peaceable Journey Laws
South Dakota does not restrict NFA (National Firearms Act) weapons. This means that weapons regulated under the NFA, such as machine guns, short-barreled rifles, and suppressors, are not specifically restricted in South Dakota. The state also does not have peaceable journey laws, which are laws that protect travelers who are passing through to another destination.
Background Checks for Private Sales
Finally, it's important to note that South Dakota does not require background checks for private sales of firearms. This means that private sellers are not required to conduct a background check on the buyer.
In conclusion, South Dakota has a relatively lenient approach to gun laws, with few restrictions on the purchase, possession, and carry of firearms. However, as with all laws, these are subject to change, so it's important to stay informed about the current regulations.
