South Dakota

South Dakota Regular Permit

• Duration: Five years from the date of issuance (SDCL 23-7-8.2)
• Requirements: (SDCL 23-7-7.1)
  • Is eighteen years-of age or older;
  • Has never pled guilty or nolo contendere or been convicted of a felony or a crime of violence, as defined in SDCL 22-1-2(9);
  • Is not habitually in an intoxicated or drugged condition;
  • Has no history of violence;
  • Has not been found in the previous ten years to be a "danger to others" or a "danger to self" as defined in SDCL 27A-1-1 or is not currently adjudged mentally incompetent;
  • Has physically resided in and is a resident of the county where the application is being made for at least thirty days immediately preceding the date of the application;
  • Has no pending charges or previous violations of SDCL Chapters 23-7- Firearms Control, 22-14- Unlawful Use of Weapons, or 22-42 - Controlled Substances and Marijuana, that constitute a felony or misdemeanor in the five years preceding the date of application;
  • Is a citizen or legal resident of the United States; and
  • Is not a fugitive from justice.
  • Completion of background investigation.

Renewal Process: (SDCL 23-7-8.11)
The holder of the regular permit to carry a concealed pistol may renew the permit through the sheriff of the county where the holder resides for a period beginning 90 days before the permit expires. The holder shall pass a background investigation, including a computer check of available online records and the National Instant Criminal Background Check, required under §23-7-7 prior to the renewal of the permit.

South Dakota Enhanced Permit

• Duration: (SDCL 23-7-55) An enhanced permit to carry a concealed pistol is valid for five years and is only valid if carried with a government issued form of identification that includes a picture of the permit holder.
• Requirements: (SDCL 23-7-53)
  1. Same as Regular Permit (SDCL 23-7-7.1), in addition;
  2. A copy of the applicant's fingerprints for submission to the FBI, and any governmental agency or entity authorized to receive such information, for a state, national, and international criminal history background check;
  3. An authorization to run a fingerprint background check;
  4. Proof the applicant:
     1. has successfully completed a qualifying handgun course as defined in SDCL 23-7-58 within the preceding twelve months; or
     2. is a current or former South Dakota law enforcement officer that has, in the preceding twelve months, qualified or requalified on a certified shooting course administered by a firearms instructor approved by the Law Enforcement Officers Standards Commission.

• Qualifying Handgun Course: (SDCL 23-7-58) A qualifying handgun course is any handgun course that is taught by a National Rifle Association certified instructor who also holds a current certificate of completion from the South Dakota Division of Criminal Investigation on the use of force. The qualifying handgun course must include instruction in each of the following:
  • South Dakota law relating to firearms and the use of force;
  • The basic concepts of the safe and responsible use of handguns;
  • Self-defense principles; and
  • Live fire training including the firing of at least ninety-eight rounds of ammunition by the student.

• Renewal Process: (SDCL 23-7-56)
  1. A person who holds an enhanced permit to carry a concealed pistol may renew the permit through the sheriff of the county in which the person resides. The period for renewal begins 365 days before the permit expires and ends thirty days after the permit expires.
  2. In order to renew an enhanced permit a person shall:
     1. Pass a criminal background check consisting of a computer check of available online records and a National Instant Criminal Background Check; and
     2. Present proof that:
        1. During the period for renewal, as set forth in this section, the person:
           1. Successfully completed the live fire component of a qualifying handgun course defined in §23-7-58;
           2. Received instruction regarding the use of force standards; and
           3. Received instruction regarding relevant criminal statutory changes; or
        2. The person is a current or former law enforcement officer who, within the twelve-month period preceding the date of the expiration, qualified or requalified on a certified shooting course administered by a firearms instructor approved by the Law Enforcement Officers Standards Commission.
  3. If a person fails to renew an enhanced permit to carry a concealed pistol during the period set forth in this section, the permit is deemed to be invalid. In order to obtain an enhanced permit thereafter, the person shall submit an application and meet all requirements set forth in §23-7-53.

Restricted Enhanced Permit

• SDCL 23-7-54.2: Age requirement for enhanced permit--Temporary restricted enhanced permit for individuals age eighteen to twenty.
  1. Notwithstanding any other law, the age requirement for the enhanced permit is for twenty-one years of age or older.
  2. Any applicant between eighteen to twenty years of age, inclusive, who meets the requirements of §23-7-53 and §23-7-54 and any other specified requirements and qualifications and upon the approval from the sheriff of the county where the applicant submitted the application shall be issued a temporary restricted enhanced permit that clearly designates the restricted enhanced permit is for individuals eighteen to twenty years of age, inclusive.
• SDCL 23-7-54.3: New temporary restricted enhanced permit substituted for permit issued between July 1, 2015 and March 9, 2018. Any individual between eighteen and twenty years of age, inclusive, holding an enhanced concealed carry permit, issued between July 1, 2015, and March 9, 2018, shall be issued a new temporary restricted enhanced permit that designates the permit is for individuals eighteen to twenty years of age, inclusive.
• SDCL 23-7-54.4: Request for unrestricted enhanced permit upon reaching age twenty-one.A person holding an unexpired restricted enhanced permit who has reached the age of twenty-one may submit a written request to the secretary of state for an unrestricted enhanced permit. The unrestricted enhanced permit shall be issued at no additional cost.

South Dakota Gold Card Permit

• Duration: Five years from the date of issuance. (23-7-63)
• Requirements: (SDCL 23-7-60)
  1. Same as Regular Permit (SDCL 23-7-7.1), in addition to;
  2. Contact your county sheriff to have your fingerprints taken.

• Renewal process
  1. A person who holds a gold card permit to carry a concealed pistol may renew the permit through the sheriff of the county in which the person resides. The period for renewal begins 180 days before the permit expires and ends 30 days after the permit expires.
  2. In order to renew a gold card permit, a person shall pass a criminal background check consisting of a computer check of available online records and a National Instant Criminal Background Check.

South Dakota Permit Application Process

Applications are accepted at the Sheriff’s office of the county the applicant resides in.

The applicant for a permit shall complete the Application for a Temporary Permit to Carry a Concealed Pistol form. The information required for the permit includes: the applicant's complete name, address, occupation, place and date of birth, physical description, a statement that the applicant has never pled guilty or nolo contendere or been convicted of a felony or crime of violence, a sworn statement that the information on the application is true and correct, and the applicant's signature (SDCL 23-7-8).

Providing false information or false evidence of identity in applying for a permit to carry a concealed pistol is a Class 6 felony punishable by up to two years imprisonment in the state penitentiary or a fine of two thousand dollars, or both.

The sheriff will issue a regular temporary permit within five days from the date of application (SDCL 23-7-7.1). Because of the fingerprint background investigation required for an enhanced permit, the issuance of the enhanced temporary permit may take longer.

Within seven days after the regular or enhanced temporary permit has been issued, the sheriff shall send a copy of the application to the Secretary of State's Office, who will issue the official permit. (SDCL 23-7-8).

A permit is valid for 5 years. There are no longer fees for applying nor for renewing.

The issuance of a permit to carry a concealed pistol under this chapter does not impose a general prohibition on the carrying of a pistol without a permit.Be aware carrying a firearm without a permit can lead to some unanticipated legal complications. For example, you will still be subject to the Federal Gun Free School Zone Act (1,000 ft from any K-12 school).

S.D. Codified Laws § 23-7-7

South Dakota law:No county 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. Any ordinance prohibited by this section is null and void. The attorney general shall send a cease and desist order to any county that passes or enforces an ordinance in violation of this section. If the county fails to comply with the order, the attorney general shall bring an action in the name of the state for injunctive relief against any county that has passed an ordinance in violation of this section. A court shall grant any person charged with a violation of an ordinance prohibited under this section reasonable costs, expenses, and attorney's fees. This section does not apply to any generally applicable zoning ordinance, building regulation, or fire code so long as the ordinance, regulation, or code is not used to circumvent the prohibition under this section.

S.D. Codified Laws § 7-18A-36

South Dakota allows private-party firearm transfers. However, federal law still applies. Therefore, it is unlawful to sell/give a firearm to anyone who:

1. You know is under the age of 18
2. You know is prohibited from owning a firearm under state/federal law
3. Resides in a state other than South Dakota

South Dakota has no laws restricting the ammunition capacity of magazines.

South Dakota law:In addition to the federal prohibited areas, a person may not carry a handgun, openly or concealed, in any:

• County courthouse (S.D. Codified Laws §22-14-23)
• Elementary or secondary school premises, including school vehicles or buildings (S.D. Codified Laws §13-32-7)
• Licensed on-sale malt beverage or alcoholic beverage establishment that derives over one-half of its total income from the sale of malt or alcoholic beverages. (S.D. Codified Laws §23-7-8.1)

South Dakota Schools Any person who intentionally carries, possesses, stores, keeps, leaves, places, or puts into the possession of another person, any dangerous weapon, firearm, or air gun, whether or not the firearm or air gun is designed, adapted, used, or intended to be used primarily for imitative or noisemaking purposes, on or in any public elementary or secondary school premises, vehicle, or building, or on or in any premises, vehicle, or building used or leased for public elementary or secondary school functions, whether or not any person is endangered by any action under this section, is guilty of a Class 1 misdemeanor.

This section does not apply to an individual who:

1. Is twenty-one years of age or older;
2. Holds an enhanced permit to carry a concealed pistol, issued in accordance with chapter 23-7; and
3. Has written permission from the principal of the school or other person who has general control and supervision of the building or grounds;

S.D. Codified Laws § 13-32-7

South Dakota law:
South Dakota is a traditional open carry state, which means there are no laws explicitly prohibiting, or allowing, open carry. As such, open carry is generally legal in South Dakota and no permit is required or available for open carry.No permit is required to openly carry a handgun in a vehicle so long as any part of the handgun is visible. "It is my opinion that Legislature did not intend to require a license or a permit to carry a handgun in a vehicle if any part of the firearm is capable of being seen. Therefore the criminal sanctions...do not apply unless the handgun is truly "concealed." If the firearm is "concealed" within a motor vehicle and thus completely incapable of being seen! the carrier must either have a license or permit."

Attorney General Larry Long, memo RM. 06.04.04

In South Dakota, no-weapons signs do not have the force of law.

South Dakota law:Any person who has in their personal possession a loaded firearm while intoxicated is guilty of a Class 1 misdemeanor.

S.D. Codified Laws § 22-14-7

South Dakota law does not address the issue of transporting a firearm in a vehicle.

South Dakota does not have any laws specifically related to how firearms must be stored.

South Dakota has no known duty to inform laws, which means you are under no legal obligation to affirmatively inform an officer of the presence of your firearm.As with any interaction with law enforcement, we encourage you to be respectful and courteous, while also preserving your constitutionally protected privacy rights in the manner you deem prudent.

South Dakota does not have Emergency Risk Orders ("Red Flag Laws).

South Dakota law:Force in Defense of PersonA person is justified in using or threatening to use force, other than deadly force, against another if the person reasonably believes that using or threatening to use force is necessary to defend against the other's imminent use of unlawful force.

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.

S.D. Codified Laws § 22-18-4

Deadly Force in Defense of Person A person is justified in using or threatening to use deadly force if the person reasonably believes that using or threatening to use deadly force is necessary to prevent imminent death or great bodily harm to himself, herself, or another, or to prevent the imminent commission of a forcible felony.

A person who uses or threatens to use deadly force in accordance with this section does not have a duty to retreat and has the right to stand his or her ground, if the person using or threatening to use the deadly force is:

1. Not engaged in a criminal activity; and
2. In a place where the person has a right to be.

S.D. Codified Laws § 22-18-4.1

A person is justified in using or threatening to use deadly force if the person reasonably believes that using or threatening to use deadly force is necessary to prevent imminent death or great bodily harm to himself, herself, or another, or to prevent the imminent commission of a forcible felony.

S.D. Codified Laws § 22-18-4.1

South Dakota law:A person who is in a dwelling or residence, in which the person has a right to be:

1. Has no duty to retreat;
2. Has the right to stand his or her ground; and
3. Has the right to use or threaten to use:
   1. Force against another, if the person reasonably believes that using or threatening to use force is necessary to defend himself, herself, or another against the imminent use of unlawful force; and
   2. Deadly force, if the person reasonably believes that using or threatening to use deadly force is necessary to prevent imminent death or great bodily harm to himself, herself, or another, or to prevent the imminent commission of a forcible felony.

S.D. Codified Laws § 22-18-4.2

South Dakota Reasonable Fear

A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm, to himself, herself, or another, when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm if:

1. The person against whom the defensive force was used or threatened:
   1. Was in the process of unlawfully entering a dwelling, residence, or occupied vehicle;
   2. Had unlawfully entered, a dwelling, residence, or occupied vehicle; or
   3. Had removed or was attempting to remove another against the other's will from a dwelling, residence, or occupied vehicle; and
2. The person who uses or threatens to use defensive force knew or had reason to believe that an unlawful entry or an unlawful and forcible act was occurring or had occurred.

A person who unlawfully enters or attempts to enter a person's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.

S.D. Codified Laws § 22-18-4.3 and 22-18-4.5

Reasonable Fear Exceptions

The presumption set forth in § 22-18-4.3 does not apply if:

1. The person against whom the defensive force is used or threatened:
   1. Has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, including as an owner, lessee, or titleholder; and
   2. Is not the subject of a protection order, including a temporary protection order;
2. The person sought to be removed is the child, grandchild, or otherwise in the lawful custody or under the lawful guardianship of the person against whom the defensive force is used or threatened;
3. The person who uses or threatens to use defensive force is engaged in a criminal activity or is using the dwelling, residence, or occupied vehicle to further a criminal activity; or
4. The person against whom the defensive force is used or threatened is a law enforcement officer, who enters or attempts to enter a dwelling, residence, or vehicle in the performance of official duties and:
   1. The officer identified himself or herself as a law enforcement officer; or
   2. The person using or threatening to use force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.

S.D. Codified Laws § 22-18-4.4

South Dakota Defense of Property

A person is justified in using or threatening to use force, other than deadly force, against another if and to the extent the person reasonably believes that using or threatening to use force is necessary to prevent or terminate another's trespass on, or criminal interference with:

1. Real property other than a dwelling;
2. Personal property that is lawfully:
   1. In the person's possession;
   2. In the possession of a member of the person's immediate family or household; or
   3. In the possession of one whose property the person has a legal duty to protect.

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 such force.

S.D. Codified Laws § 22-18-4.6

South Dakota Forcible Felonies

A person is justified in using or threatening to use deadly force only if the person reasonably believes that the use of deadly force is necessary to prevent the imminent commission of a forcible felony.

A person who uses or threatens to use deadly force in accordance with this section does not have a duty to retreat and has the right to stand his or her ground, if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where the person has a right to be.

S.D. Codified Laws § 22-18-4.7

South Dakota law:A person who uses or threatens to use force, as permitted in §§ 22-18-4 to 22-18-4.7, inclusive, is justified in such conduct and is immune from criminal prosecution and from civil liability for the use or threatened use of such force brought by the person against whom force was used or threatened, or by any personal representative or heir of the person against whom force was used or threatened, unless:

1. -
   1. The person against whom force was used or threatened is a law enforcement officer, who was acting in the performance of official duties; and
   2. The officer identified himself or herself; or
2. The person using or threatening to use force knew or reasonably should have known that the person was a law enforcement officer who was acting in the performance of official duties.

The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by a defendant in the defense of any civil action brought by a plaintiff, if the court finds that the defendant is immune from prosecution in accordance with this section.

In a criminal prosecution, once a prima facie claim of self-defense immunity has been raised by the defendant, the burden of proof, by clear and convincing evidence, is on the party seeking to overcome the immunity from criminal prosecution provided for in this section.

As used in this section, the term, criminal prosecution, includes arresting, detaining in custody, and charging or prosecuting the defendant.

S.D. Codified Laws § 22-18-4.8

South Dakota law:A person who uses or threatens to use deadly force in accordance with this section does not have a duty to retreat and has the right to stand his or her ground, if the person using or threatening to use the deadly force is:

1. Not engaged in a criminal activity; and
2. In a place where the person has a right to be.

S.D. Codified Laws § 22-18-4.1

Self-Defense Exclusions

Any justification for the use or the threatened use of either force or deadly force is not available to a person who:

1. Is attempting to commit, committing, or escaping after the commission of a forcible felony; or
2. Initially provokes the use or threatened use of force against himself or herself, unless:
   1. Such force or threat of force is so great that the person reasonably believes he or she is in imminent danger of death or great bodily harm and that every reasonable means to escape such danger has been exhausted, other than the use or threatened use of force that is likely to cause death or great bodily harm to the assailant; or
   2. In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use or threatened use of force, but the assailant continues or resumes the use or threatened use of force.

S.D. Codified Laws § 22-18-4.9

South Dakota law specifically authorizes a person to "kill any dog found chasing, worrying, injuring, or killing poultry or domestic animals except on the premises of the owners of said dog or dogs."

S.D. Codified Laws § 40-34-1

South Dakota Loaded Firearm Definition

States have varying definitions of a loaded firearm. In South Dakota, the definition is as follows:

Loaded firearm:  Any functional firearm that contains a cartridge, shell, or projectile in the chamber, including any chamber in the cylinder of a revolver.

S.D. Codified Laws § 22-1-2 (22) (a)