Gun Laws in South Dakota
Gun Friendliness Score
How We Calculate Gun Friendliness Scores
The Gun Friendliness Score ranges from 0 to 100 and represents how favorable a state's laws are toward gun ownership and use. We evaluate each state across 50 key gun policies, assigning points based on how these policies affect gun owners:
- Policies that support gun rights, reduce restrictions, or expand legal protections for gun owners receive positive points
- Policies that restrict firearm ownership, limit purchase options, or add regulatory burdens receive negative points
South Dakota's excellent score of 86 reflects the state's constitutional carry laws, minimal purchase restrictions, strong preemption laws, and comprehensive self-defense protections.
South Dakota Gun Laws Summary
South Dakota has established itself as one of the most gun-friendly states in the nation. The state has minimal restrictions on firearms and ammunition, often avoiding duplication of federal regulations and not imposing additional burdens beyond what federal law requires.
South Dakota is a shall-issue state for concealed weapons permits, though permits are entirely optional. The Secretary of State handles permit issuance, and qualifying applicants will receive their permits without discretionary denial. While not required, obtaining a permit provides advantages including reciprocity with other states and streamlined firearm purchases.
Since July 1, 2019, South Dakota has been a constitutional carry state when Governor Kristi Noem signed SB 47 into law. Any law-abiding citizen or legal resident who is at least 18 years old and legally permitted to possess a firearm can carry a concealed weapon without a permit. South Dakota joined the growing number of states adopting constitutional carry, further cementing its reputation as a state that strongly protects Second Amendment rights.
Permitting, Sales and Transfers
No permits are required to purchase firearms or ammunition in South Dakota. Background checks are conducted for sales through federally licensed dealers (FFLs) as required by federal law, using the National Instant Criminal Background Check System (NICS).
Private sales between individuals require no background check, permit, or registration. South Dakota law explicitly prohibits any state or local governmental unit from maintaining a registry of firearm transfers or firearm ownership.
Firearms in Public and in the Home
South Dakota is a constitutional carry state where no permit is required for open or concealed carry. Residents aged 18 and older who can legally possess firearms may carry without a permit, while non-residents must be at least 18 years old as well. South Dakota honors concealed carry permits from all states.
Open carry is legal without a permit for anyone 18 years or older who can legally possess a firearm. Certain locations prohibit carry, including federal buildings, courthouses, school premises, and establishments that derive over half their income from alcohol sales. For those who choose to obtain a permit, South Dakota does not require any training course, making it one of the easiest states to obtain a permit. The permit fee is only $10, one of the lowest in the nation.
Firearm, Feature and Accessory Bans
South Dakota has no bans on semi-automatic firearms, detachable magazines, or firearms with specific features. There are no magazine capacity restrictions. All NFA items (suppressors, short-barreled rifles, short-barreled shotguns, machine guns, etc.) are legal to own provided federal requirements are met. South Dakota law specifically prevents local governments from enacting any regulations more restrictive than state law.
Local Laws
South Dakota has strong statewide preemption of firearms laws. State law explicitly prohibits counties, cities, towns, and other political subdivisions from enacting any ordinance, regulation, or rule relating to firearms. This ensures uniform gun laws throughout the state and prevents local governments from creating a patchwork of regulations that could confuse gun owners and potentially criminalize otherwise lawful behavior.
2025 Gun Law Checklist
South Dakota Gun Policy Profile: 50 Key Legislative Points
Purchasing and Sales Regulations
Background Check for Any Firearm Sale
State requires any firearm sale to go through a licensed dealer (FFL) and be subject to a background check. (Federal law requires those "engaged in the business" of buying/selling firearms to perform a background check during a sale). A private sale or transfer of any firearm between individuals (non-family members) must be also conducted through an FFL.
Background Check for Any Handgun Sale (Including Private Sales)
All handgun sales and most transfers are subject to a background check. Private sales of handguns between individuals (non-family members) must be conducted through an FFL.
Background Check Extensions
State will halt the transfer of a firearm if a background check is delayed. Some states will halt the process indefinitely, some for a set amount of time.
Failed Background Check Reported to Law Enforcement
The firearm dealer (or state agency conducting the background check) has a responsibility to notify local law enforcement of a failed background check.
Must be 21 or Older to Purchase
Most firearms–including rifles, shotguns, and handguns–cannot be sold to anyone under the age of 21. (Federal laws permit long guns to be sold to those over the age of 18.)
Permit to Purchase
State requires a permit (single-use or renewable) for all firearms or specifically for handguns. States typically charge a fee for the permit and a background check is performed during the application.
Mandatory Waiting Periods
Prior to purchasing a firearm, an individual must wait a specified period (typically between 3-14 days) between initiating the purchase and taking possession of the firearm.
State Licenses All Gun Dealers
State has a licensing system for firearms merchants above and beyond the federal (FFL) system.
Purchase Rejected for Public Safety Reasons
State officials able to block sales of firearms if the purchaser is deemed to be a threat to themselves or to public safety (according to the judgment of the official)
Approved Handgun Roster
State controls what make and model handguns are sold; according to their own criteria. Often, this involves a "roster" of approved handguns with the right "safety" features, such as a loaded chamber indicator, or even the amount of metal in the firearm (Maryland). Often, LE are exempt from these requirements.
Strict Unfinished Frames and Receivers Laws
State sets a lower threshold for unfinished frames and receivers (beyond ATF rule 2021R-05F). Includes ban on 3D-printing of these parts in some states.
Ownership and Registration Requirements
Permit to Possess
Several states require a permit just to possess: a handgun (New York); any firearms or ammunition (Illinois).
State Firearm or Handgun Registry
State keeps a record of every firearm or handgun sold. Includes states with a permit to purchase and states that keep records of purchases.
Mandatory Firearms Training
Prior to purchasing a firearm, an individual must prove they completed the state ordered training. Often, this is part of the application process for a Permit to Purchase.
Secure Storage Requirement
Gun owners must lock up firearms in the home (or anywhere else a minor or prohibited person may have access).
Magazine Capacity Limits
State limits magazine capacity for some or all firearms.
"Assault Weapons" Ban
Magazine fed, semi-automatic, centerfire rifles cannot have other "features" (pistol grip, flash hider, etc.) or they are considered "assault weapons." New guns cannot be registered as "assault weapons." Possession is prohibited with limited exceptions.
Microstamping Law
State has a law banning the sale of a new pistol unless its firing can imprint its serial number somewhere on the cartridge case during firing. This technology is make-believe at present, but these laws will effectively ban the sale of new handguns in the state if/when they become effective
Penalties for Not Reporting a Lost or Stolen Firearm
Gun owners must report the loss or theft of firearms–usually within several days of the incident or first discovering the loss–or potentially face a criminal penalty.
Carry and Location Restrictions
Mandatory Permit for Concealed Carry
State requires a permit to carry a concealed pistol. This includes all states that "may issue" a permit (where officials may deny a permit for subjective reasons).
Officials Can Deny Carry Permit
State allows the carry permit officials to deny an application based on the state's own criteria.
Open Carry Limited or Banned
State restricts open carry to rifles and shotguns or bans open carry completely unless you are LE or special permit holder.
No Carry Mandate for College Campuses
State has not passed a blanket law permitting concealed carry on college campuses.
Gun Ban on Most Public Property
State limits or bans any type of carry in and around government facilities (state, county, municipal) and/or limits carry of firearms in parades and demonstrations
Guns Banned in Bars
State prohibits carry inside bars or consumption of alcohol while carrying.
No Guns in K-12 Schools
Only LE (and in some states, specially licensed school officials) may carry on school property.
Does Not Recognize Other States' Carry Permits
State doesn't consider concealed carry permits from other states valid
Prohibited Persons and Possession Restrictions
Felons are Also Prohibited Persons at State Level
State has a law prohibiting felons from owning guns and ammo, even though federal law already does this.
Fugitives are Also Prohibited Persons at State Level
State has a law prohibiting fugitives from justice from owning guns and ammo, even though federal law already does this.
Involuntarily Committed are Also Prohibited Persons at State Level
State has a law prohibiting those who have been involuntarily committed (to a psychiatric hospital or mental institution), or those found to be a danger to themselves or others from owning guns and ammo. Federal law already prohibits anyone found to be mentally defective or committed to a mental institution at 16 years or older.
Violent Offenders Cannot Possess
State will take away firearms, deny future possession, or at minimum deny future purchase of firearms for certain misdemeanor crimes of violence (besides domestic violence violence).
Domestic Violence Offenders Also Prohibited Persons at State Level
State has a law prohibiting those convicted of misdemeanor domestic violence from owning guns and ammo, even though federal law already does this
Stalkers are Prohibited Persons at the State Level
State has either made stalking a felony (instant prohibitor) or makes an individual convicted of misdemeanor stalking a prohibited person.
Intervention and Seizure Provisions
Red Flag Law
Law enforcement (and others, depending on the state) is allowed to request that firearms be taken away from others with limited due process.
Emergency Gun Seizure Before Restraining Orders
Similar to a red flag law, state will take away guns before an actual conviction. This is often during domestic disputes, before a restraining order takes effect, and in similar situations.
Guns Seized for Hate Crimes
State will take away all firearms from an individual in response to a misdemeanor hate crime conviction.
Guns Seized After Becoming Prohibited
State will quickly respond when an individual's status changes to prohibited and take away all firearms belonging to that person.
Guns Seized After Domestic Violence Conviction
State will quickly respond to take away firearms from an individual if they are convicted of misdemeanor domestic violence.
Guns Seized Amid Restraining Orders
State will take away all firearms from anyone who is subject to a restraining order, even though federal law already does this.
No Stand Your Ground Law
State imposes a "duty to retreat" before using force or requires "proportional force" when responding to an attack or dangerous situation with force.
Monitoring and Threat Assessment
Mental Health Database
State maintains records of anyone that has been committed or involuntarily committed to psychiatric hospitals. They send this information to the FBI for use by the NICS (or when conducting a state background check, if applicable).
School Officials Conduct Threat Assessments
Teams of mostly school officials are empowered by law to refer children for mental health assessments or take more drastic action if they believe the child poses a threat to themselves or others.
Mandatory Tracing of "Crime Guns"
Law enforcement must use either a state system or the federal firearm tracing system to research any firearm recovered from a crime scene or used in a crime.
Law Enforcement Oversight and Accountability
No LE Officers Bill of Rights
Some states never passed (or passed and later repealed) a set of basic protections for public safety officers. These protections vary by state. They often include the right to engage in political activity and run for public office, and the right to refuse a lie detector test, among other things.
Heavy Restrictions on LE Use of Deadly Force
State laws severely limit the discharge of firearms to apprehend criminals, including against individuals suspected of murder or fleeing a felony in many cases.
Reports for LE Deadly Force Incidents
Law enforcement agencies are required to report any officer-involved shootings that result in serious injury or death. Monthly or annual reports are compiled using this data and made available to the public.
No Qualified Immunity Defense Laws
In civil court, LE officials may not use a defense of qualified immunity if they are accused of certain civil rights violations. This includes situations in which a firearm was used.
Prevention and Support Programs
Dedicated Office of Gun Violence Prevention
Some states have passed legislation creating gun violence prevention offices that target "community gun violence." Taxpayer funds are used to support these programs, which may have little to no effect on violent crime.
Funding for Services of Victims of Gun Violence
Some states maximize the use of federal money intended for victims of violent crime by increasing pool of eligible claimants. Money is paid out to families of convicted felons in many cases.
Local Control
Counties / Cities / Towns Can Pass Stricter Gun Laws
Local governments are free to pass their own gun control laws in addition to any existing laws at the federal and state levels. Some states prohibit local governments from passing laws about specific things-including guns. This is known as preemption.
Conclusion
This piece dives into the ammunition and firearms laws that apply in the state of South Dakota. To do so, we start with the ammo laws, focusing on the legal requirements and processes to have ammo shipped to a residential address in the state. From there, the piece transitions to the firearms laws, looking at both the processes for buying guns in the state as well as the laws that regulate the carriage of firearms within the state’s borders. Finally, we wrap the piece up with some information and resources that you’ll find useful if you’re interested in owning and carrying firearms and ammo in South Dakota.
We do not intend this piece as legal advice. Instead, we hope that you can use the information here to make your own, better-informed choices.
Like many states, South Dakota has preemption. This means that the state legislature has passed a law forbidding localities such as counties, cities, and towns, from making and enforcing gun laws that are stricter than those at the state level. In practical terms, this makes life simpler for gun owners, as a single set of laws applies to the state as a whole.
South Dakota is one of the most permissive states in the country in terms of its firearms laws. There are no bans in the state and little regulation on the carriage of firearms. The state of South Dakota gets out of people’s way in their enjoyment of Second Amendment rights.
Ammo Laws/Buying Ammo in South Dakota
First, we will cover the ammo laws of the state.
South Dakota has highly permissive ammo laws in that it has very few at all. In the US, the laws set at the federal level apply everywhere in the country. In states where there are few ammo laws, like South Dakota, this means that the buying and shipping of ammunition are practically set by those federal laws, and that makes South Dakota as permissive as it can be under federal law.
The ATF has two sets of requirements for people who want to purchase ammunition. Firstly, buyers have to meet an age requirement. Buyers have to be eighteen years of age or older to buy ammo for long guns (rifles and shotguns) and at least twenty-one to buy ammo for handguns. Secondly, prohibited persons cannot buy ammo: the ATF defines prohibited persons as those who have been convicted of felonies or domestic violence, people who’ve been found mentally unfit in court, and people who have been involuntarily committed to a mental health facility for inpatient treatment.
As long as the buyer meets those two sets of federal requirements, South Dakota’s state laws are fine with ammunition being shipped to a home in the state. Keep in mind that carriers can set their own rules, and sometimes request that an adult with a valid ID be present to sign for packages containing ammo.
As long as the buyer meets federal requirements, it is simple to have ammo shipped to a home in South Dakota.
Gun Laws/Buying Guns in Dakota
Next, we will do the same exercise for the state’s gun laws.
South Dakota takes a permissive stance on firearms laws as well. The state does not have a ban on assault weapons, either by listing weapons or making a list of prohibited features. Additionally, there are no magazine bans in the state. South Dakota is also fine with its residents owning NFA items such as suppressors, machine guns, and short-barreled rifles and shotguns. Of course, federal laws still apply to such NFA items and must be followed in South Dakota as well.
Because South Dakota does not impose any additional restrictions on firearms rights, the buying process in the state follows the baseline set by federal law. The buyer should bring both a valid form of identification as well as their form of payment to the gun store. There, the FFL will have the buyer fill out ATF’s Form 4473 to both do a background check and make the legally mandated record of the purchase. Once the background check is cleared and the payment clears, the buyer is welcome to leave with their new firearm the same day.
South Dakota does not mandate that people selling firearms in a private sale conduct a background check. With that said, it is always wise to make sure that the buyer is old enough to legally own the weapon, and is not a prohibited person.
The permissive attitude of the state continues with the state’s attitude on the carriage of firearms. The state does not regulate the open carriage of firearms, meaning that people can carry a firearm openly in most places.
South Dakota does not require a permit for concealed carry either. Many states with permitless carry do also issue a concealed carry permit, and South Dakota is no exception. But, the state’s permits are unusual in that there are several tiers. The simplest to get a permit only requires an application, and the hardest to get one requires the demonstration of training. Because each permit has different requirements, they should be considered totally separate documents when considering if the permit is honored in other states: it might well be worth a phone call to a local sheriff’s office if you plan to carry a firearm in another state on a South Dakota permit to double check its validity in that specific county.
Most states have a list of places where it is forbidden to carry a firearm and South Dakota is no exception here, either. The list in this state includes:
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Bars (No concealed carry)
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Courthouses
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State Capitol (Enhanced permit holders can be given exceptions)
Signs posted on private property can add more places to this list on an ad hoc basis. Also, it is always illegal to carry a firearm on most federal property, which includes your local post office. Otherwise, South Dakota’s list is among the shortest in the nation.
South Dakota is among the most permissive states in the country when it comes to its ammo and firearms laws. There are no ammo bans in the state, no bans on any category of firearms, and there are few restrictions on the carriage of firearms. In effect, South Dakota can be used as a baseline for permissiveness in American firearms law.
Sales Tax on Guns/Ammo in South Dakota
South Dakota has a base sales tax rate of 4.5%, and some localities tack on additional taxes for an effective sales tax rate of 7.5%. It might be worth shopping around to FFLS in different areas to find one in a lower-tax city/county.
The state does not have additional, specific taxes on firearms and ammunition sales.
More Resources:
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The ATF maintains a list of every FFL in the country, including in South Dakota. This list is kept well up to date: generally, gun stores are either Type 1 or Type 2 FFLs.
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Wheretoshoot.org is a great tool for finding ranges: use the mileage, city, and zip code filters to find ranges in your area. Users can add more ranges, too, and the information is regularly checked for accuracy.
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There are a number of well-rated gun stores in South Dakota.
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South Dakota’s low population leads to forums that are not super active, but the state’s firearms subreddit does have the occasional useful post.