Omar Bennett
South Dakota is a constitutional carry state, meaning individuals can carry firearms without a permit as long as they are legally eligible to possess them. This applies to both residents and non-residents of the state. The state offers three types of gun permits: Regular, Gold Card, and Enhanced. While a permit is not required to carry a concealed firearm in South Dakota, an enhanced permit applicant must take a handgun safety course, making it more likely that the permit will be recognized in other states. The state's constitutional carry law was passed on January 31, 2019, and took effect on July 1, 2019.
| Characteristics | Values |
|---|---|
| Status of constitutional carry in South Dakota | Passed |
| Date of passing | 31 January 2019 |
| Date of effect | 1 July 2019 |
| Requirements for constitutional carry | Individuals must be at least 18 years old and must be legally eligible to possess firearms |
| Types of permits available | Regular, Gold Card, and Enhanced |
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What You'll Learn
South Dakota is a constitutional carry state
South Dakota offers three types of gun permits: Regular, Gold Card, and Enhanced. A Regular permit allows holders to carry concealed firearms and is recognised in several other states. A Gold Card permit allows holders to skip the National Instant Criminal Background Check System (NICS) when purchasing a firearm, resulting in no required waiting period. An Enhanced permit requires a firearms training course and is recognised in seven more states than the Regular license.
While a permit is not required to carry a firearm in South Dakota, a concealed carry permit is still available for reciprocity reasons, allowing individuals to carry firearms in states that do not recognise constitutional carry. The application procedure for a Gold Card permit is similar to that of a Regular permit, and individuals who are prohibited from obtaining a Regular permit are also prohibited from obtaining a Gold Card permit. The Gold Card does not enable an individual to carry a firearm in a location where a person with a Standard permit cannot.
South Dakota law prohibits any state agency, political subdivision, official, agent, or employee from maintaining any list, record, or registry of holders of permits to carry a concealed handgun. However, these entities may release or permit access to such information for law enforcement or the secretary of state.
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No permit is required to carry a firearm
South Dakota is a permitless carry state, meaning that anyone over the age of 18 who can legally possess a firearm may carry a firearm without a permit. South Dakota offers three types of permits: regular, gold card, and enhanced. These permits are not required to carry a firearm within the state, but they do provide additional benefits. For example, a gold card permit proves passage of a National Instant Criminal Background Check, resulting in no required waiting period when purchasing a firearm. An enhanced permit is also recognized in seven more states than a regular license.
While a permit is not required to carry a firearm in South Dakota, there are still some restrictions on where a person can carry a concealed weapon. For example, a person may not carry a concealed weapon into a licensed establishment that derives more than half of its income from the sale of alcoholic beverages, into a county courthouse or state capitol, or into an elementary or secondary school. Additionally, South Dakota law prohibits any state agency, political subdivision, official, or employee from keeping a list of holders of permits to carry concealed handguns. However, this prohibition does not apply to permits relating to convicted felons or to on-duty law enforcement officers conducting routine verification of permits.
To obtain a permit to carry a concealed pistol in South Dakota, an applicant must be a resident of the state and apply through the sheriff of their county. Non-residents who may lawfully possess a pistol are also not required to have a permit to carry a concealed pistol in the state. To obtain a gold card permit, an individual must go through an application procedure that is substantially similar to that of a regular permit. Individuals who are prohibited from obtaining a regular permit are also prohibited from obtaining a gold card permit. A gold card will not enable a person to carry a firearm in a location where a person with a standard permit to carry cannot.
To obtain an enhanced permit, an applicant must take a handgun safety course and present proof of successful completion of the live fire component of a qualifying handgun course. The enhanced permit is only valid when carried with a government-issued form of photo identification. Renewal of an enhanced permit requires the holder to pass a criminal background check.
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Different types of gun permits available
South Dakota is a permitless carry state, meaning anyone over the age of 18 who can legally possess a firearm may carry a concealed firearm without a permit. However, for reciprocity purposes, the state does offer three types of concealed pistol permits (CPP):
- Regular Permit: This allows holders to carry a concealed firearm and is recognised in several other states.
- Gold Card Permit: In addition to the benefits of a regular permit, this proves passage of a criminal background check and is approved by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
- Enhanced Permit: Requires a firearms training course and provides a purchase background check exemption. It is recognised in seven more states than the regular license.
All three permits are valid for five years. The enhanced permit is only valid when carried with a government-issued form of photo identification.
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Requirements to obtain a gun permit
South Dakota is a permitless carry state, meaning anyone over the age of 18 who can legally possess a firearm may carry a firearm without a permit. Despite this, South Dakota offers three types of permits for residents and non-residents (members of the military and their spouses stationed in South Dakota): a regular permit, a gold card permit, and an enhanced permit.
- The applicant must have resided for the past 30 days in the county or municipality where they are applying for a permit.
- The applicant must be a United States citizen or a non-citizen with an alien or admission number issued by the United States Bureau of Immigration and Customs Enforcement.
- The applicant must not be prohibited by state or federal law and must pass a National Instant Criminal Background Check.
- The applicant must not have been found in the previous ten years to be a "danger to others" or a "danger to self," or currently adjudged mentally incompetent.
- The applicant must not have violated any of South Dakota's laws regarding firearms, other weapons, controlled substances, or marijuana in the five years before the date of application. They must also not be currently charged with a felony or misdemeanor under those laws.
- The applicant must complete a qualifying handgun safety course for an enhanced permit.
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Places where firearms are restricted
South Dakota is a "'shall-issue' state, meaning that it is a permitless carry state. This means that anyone over the age of 18 who can legally possess a firearm may carry a concealed firearm without a permit. However, there are still some places where firearms are restricted, even in this state.
Firstly, firearms are prohibited in county courthouses and the state capitol, including any supplementary buildings. An exception is made for holders of an enhanced concealed carry permit who give advance notice to the superintendent of the Division of Highway Patrol. These enhanced permit holders may carry concealed pistols anywhere in the state capitol, except in the Supreme Court chamber or other access-controlled private offices under the supervision of security personnel.
Firearms are also not permitted in schools. This includes public elementary and secondary schools, as well as school buses and school vehicles. In addition, firearms are banned in any establishment that earns more than half of its income from the sale of alcoholic beverages for on-site consumption.
While South Dakota has no statutes prohibiting firearms in polling places, its law specifically prohibits any state agency from creating rules that restrict the right to carry.
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Frequently asked questions
South Dakota is a constitutional carry state, meaning individuals can carry firearms without a permit as long as they are legally eligible to possess firearms. This applies to both residents and non-residents of the state.
South Dakota's Constitutional Carry law was passed on January 31, 2019, and came into effect on July 1, 2019. The bill was passed by the state Senate on January 22, 2019, and by the House of Representatives on January 29, 2019.
South Dakota offers three types of gun permits: Regular, Gold Card, and Enhanced Permits. Regular permits allow concealed carry in some states, while Gold Card permits grant additional benefits, including skipping the NICS background check. Enhanced permits require firearm training and are recognized in more states than the other two types.
