Isabella Carter
South Dakota is a shall-issue state, meaning that it is one of the states that does not require a permit for open or concealed carry. In other words, it is a constitutional carry state. South Dakota offers three types of permits: Regular, Gold Card, and Enhanced. The Gold Card and Enhanced permits allow for additional benefits, such as exemption from background checks. While permits are not required to carry a concealed weapon in South Dakota, they are necessary for carrying in other states. The state also has laws prohibiting carrying in certain locations, such as schools and courthouses.
| Characteristics | Values |
|---|---|
| Is South Dakota a constitutional carry state? | Yes |
| Permit requirement | No permit required for open or concealed carry |
| Permit availability | Regular, Gold Card, and Enhanced permits available |
| Minimum age requirement | 18 years old |
| Training requirement | Training required for Enhanced Permit |
| Background check requirement | No background check required for purchase from private individual; background check required for FFL purchase |
| Restricted areas | Elementary and secondary schools, school buses, courthouses, establishments deriving income from on-site alcohol sales |
| Reciprocity | Recognizes permits from all states; offers reciprocity to residents and non-residents |
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What You'll Learn
South Dakota is a shall issue state
South Dakota is a "shall-issue" state, meaning that it is a permitless carry state. In other words, no permit, firearms registration, or background check is required to purchase a handgun from a private individual. Open carry is legal in South Dakota without a permit, and the minimum age to carry a firearm is 18 years old.
While South Dakota is a permitless carry state, it still offers three types of permits for those who wish to obtain them: regular, gold card, and enhanced. A regular permit allows holders to carry concealed firearms and is recognized in several other states. The gold card permit proves passage of the National Instant Criminal Background Check System (NICS) when purchasing a firearm, resulting in no required waiting period. The enhanced permit requires a firearms training course and is recognized in seven more states than the regular license.
The sheriff of the county in which the applicant resides must issue a permit to carry a concealed weapon if the applicant meets certain qualifications. These qualifications include not having been found to be a danger to oneself or others in the previous ten years, having resided in the county or municipality for the past 30 days, and not having violated any of South Dakota's laws regarding firearms, other weapons, controlled substances, or marijuana in the five years preceding the application.
It is important to note that there are still some restrictions on where concealed carry is permitted in South Dakota. For example, it is not allowed at any public elementary or secondary school, in any courthouse, or in any establishment that derives more than half of its income from the sale of alcoholic beverages for on-site consumption.
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Permits are not required for open or concealed carry
South Dakota is a "shall-issue" state, meaning that permits are not required for open or concealed carry. In other words, it is a constitutional carry state. This means that anyone aged 18 or over, who is not prohibited from possessing a firearm, may carry a concealed pistol without a permit. This includes non-residents of South Dakota, as long as they are legally allowed to possess a firearm.
While permits are not required, they are available for those who may wish to obtain them to carry in other states. There are three types of permits: regular, gold card, and enhanced. The regular permit allows holders to carry concealed weapons and is recognized in several other states. The gold card permit proves passage of a criminal background check, and the enhanced permit requires a firearms training course. An enhanced permit is more likely to be recognized in other states.
Despite being a constitutional carry state, there are still some restrictions on where firearms can be carried. For example, concealed carry is not permitted at any public elementary or secondary school, courthouse, or establishment that makes more than half of its income from on-site alcohol sales. Additionally, South Dakota is advancing a proposal to allow enhanced permit holders to carry concealed weapons on the campuses of state public universities and technical colleges.
It is important to note that South Dakota has specific requirements for obtaining a permit. Applicants must reside in the county where they are applying, not have been found to be a danger to themselves or others in the previous ten years, and not have violated any of South Dakota's laws regarding firearms or other weapons in the preceding five years.
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Permit types: Regular, Gold Card, and Enhanced
South Dakota is a Constitutional Carry state, meaning there is no permit required to carry a firearm openly or concealed. However, the state still offers three types of permits for those who wish to obtain them to carry in other states: Regular, Gold Card, and Enhanced. Here are the details of each permit type:
Regular Permit
The regular permit allows holders to carry a concealed firearm and is recognized in several other states. This type of permit has a fee of $10 and can be obtained from the sheriff of the county in which the applicant resides. Individuals must be at least 18 years old to apply for a regular gun permit.
Gold Card Permit
The Gold Card permit provides the same benefits as the regular permit, plus it proves passage of the National Instant Criminal Background Check System (NICS) when purchasing a firearm, resulting in no required waiting period. The Gold Card permit is recognized in 32 other states. The fee for this permit is $70, and it requires an FBI fingerprint background check but not a handgun course.
Enhanced Permit
The Enhanced permit requires a firearms training course and provides the purchase background check exemption. It is recognized in 37 other states, including Nebraska and Minnesota. The fee for the enhanced permit is $100, and it must be renewed within thirty days of expiration. To renew an enhanced permit, individuals must pass a fingerprint background check and a National Instant Criminal Background Check.
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Permitless carry restrictions
South Dakota is a "shall-issue" state, meaning that it is a permitless carry state. In other words, a permit is not required to carry a concealed self-defense weapon. However, there are some restrictions on where permitless carry is allowed in South Dakota.
Firstly, there are age restrictions on permitless carry. An individual must be at least 18 years old to carry a firearm in South Dakota.
Secondly, there are location restrictions. Carrying a firearm is prohibited in certain locations, including elementary and secondary schools, school buses, courthouses, and any establishment that makes over half of its income from on-site alcohol sales. Additionally, firearms may not be carried in the state capitol, including any supplementary buildings, unless the individual has an enhanced concealed carry permit and gives advance notice to the superintendent of the Division of Highway Patrol.
Furthermore, while open carry is generally legal in South Dakota without a permit, there are some restrictions on where handguns can be kept in vehicles. According to an unofficial 2004 Attorney General Opinion, handguns in a vehicle must be kept in plain sight.
Finally, it is important to note that South Dakota does offer permits for those who want them. There are three types of permits available: Regular, Gold Card, and Enhanced. Each of these permits has different benefits and recognition in other states. For example, the enhanced permit requires a firearms training course and is recognized in more states than the regular license.
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Enhanced permit requirements
South Dakota is a constitutional carry state, meaning a permit is not required to carry a concealed self-defence weapon. However, there are three types of permits available: Regular, Gold Card, and Enhanced. This article will focus on the requirements for an Enhanced Permit.
An Enhanced Permit requires a firearms training course and provides the purchase background check exemption. It is recognised in seven more states than the regular license. To obtain an Enhanced Permit, an applicant must attend a South Dakota Enhanced Permit to Carry Concealed Class. This class covers all the requirements set forth by SDCL 23-7-58. The class is for law-abiding adult citizens who are residents of South Dakota and at least 18 years old. It teaches the basic knowledge, skills, and attitude essential to the safe and efficient use of a handgun for self-defence and family protection. The class also provides information on the law-abiding individual's right to self-defence.
An Enhanced Permit holder must pass a criminal background check, including a computer check of available online records and a National Instant Criminal Background Check. They must also submit a copy of their fingerprints for an additional background check. To renew an Enhanced Permit, a person must pass the same background checks and submit their renewal application within 365 days before or 30 days after their permit expires.
For applicants between 18 and 20 years of age, a temporary restricted enhanced permit can be issued if they meet the requirements of §23-7-53 and §23-7-54 and any other specified requirements. Upon turning 21, they can submit a written request for an unrestricted enhanced permit at no additional cost.
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Frequently asked questions
Yes, South Dakota is a constitutional carry state, meaning a permit is not required to carry a concealed self-defense weapon.
A constitutional carry state is one where no permit is required for open or concealed carry.
The minimum age to carry a concealed weapon in South Dakota is 18 years old.
Yes, you cannot carry a concealed weapon in any public elementary or secondary school, school vehicle, courthouse, or establishment that makes more than half its income from on-site alcohol sales.
There are three types of permits available: Regular, Gold Card, and Enhanced.
