SD: State Firearms Laws
SOUTH DAKOTA
(As of July, 1995)
PLEASE NOTE: In addition to state laws, the purchase, sale and
(in certain circumstances) the possession and interstate
transportation of firearms is regulated by the Gun Control Act of
1968 as amended by the Firearms Owners' Protection Act. Also,
cities and localities may have their own firearms ordinances in
addition to federal and state laws. Details may be obtained by
contacting local law enforcement authorities, and by consulting
the State Laws and Published Ordinances_Firearms, available from
the U.S. Government Printing Office, Washington, D.C. 20402.
QUICK REFERENCE CHART
Rifles and
Shotguns Handguns
Permit to Purchase NO NO*
Registration of Firearms NO NO
Licensing of Owners NO NO
Permit to Carry NO YES**
*48-hour waiting period. Police recordation is made of purchases
from dealers.
**A permit is required to carry concealed. Concealed means
totally hidden from view.
STATE CONSTITUTIONAL PROVISION
"The right of the citizens to bear arms in defense of
themselves and the state shall not be denied." Article VI,
Section 24.
POSSESSION
No state permit is required to possess a shotgun, rifle or
handgun.
A person under 18 may not possess a pistol. This
prohibition does not apply when a minor has the consent of his
parent or guardian and was in the presence of his parent or
guardian and was on premises owned or leased by him or his
parent, guardian or immediate family member; the minor was in the
presence of a licensed or accredited gun safety instructor, or
was using the pistol for farming, ranching, trapping, target
shooting, or gun safety instruction.
No person shall possess a firearm on which the
manufacturer's serial number has been changed, altered, removed
or obliterated. This does not apply if the owner or possessor of
the firearms has applied for a new serial number with the
director of criminal investigation.
No person who has been convicted of a crime of violence
shall possess or have under his control any firearm. Crimes of
violence include the following crimes or attempts to commit or a
conspiracy to commit them: murder, manslaughter, rape, aggravated
assault, riot, robbery, burglary, arson, kidnapping, and any
other felony in the commission of which the perpetrator used
force or was armed with a weapon. This does not apply to a person
who was last discharged from prison, jail, probation or parole
for a crime of violence more than 15 years prior to the
commission of this offense.
It is unlawful to possess a loaded firearm while
intoxicated.
PURCHASE
No seller may deliver a pistol to a purchaser until 48 hours
have elapsed. A person with a valid carrying permit shall be
exempt from the 48-hour waiting period. When a pistol is
delivered it must be unloaded and securely wrapped.
The buyer must complete an application to purchase a pistol
if he does not possess a valid carrying permit. The seller must
within 6 hours, mail or hand deliver the application to the
police chief of the municipality or sheriff of the county of
which the purchaser is a resident. The duplicate shall be
returned to the seller by the police chief or sheriff and the
original shall be retained by him for a period of one year.
It is unlawful to knowingly give, loan, or sell a firearm to
any person who has been convicted of a violent felony within 15
years of his discharge from prison, jail, probation or parole.
CARRYING
No person shall carry a pistol concealed in any vehicle or
concealed on or about his person, without a license to carry. The
issuing authority for a permit to carry is the chief of police of
a municipality or the sheriff of a county.
The permit shall be issued if the applicant is at least 18,
has not been convicted of a felony or crime of violence, is not a
habitual drunkard or drug user, has no history of repeated acts
of violence, and is not currently adjudged mentally incompetent
or has not been found in the previous 10 years to be mentally
ill. A temporary permit to carry shall be issued within 5 days of
application to a person who satisfies the above standards. The
original copy of an application for a permit shall serve as the
temporary permit until the permit is issued. All permit denials
may be appealed to the circuit court.
The permit is valid for 4 years. The fee for a permit to
carry is $6.00.
A permit is not required to carry an unloaded handgun if it
is carried in the trunk or other closed compartment of a vehicle
or if it is in a closed container which is too large to be
effectively concealed on the person or within his clothing. This
container may be carried in a vehicle or in any other manner.
A permit is not required to possess a handgun in one's
dwelling house or place of business or on land owned or rented by
him or by a member of his household.
It is lawful to carry a loaded shotgun or rifle in a car or
truck.
MACHINE GUNS
Machine guns are defined as any firearm whatever its size
and usual designation, that automatically discharges two or more
cartridges by a single function of the firing device.
No person shall possess a machine gun unless he:
1) is a law enforcement officer or member of the armed
forces of the U.S. or of the South Dakota National Guard acting
in the lawful discharge of his duties;
2) has a valid state or federal license or has registered
the weapon with the proper authority;
3) possesses the machine gun briefly after having found it
or taken it from an aggressor.
ANTIQUES AND REPLICAS
An "antique firearm" is defined as any firearm, including
any firearm with a matchlock, flintlock, percussion cap or
similar type of ignition system, manufactured before 1899 and any
replica of a firearm if such replica is not designed or
redesigned for using rimfire or conventional centerfire fixed
ammunition or uses rimfire or conventional centerfire fixed
ammunition which is no longer manufactured in the U.S. and which
is not readily available in the ordinary channels of commercial
trade.
The weapon laws of South Dakota are not applicable to
antique firearms or those firearms which have been permanently
altered so they are incapable of discharge.
MISCELLANEOUS
Any person who commits or attempts to commit any felony when
armed with a firearm shall receive a minimum sentence of 5 years
for a first conviction and 10 years for any subsequent
conviction. The court shall not place on probation or suspend the
sentence of any person convicted of such armed offense.
It is unlawful for any person to recklessly discharge a
firearm.
No person shall set a device designed to activate a weapon
upon being tripped or approached and leave it unmarked or
unattended by a competent person.
No person, other than a law enforcement officer, shall
carry, have in his possession, store, keep, leave, place or put
into the possession of another person, any firearm or airgun,
whether or not the firearm or airgun is designed, adapted used or
intended primarily for imitative or noisemaking purposes, on any
school premises, in any school vehicle, or in any vehicle used by
the school or for school purposes, in any school building or
other building or premises used for school functions, whether or
not any person is endangered by such actions. This does not apply
to starting guns while in use at athletic events, firearms or
airguns at firing ranges, gun shows, and duly supervised schools
or sessions for training in the use of firearms. This prohibition
does not apply to duly accredited colleges, universities and
other institutions of higher learning.
It is unlawful for a person other than a law enforcement
officer or a conservation officer to operate or ride any
motorcycle or snowmobile with a firearm in his possession unless
the firearm is completely unloaded and within a carrying case
which encloses the entire firearm.
Persons crossing the state game preserve or any game or bird
refuge upon any public highway may carry a firearm provided it is
enclosed in a case and not removed therefrom while in the
preserve. A bona-fide resident within any game preserve or refuge
in the state may carry firearms for the purpose of killing
nongame and predatory animals on his own premises and may kill
nongame and predatory animals or birds on his own premises within
any game preserve or refuge.
No local government may enact a law pertaining to the
possession, transportation, sale, or transfer of firearms and
ammunition.
It is unlawful to possess a firearm in a courthouse.
SOURCES: S.D. Codified Laws ss 7-18A-36, 8-5-13, 9-19-20,
13-32-7, 22-1-2, 22-14-5 et.seq., 23-7-1 et.seq., 26-10-9,
32-20-6.6, 32-20A-11.
CAUTION: State firearms laws are subject to frequent change.
The above summary is not to be considered as legal advice or
a restatement of law. To determine the applicability of
these laws to specific situations which you may encounter,
you are strongly urged to consult a local attorney.
Compiled by:
NRA Institute for Legislative Action
11250 Waples Mill Road
Fairfax, Virginia 22030
1995, NRA Institute for Legislative Action
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Association Institute for Legislative Action, Fairfax, VA.
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