South Dakota concealed carry laws and reciprocity

South Dakota's concealed pistol permit chapter (SDCL 23-7) and weapons offenses chapter (SDCL 22-14) contain no requirement that a person carrying a pistol notify a law enforcement officer or display a permit on request; permits are optional for carry (SDCL 23-7-7). The value rests on the absence of any such provision in those chapters.

The former offense of carrying a concealed pistol in a vehicle without a permit (SDCL 22-14-9) was repealed in 2019, and the Secretary of State states permitless open and concealed carry is allowed for residents and nonresidents.

Residents and nonresidents who may lawfully possess a pistol may carry openly or concealed without a permit (SDCL 23-7-7). Persons under 18 may not possess a pistol or carry one concealed except in limited supervised circumstances (SDCL 23-7-44, 23-7-71).

A permit to carry a concealed pistol must be issued by the sheriff of the applicant's county of residence to an applicant who meets the SDCL 23-7-7.1 requirements, including age 18 and a background check; enhanced permits require 21 (or a restricted enhanced permit for ages 18 to 20).

The Secretary of State states that South Dakota does not issue nonresident permits; applicants must have resided in the county of application for at least 30 days.

The Secretary of State states that South Dakota allows permitless open carry as well as permitless concealed carry for residents and nonresidents.

SDCL chapters 22-14 and 23-7 contain no provision giving legal effect to a posted no-firearms sign; the value rests on the absence of such a provision. SDCL 22-14-23 bars firearms in county courthouses and the state capitol regardless of signage (22-14-26 only requires notice at the entrances), and a person who enters or remains on property after notice against trespass by actual communication or posting commits a misdemeanor under SDCL 22-35-6.

No provision in SDCL ch. 22-14 or 23-7 bars firearms from establishments serving alcohol, but having a loaded firearm in personal possession while intoxicated is a Class 1 misdemeanor (SDCL 22-14-7(3)).

Uncased firearms are prohibited in the state park system except at ranges, during specified hunting seasons and areas, and in vehicles, but a person allowed to legally carry a concealed pistol may carry it concealed at any time (ARSD 41:03:01:16).

SDCL chapter 22-14 (Unlawful Use of Weapons), which contains the carry offenses and the courthouse and capitol prohibitions, has no provision on churches or other places of worship, so this value rests on the absence of a statutory ban; a place of worship, as private property, may still exclude firearms.

The Board of Regents and Board of Technical Education institutions may not restrict concealed pistols carried by holders of an enhanced permit, restricted enhanced permit, or reciprocal permit, except in limited designated areas and secured special events (SDCL 13-53-56, 13-53-57, 13-39A-43, 13-39A-44).

Statutory off-limits places include county courthouses (unless waived by the county commission) and the state capitol, where enhanced permit holders may carry concealed after notifying the Highway Patrol (SDCL 22-14-23 to 22-14-28), and public elementary and secondary school premises and vehicles, with exceptions for permit holders inside vehicles (SDCL 13-32-7).

A person justified in using deadly force has no duty to retreat and may stand their ground if not engaged in criminal activity and in a place where they have a right to be (SDCL 22-18-4.1).

South Dakota's weapons statutes (SDCL ch. 22-14 and ch. 23-7) contain no magazine capacity limit.

South Dakota's only "controlled weapons" are machine guns and short shotguns (SDCL 22-1-2(8), 22-14-6); there is no assault weapons ban.

As amended in 2026 (SL 2026, ch 96), the definition of "controlled weapon" in SDCL 22-1-2(8) expressly excludes firearm silencers, so state law no longer treats them as controlled weapons; federal NFA rules still apply. The Secretary of State's July 2026 handbook still prints the older definition.

South Dakota defines a "short rifle" (SDCL 22-1-2) but does not include it in the controlled-weapon definition, so state law does not prohibit possession; federal NFA rules still apply.

A short shotgun is a controlled weapon, and knowingly possessing one is a Class 6 felony unless the person has a federal license or has registered it with the proper federal authority, or another exception applies (SDCL 22-1-2(8), 22-14-6).