STATE PREEMPTION Useful Resources and Links ''To disarm the people is the best and

most effectual way to enslave them.''

No county, municipality, or township may pass any South Dakota Codified Laws
ordinance that restricts possession, transportation, sale,
transfer, ownership, manufacture or repair of firearms or http://legis.state.sd.us/statutes/index.aspx -George Mason
ammunition or their component.

South Dakota has full state preemption of local gun laws. Gun Owners of America
http://gunowners.org/
GUN REGISTRY
No state agency, political subdivision, official, agent or National Rifle Association
employee of any state agency may knowingly keep or http://www.nra.org/home.aspx
cause to be kept any list, record, or registry of privately
owned firearm or registry of holders of permits to carry a
concealed pistol. South Dakota Open Carry Advocates
TBD
Specific Statutes
S.D. Codified Laws §§ 7-18A-36, 8-5-13, 9-19-20, 13-32-
OpenCarry.org
7, 22-1-2, 22-14-5 et.seq., 23-7-1 et.seq., 32-20-6.6, 32-
20A-11. http://www.opencarry.org/

NOTE!
Firearms laws are subject to frequent Notes
change and court interpretation. This
summary is not intended as legal advice or
restatement of law . This summary does not
include federal or local laws, ordinances or
regulations. Consult a licensed attorney for
and accurate interpretation.
The authors of this document are not
South Dakota Open Carry Advocates
licensed attorneys; this document does not
constitute legal advice.
 Yes, it is Legal! From the South Dakota State Constitution:
Places Where Carrying is Restricted

“The right of the citizens to bear arms in defense of 1. An establishment licensed to serve alcoholic beverages
on the premises if the establishment derives more than
themselves and the state shall not be denied.” Article V I,
Section 24. 50% of its sales from alcoholic beverages.

2. A county courthouse.
Some Information Derived From Selected 3. An elementary or secondary school premises, including
South Dakota Codified Laws: school vehicles or buildings.
http://legis.state.sd.us/statutes/TitleList.aspx
4. A snowmobile, unless firearm is unloaded and entirely
enclosed in a carrying case.
POSSESSION

Open Carry of a No state permit is required to possess a shotgun, rifle or

5. A game preserve or refuge unless the permit holder is:
a. On a public highway and the firearm is enclosed in a
handgun. A person under 18 may not possess a pistol.
holstered handgun is
case or, b. A resident within the preserve or refuge and is
carrying the firearm to use against non-game and
No person who has been convicted in this state or predatory animals or birds on his or her own premises.
not prohibited by law elsewhere of a crime of violence or a felony may possess
or have control of a firearm. This does not apply to any
6. Any Federal building.
in South Dakota. person who was last discharged from prison, jail,
probation or parole more than fifteen years prior to the
commission of the principal offense.
7. Any private property or business where posted or
otherwise prohibited by owner or employees.

No person who has been convicted of any misdemeanor

crime involving an act of domestic violence may possess
or have control of a firearm for a period of one year from
the date of conviction. At the end of the one-year period,
any civil rights lost as a result of this provision shall be
restored.

CA R RY IN G

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
sheriff of a county in which the applicant resides.

A permit is required The act of openly carrying a legally acquired, properly

holstered handgun by a person who is legally able to
only for concealed posses a handgun is unrestricted by state law.

carry.