Gun laws in South Dakota

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Gun laws in South Dakota regulate the sale, possession, and use of firearms and ammunition in the state of South Dakota in the United States.[1][2]

Summary table[edit]

Subject/Law Long Guns Handguns Relevant Statutes Notes
State permit required to purchase? No No
Firearm registration? No No
Owner license required? No No
Permit required for concealed carry? N/A Yes SD 23-7-7 South Dakota is a "shall issue" state for concealed carry. Permitless carry legal as of July 1, 2019.[3]
Permit required for open carry? No No Open carry is generally permitted. For open carry in a vehicle, the firearm must be clearly visible.
State preemption of local restrictions? Yes Yes
Assault weapon law? No No
Magazine Capacity Restriction? No No
NFA weapons restricted? No No
Background checks required for private sales? No No
Location of South Dakota in the United States

South Dakota is a "shall issue" state for concealed carry. Permitless carry will be legal as of July 1, 2019.[4] The local county sheriff shall issue a permit to carry a concealed pistol to qualified applicants. A temporary permit shall be issued within five days of the application. Concealed carry is not permitted at any public elementary or secondary school or in a school vehicle, in any courthouse, or in any establishment that derives over half of its income from the sale of alcoholic beverages which are ingested on site. For non-residents, South Dakota recognizes valid concealed carry permits from any other state.[5][6][7][8]

Open carry is legal in South Dakota and does not require a concealed pistol permit. Firearms may be transported in vehicles if they are clearly visible.

When buying a handgun from a Federal Firearms License (FFL) holder, an application to purchase a handgun must be filled out by the buyer and submitted to the FBI NICS by the seller. Beginning June 1, 2009, anyone who passes the federal background check will be able to take possession of any firearm immediately, per SB0070.[9]

South Dakota has state preemption of firearms laws. Units of local government may not restrict the possession, transportation, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components.[10] Preemption was further strengthened in 2019 by preventing local governments from restricting, prohibiting, imposing a tax, license requirement, or license fee on any of the above actions, plus the storage and purchase of firearm, ammunition, or components. It also mandates the attorney general to seek injunctive relief from any locality that violates preemption.[11]

Firearms manufacturers, distributors, and sellers are not liable for injury caused by the use of firearms.[1]

References[edit]

  1. ^ a b "State Gun Laws: South Dakota", National Rifle Association – Institute for Legislative Action. Retrieved December 31, 2012.
  2. ^ "South Dakota State Law Summary", Law Center to Prevent Gun Violence. Retrieved December 31, 2012.
  3. ^ Kaczke, Lisa (January 31, 2019). "Gov. Noem signs 'Constitutional carry' of concealed handguns without permits into law". Sioux Falls Argus Leader. Retrieved February 1, 2019.
  4. ^ KSFY. "Gov. Kristi Noem signs 'constitutional carry' bill into law". www.ksfy.com. Retrieved 2019-02-01.
  5. ^ South Dakota Attorney General – South Dakota Firearm Laws
  6. ^ South Dakota Secretary of State – Concealed Pistol Permits
  7. ^ South Dakota Concealed Carry CCW Laws and Information on carryconcealed.net  Archived December 11, 2011, at the Wayback Machine
  8. ^ South Dakota Concealed Carry Permit Information on USACarry.com
  9. ^ "SDLRC - 2009 Senate Bill 70". sdlegislature.gov. Retrieved 2019-01-31.
  10. ^ South Dakota Secretary of State – Firearm Laws
  11. ^ "SDLRC - 2019 House Bill 1056". sdlegislature.gov. Retrieved 2019-03-11.