Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
Over the past ten years, South Dakota’s gun laws have undergone notable changes, reflecting the state’s commitment to upholding Second Amendment rights while addressing evolving perspectives on public safety. From concealed carry to background checks, these developments underscore South Dakota’s dedication to responsible firearm ownership. Here is an overview of the key updates in South Dakota’s gun laws and regulations from 2013 to 2023:
- Expansion of concealed carry reciprocity agreements with other states, allowing permit holders to carry across state lines.
- Discussion about implementing a mandatory waiting period for firearm transfers to allow for comprehensive background checks.
- Introduction of legislation enforcing stricter penalties for individuals convicted of gun-related crimes.
- Aims to deter illegal firearm use and promote public safety.
- Adoption of “constitutional carry” laws allowing individuals to carry firearms without a concealed carry permit.
- Strengthened background checks for concealed carry permit applicants, emphasizing mental health evaluations and criminal history reviews.
- Strengthened laws requiring firearm owners to report lost or stolen firearms to law enforcement within a specific timeframe.
- Exploration of measures to enhance regulation and oversight of firearm dealers.
- Strengthened reporting of mental health records to the National Instant Criminal Background Check System (NICS).
- Aims to prevent firearm access by individuals with mental health concerns.
- Enactment of laws promoting responsible firearm storage and holding adults accountable for securing firearms from children’s access.
- Discussion around the potential adoption of a “stand your ground” law, allowing individuals to use deadly force in self-defense without retreating.
- Discussion about implementing a mandatory waiting period for firearm purchases to allow for comprehensive background checks.
- Exploration of potential measures to enhance school safety, including resource officers or armed personnel.
- Introduction of initiatives promoting firearm safety education and training among gun owners.
- Emphasis on responsible practices and handling.
- Strengthening of laws allowing family members and law enforcement to seek temporary firearm removal for individuals facing mental health crises.
South Dakota’s gun laws have evolved over the past decade, reflecting the state’s commitment to responsible firearm ownership and community safety. These changes demonstrate South Dakota’s proactive approach to firearm regulation. As the state continues to adapt its laws, it remains crucial for stakeholders, policymakers, and the public to engage in informed discussions that prioritize individual rights while maintaining community security.
South Dakota is considered to have some of the least restrictive gun policies in the nation. The state does not require a permit to acquire a shotgun, rifle, or handgun.
Additionally, firearm owners are not required to be licensed or to register their weapons. The minimum age requirement to purchase a firearm is 18, and minors under this age may possess a handgun with proper permission from a parent or legal guardian. While no application process is needed for purchasing rifles or shotguns, an application is required for handguns purchased from federally licensed firearms dealers. This process includes a 48-hour waiting period before acquiring the handgun. The dealer must submit the application to the local police chief or sheriff within six hours of the transaction, serving as a record for future reference.
State law prohibits individuals with a history of violent crimes, felony charges, or misdemeanor domestic violence charges from possessing firearms. However, individuals with such a history can petition the court to restore their right to bear arms after one year. The court will consider restoration pending an evaluation of the individual, even though their civil rights can legally be restored after that period.
Concealed handguns require a permit in South Dakota. Eligible individuals must meet state possession requirements and additional criteria, including:
- Being a U.S. citizen
- Being a South Dakota resident for at least 30 days
- Not being considered a danger to others or self in the past ten years
- Having no history of alcohol, drug, or controlled substance abuse
- Having no felony or misdemeanor convictions related to firearms or substances in the past five years
Permits are issued by the sheriff contingent on the applicant’s background check. Approved applicants may receive a temporary license within five days of application. Permits do not allow concealed weapons in establishments generating over 50% of sales from alcohol, public facilities such as schools, police stations, and courthouses. Transporting a handgun does not require a permit if it is unloaded and secured in the trunk or a case that cannot be concealed on the person.
South Dakota has special laws regarding “controlled weapons,” including machine guns, short-barreled shotguns, and silencers. Possession of these firearms is illegal unless the individual is a law enforcement officer or a member of the armed forces on duty. Controlled weapons kept for display must be inoperable and registered with the State Law Enforcement Division.