South Dakota Gun Laws 2026

Purchasing a Firearm in South Dakota

South Dakota does not require a special permit or license to purchase a firearm. Buyers must be at least 18 years old for long guns (rifles and shotguns) and 21 for handguns when purchasing from a licensed dealer, in accordance with federal law. All buyers must be able to pass a background check and must not be a prohibited person under federal or state law.

For purchases from Federal Firearms Licensees (FFL dealers), a background check through the federal NICS system (or a state equivalent) is required. Private sales between individuals are not required to go through a background check under South Dakota law, although federal law still prohibits selling to a person you know or have reason to believe is a prohibited person.

South Dakota does not impose a waiting period on firearm purchases. Once the background check is completed and approved, the buyer may take immediate possession of the firearm. This applies to both handguns and long guns purchased through licensed dealers.

Concealed Carry in South Dakota

South Dakota has permitless (constitutional) carry. South Dakota allows permitless carry, meaning anyone who is legally allowed to possess a firearm and meets the minimum age requirement may carry a concealed handgun without obtaining a permit or license. This is sometimes called "constitutional carry." The state still issues carry permits for those who want them, primarily for reciprocity benefits when traveling to other states.

Concealed carry permit holders (where applicable) should be aware of restricted locations where carry is prohibited regardless of permit status. These typically include federal buildings, courthouses, schools and school zones, polling places on election day, and any private property where firearms are prohibited by the owner. Posted signage requirements vary by state — in South Dakota, always look for posted signs at building entrances.

Open Carry Laws

Open carry of firearms is legal in South Dakota. No permit is required to openly carry a firearm. Open carry refers to carrying a firearm in a manner that is visible to others, such as in a belt holster. While legal at the state level, some municipalities or specific locations (government buildings, schools, courthouses) may restrict open carry. It is important to be aware of local ordinances and posted signage.

Assault Weapons and Magazine Restrictions

South Dakota does not have an assault weapons ban. Semi-automatic firearms of all types may be legally purchased, possessed, and carried (subject to general firearms laws). There are no state-level restrictions on specific firearm features such as pistol grips, adjustable stocks, or flash suppressors.

South Dakota does not restrict magazine capacity. There are no limits on the number of rounds a magazine may hold. Standard-capacity and high-capacity magazines of any size may be legally purchased and possessed.

Red Flag Law

South Dakota does not have a red flag law (Extreme Risk Protection Order). There is no legal mechanism for family members or law enforcement to petition a court to temporarily remove firearms from an individual based on perceived risk. Firearms may only be seized through standard criminal proceedings or existing mental health commitment processes.

Gun Show Regulations in South Dakota

Gun shows in South Dakota follow the same laws that apply to all firearm sales. Licensed dealers (FFLs) at gun shows must conduct background checks on all purchases, just as they would at their retail location. Private sellers at gun shows who are selling from their personal collection are not required to conduct background checks under state law, although they may not knowingly sell to a prohibited person. Gun shows typically require all firearms brought in for sale to be unloaded and secured with cable ties or similar safety devices. Individual show promoters may set additional rules.

FFL Transfer Rules

When purchasing a firearm online, the firearm must be shipped to a Federal Firearms Licensee (FFL) in South Dakota for the transfer. The buyer then completes the standard Form 4473 and background check at the FFL's location. FFL transfer fees in South Dakota typically range from $20 to $75 per firearm. Use our FFL dealer directory to find transfer-friendly dealers near you.

Key Considerations for South Dakota Residents

South Dakota is one of the growing number of states that has adopted permitless carry, reflecting a trend toward fewer restrictions on the right to carry firearms. Gun owners should stay informed of any legislative changes, as firearms laws are frequently updated. The information on this page reflects the law as of 2026, but laws can change at any time. Always consult the full text of current state statutes or a licensed attorney in South Dakota before making legal decisions based on this guide.

For more information on firearms in South Dakota, visit our FFL dealer directory for South Dakota, browse upcoming gun shows in South Dakota, or check the concealed carry reciprocity map to see which states honor South Dakota's carry permits.