South Dakota Gun Laws
Constitutional carry. No magazine limit. Castle doctrine and stand your ground.
Last reviewed against official sources on 2026-09-25. Official state source.
South Dakota allows constitutional carry for adults 18+. The state has both castle doctrine and stand your ground protections. No magazine limits, assault weapon bans, or waiting periods exist.
Key facts
- Concealed Carry: Constitutional carry — no permit required for adults 18+ (SDCL § 23-7-7)
- Open Carry: Permitted without a permit
- Permit to Purchase: Not required
- Assault Weapon Ban: No ban
- Magazine Limit: No limit
- Waiting Period: None
- Universal Background Check: Not required for private sales
- Red Flag Law (ERPO): No state ERPO law
- Castle Doctrine: Yes (SDCL § 22-18-4.2)
- Stand Your Ground: Yes (SDCL § 22-18-4.1)
- Concealed Carry Reciprocity: No permit needed — anyone 18+ who can legally possess a handgun may carry here (formal reciprocity statute repealed 2022)
Frequently asked questions
Do I need a permit to carry in South Dakota?
No. South Dakota is a constitutional carry state. Adults 18 and older may carry concealed or openly without a permit.
Does South Dakota require background checks for private sales?
No. Private firearm sales in South Dakota do not require a background check.
Does South Dakota have a waiting period?
No. South Dakota does not impose a waiting period for firearm purchases.
Does South Dakota have a red flag law?
No. South Dakota has not enacted an extreme risk protection order law.
Does South Dakota recognize concealed carry permits from other states?
Yes. South Dakota recognizes valid concealed carry permits from any other state. Because South Dakota is a constitutional carry state, an adult 18 or older who can legally possess a firearm doesn't need a permit — from South Dakota or elsewhere — to carry concealed here.
Not legal advice. Laws change; verify with official sources.