South Dakota Concealed Carry CCW Laws and Information
Right-To-Carry Law Type: Shall Issue.
Local county sheriff or the local police are the issuing authorities. South Dakota recognizes all state-issued CCW permits/licenses.
Permit to Carry a Concealed Pistol
An individual who wishes to carry a concealed pistol on or about his person or in a vehicle must obtain a Permit to Carry a Concealed Pistol (SDCL 22-14-9). A person does not need a permit to own a pistol, keep it in his home, business, or property, or visibly carry it (SDCL 22-14-11).
Carrying a concealed pistol without a permit is a class 1 misdemeanor punishable by one year imprisonment in a county jail or one thousand dollars, fine, or both (SDCL 22-14-9).
A Permit to Carry a Concealed Pistol may be obtained from the sheriff of the county which the applicant is a resident (SDCL 23-7-7).
The permit is valid throughout South Dakota except in any licensed on-sale malt beverage or alcoholic beverage establishment that derives over one-half of its total income from the sale of malt or alcoholic beverages (SDCL 23-7-8.1); any county courthouse as defined in SDCL 22-14-22; or any elementary or secondary schools (SDCL 13-32-7). The permit is not transferable from one person to another (SDCL 23-7-8.3).
*Only SD permits issued to those who are 21 years of age or older are recognized in Alaska, Colorado, Georgia, Kentucky, Michigan, North Carolina, West Virgina.
South Dakota is one of our "Gold Star" open carry states. Open carry is common in many parts of South Dakota and all firearm laws are fully preempted at the state level. Please see http://opencarry.org/
How should a firearm be transported?
22-14-9. Carrying pistol or revolver without a permit as misdemeanor. Any person, other than a law enforcement officer when acting as such, is guilty of a Class 1 misdemeanor if he:
(1) Carries a pistol or revolver, loaded or unloaded, concealed on or about his person without a permit as provided in chapter 23-7; or
(2) Carries a pistol or revolver, loaded or unloaded, concealed in any vehicle operated by him, without a permit as provided in chapter 23-7.
22-14-9.1. Person possessing concealed pistol to have physical possession of valid permit -- Violation as petty offense -- Charge dismissed. No person may possess a concealed pistol in accordance with chapter 23-7 or this chapter unless that person also has in his or her physical possession a valid South Dakota permit to carry a concealed pistol or a permit effective pursuant to § 23-7-7.3. A violation of this section is a petty offense. However, if within twenty-four hours of being charged with a violation of this section, the person produces a permit to carry a concealed pistol which was valid at the time of the alleged offense in the office of the officer making the demand, the charge shall be dismissed.
22-14-9.2. Holders of permits from reciprocal states subject to South Dakota laws -- Violation a misdemeanor. Any person who is permitted to carry a concealed pistol in a state with which the secretary of state has entered into a reciprocity agreement pursuant to § § 23-7-7.3, 22-14-9.1, 22-1-49.2, 23-7-7, 23-7-7.1, and 23-7-8 may carry a concealed pistol in this state if the permit holder carries the pistol in compliance with the laws of this state. A violation of this section is a Class 1 misdemeanor.
22-14-10. Lawful uses of unloaded pistols or revolvers exempt from concealment prohibition and permit requirement. Section 22-14-9 does not apply to persons who carry one or more unloaded pistols or revolvers for the purpose of, or in connection with, any lawful use, if the unloaded weapon or weapons are carried:
(1) In the trunk or other closed compartment of a vehicle; or
(2) In a closed container which is too large to be effectively concealed on the person or within his clothing. The container may be carried in a vehicle or in any other manner.
Any person who complies with this section may not be required to obtain a permit for the lawful uses herein described.
What are the requirements for getting a permit
The applicant must also meet the following requirements (SDCL 23-7-7.1):
Is eighteen years-of age or older;
Has never pled guilty to, nolo contendere to, or been convicted of a felony or a crime of violence; Note: "Crime of violence" is defined in SDCL 22-1-2 (9)
Is not habitually in an intoxicated or drugged condition;
Has no history of violence;
Has not been found in the previous ten years to be a "danger to others" or a "danger to self" as defined in SDCL 27A-1-1 or is not currently adjudged mentally incompetent;
Has been a resident of the county or municipality where the application is being made for at least thirty days;
Has had no violations of chapter 23-7, firearms control, 22-14, unlawful use of weapons, or 22-42, controlled substances; marijuana, in the five years preceding the date of application;
Is a citizen of the United States; and
Is not a fugitive from justice.
What is the process for getting a CCW permit
The sheriff will issue a temporary permit within five days from the date of application (SDCL 23-7-7.1).
Within seven days after the temporary permit has been issued, the sheriff sends a copy of the application to the secretary of state who issues the official permit (SDCL 23-7-8).
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