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).

A permit is valid for four years, and the fee is $10.00 (SDCL 23-7-8.2).

The applicant must complete a form called an Application for a Temporary Permit to Carry a Concealed Pistol. The information required for the permit includes (SDCL 23-7-8): the applicant's complete name, address, occupation, place and date of birth, physical description, a statement that the applicant has never pled guilty to, nolo contendere to, or been convicted of a felony or crime of violence, a sworn statement that the information on the application is true and correct, and the applicant's signature.

Providing false information or false evidence of identity in applying for a permit to carry a concealed pistol is a Class 6 felony punishable by two years imprisonment in the state penitentiary or a fine of two thousand dollars, or both.

Those considering carrying a firearm while riding a motorcycle or off-road vehicle should review SDCL 32-20-6.6.

• 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 physically resided in and is a resident of the county where the application is being made for at least thirty days immediately preceding the date of the application;
• Has had no violations of chapter 23-7, firearms control, 22-14, unlawful use of weapons, or 22-42, controlled substances; marijuana, constituting a felony or misdemeanor in the five years preceding the date of application or is not currently charged under indictment or information for such an offense;
• Is a citizen of the United States; and
• Is not a fugitive from justice.

Any active duty military personnel with South Dakota as their home of record is considered to have met the provisions of SDCL 23-7.7.1 (SDCL 23-7-7.5).

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).

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).

The Law Enforcement Officers Safety Act of 2004 amended the Federal criminal code to authorize qualified law enforcement officers (including certain qualified retired officers) carrying the photographic identification issued by their governmental agency, notwithstanding State or local laws, to carry a concealed firearm. The federal law provides that such authorization shall not supersede State laws that: (1) permit private entities to prohibit the possession of concealed firearms on their property; or (2) prohibit the possession of firearms on State or local government property. The law also excludes from the definition of "firearm" any machine gun, firearm silencer, or destructive device.  Click here to view the Enrolled Act.
 

Pistol Permit Front & Back

Reciprocity Agreements

Pursuant to SDCL 23-7-7.3 the Attorney General and the Secretary of State are currently working on reciprocity agreements for concealed weapons permits with a number of states.

Reciprocity has been established with the following states:

Alabama
Alaska*
Arizona

Arkansas
Colorado*
Florida (including non-resident permits)*
Georgia*
Idaho
Indiana
Kentucky*
Louisiana

Maine
Michigan*
Mississippi
Missouri

Montana
North Carolina*
North Dakota (including non-resident permits)
Oklahoma
Pennsylvania
Tennessee (including non-resident permits)*
Texas
Utah (including non-resident permits)*
Virginia *

West Virginia*
Wyoming*

*Only SD permits issued to those who are 21 years of age or older are recognized.

Concealed weapons permit holders are responsible for checking with the proper authorities prior to carrying concealed weapons.

Recognition

The State of South Dakota recognizes any valid concealed pistol permit issued to a nonresident of South Dakota according to the terms of its issuance in the state of its issue. SDCL 23-7-7.4

Federal requirements are that anyone purchasing a firearm from a licensed firearms dealer must complete a Bureau of Alcohol, Tobacco & Firearms firearms transaction form 4473. This form will be maintained by the dealer.

A firearms purchaser must, under the permanent provisions of the federal Brady law, also undergo a National Instant Criminal Background Check System (NICS) check which will be performed by the firearms dealer. The check will indicate to the dealer whether or not the purchaser's background allows for the person to actually complete the purchase of the firearm. If the check disallows the sale for no warranted reason, there is an appeals process which the purchaser can pursue to receive the necessary clearance to complete the purchase.

For questions regarding federal regulations please contact the Bureau of Alcohol, Tobacco and Firearms St. Paul, MN Regulatory Office at (651) 726-0220.