Effective January 23, 2017, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) approved the background check purchase exemption from the Brady Handgun Violence Protection Act for South Dakota Gold Card Permits and Enhanced Permits issued on or after 1/1/2017. Beginning January 1, 2017, the criteria for the background check changed to include federal disqualifiers under 18 U.S.C. 922(g) or (n). This is outlined in South Dakota Codified Law 23-7-54. As these requirements were not part of the FBI fingerprint background checks completed prior to 1/1/2017, ATF will not approve the background check purchase exemption for Enhanced Permits issued prior to this date.
Send a letter requesting a replacement to the Secretary of State's Office (500 East Capitol Ave, Ste. 204, Pierre, SD 57501). Please include:
A new or renewed Permit to Carry a Concealed Pistol may be obtained from the sheriff of the county which the applicant is a resident. South Dakota residents and nonresidents who may lawfully possess a pistol are not required to have a permit in order to carry a concealed pistol in the state. (SDCL 23-7-7).
Duration of permit and fees
Three types of permits are available in South Dakota - a regular permit, a gold card permit and an enhanced permit. All three permits are valid for five years. The enhanced permit is only valid when is it carried with a government issued form of identification that includes a picture of the permit holder (SDCL 23-7-8.2, SDCL 23-7-55).
The holder of the enhanced permit may renew the permit through the sheriff of the county where the holder resides for a period beginning ninety days before the permit expires and ending thirty days after expiration of the permit, if the holder pays the fifty dollar renewal fee and passes both a fingerprint background check and National Instant Criminal Background Check pursuant to SDCL 23-7-54. If the holder of the enhanced permit to carry a concealed pistol does not renew the permit within thirty days of expiration of the permit, the holder must reapply for an enhanced permit to carry a concealed pistol as outlined in SDCL 23-7-53 (SDCL 23-7-56). The holder of a gold card permit may renew the permit within 90 days of expiration (SDCL 23-7-62), and a holder of a regular permit may renew 90 days prior to expiration (23-7-8.11).
As per SDCL 23-7-8.13, individuals possessing a permit issued in accordance with chapter 23-7 have a sixty day grace period to renew the permit. During the grace period the permit holder may continue to carry a concealed pistol without violating SDCL 22-14-9; however, law enforcement may issue a warning ticket in this situation to notify the permit holder of the expired status. This grace period does not apply to any permit holder who commits a crime that would make it unlawful for the permit holder to possess a gun, or a permit holder who attempted to renew the holder's permit, but was denied (23-7-8.14).
For both regular and enhanced permits the applicant must meet the following requirements (SDCL 23-7-7.1):
In addition to the above requirements, the enhanced permit also requires the following:
The sheriff shall forward the copy of the applicant's fingerprints, along with the applicant's authorization and payment to DCI for processing (SDCL 23-7-53).
The gold card permit requires the FBI fingerprint background check, but not the handgun course.
The applicant for a regular or enhanced permit shall complete the Application for a Temporary Permit to Carry a Concealed Pistol form. The information required for the permit includes: the applicant's complete name, address, occupation, place and date of birth, physical description, a statement that the applicant has never pled guilty or nolo contendere 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 (SDCL 23-7-8).
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 up to two years imprisonment in the state penitentiary or a fine of two thousand dollars, or both.
The sheriff will issue a regular temporary permit within five days from the date of application (SDCL 23-7-7.1). Because of the fingerprint background investigation required for an enhanced permit, the issuance of the enhanced temporary permit may take longer.
Within seven days after the regular or enhanced temporary permit has been issued, the sheriff shall send a copy of the application to the Secretary of State's Office, who will issue the official permit within 30 days of the issuance of the temporary permit (SDCL 23-7-8).
Qualifying handgun course for enhanced permits
A qualifying handgun course is any handgun course that is taught by a National Rifle Association certified instructor who also holds a current certificate of completion from the South Dakota DCI on the use of force. The qualifying handgun course must include instruction in each of the following:
DCI shall offer at least one course focused on the use of force, including applicable state laws, per year, open to National Rifle Association certified instructors. DCI shall develop the use of force instruction and sets the course standards for the issuance of a certificate of completion and establishes the fee for the course (SDCL 23-7-59).
For specific information regarding the training instructors or classes, please contact the Division of Criminal Investigation by clicking here or calling (605) 773-3331.
Active Duty Military and Spouses
Any active duty military personnel or the spouse of a person who is active duty military with South Dakota as their home of record is considered to have met the residency requirements under SDCL 23-7-7.1 (6) (See also SDCL 23-7-7.5). For military personnel that possess a regular concealed carry permit that expires while the holder is deployed outside of the holder's state of residence, the holder may complete the following application form (click here) and have his or her unit commander or commanding officer attest to the identity of the holder. The application form and required accompanying documents are then mailed to the sheriff of the county of the holder's residence in South Dakota for the background check. If approved, the temporary permit will be forwarded to the military member (SDCL 23-7-8.12).
Exceptions for carrying concealed
Concealed carry of a 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 or state capitol 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).
According to SDCL 32-20-6.6, no person, other than a law enforcement officer or conservation officer, or any person on the person's own land or land leased by the person, may operate or ride on any motorcycle or off-road vehicle with any firearm in the person's possession unless the firearm is completely unloaded and within a carrying case enclosing the entire firearm. However, this section does not apply to any person who is carrying a pistol and possesses a permit to carry a concealed pistol issued pursuant to chapter 23-7. The restrictions in this section do not apply to a utility-terrain vehicle (UTV) or any vehicle that is designed for four or more low pressure tires or rubberized tracks, and has a seat a person sits upon, and has a steering wheel or to any person who holds a disabled hunter permit issued under SDCL 41-8-37 while engaged in hunting from an off-road vehicle in accordance with the provisions of the permit. This section shall be enforced by all law enforcement officers including conservation officers. A violation of this section is a Class 2 misdemeanor.
Law Enforcement Officers Safety Act
The Law Enforcement Officers Safety Act (LEOSA) of 2004 amended the federal law to authorize qualified law enforcement officers or qualified retired law enforcement officers who carry photographic identification issued by their governmental agency, notwithstanding any other provision of law to carry a concealed firearm. The federal law provides this 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 any machine gun, firearm silencer, or destructive device from the definition of "firearm". Click here to view the Enrolled Act.
The LEOSA was amended in 2010 to extend the coverage to include law enforcement officers of Amtrak Police, Federal Reserve Police and law enforcement officers of the executive branch of the federal government, along with military law enforcement personnel. The aggregate years retired officers was reduced from fifteen to ten. Click here to view the 2010 amendment.
The LEOSA was further amended in 2013 to clarify the definition of "qualified active" and "qualified retired" law enforcement officer, along with the term "police officer", expanding the powers of arrest requirement definition to include those who have or had the authority to "apprehend" suspects under the Uniform Code of Military Justice. Click here to view the 2013 amendment.
Regulations for concealed carry within National Parks
For regulation on concealed carry within national parks, please contact the National Park Service for up-to-date information.
Sample Pistol Permit Front & Back