State Gun Laws for South Dakota
South Dakota State Gun And Self-Defense Laws: YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL. *Always Consult An Attorney.
home, workplace, occupied vehicle.
How to obtain a Concealed Carry Permit in South Dakota
( South Dakota is a "shall issue" state for concealed carry. Permitless carry will be legal as of July 1, 2019.)
A Permit to Carry a Concealed Pistol may be obtained from the Sheriff of the county which the applicant is a resident.
The local county sheriff shall issue a permit to carry a concealed pistol to qualified applicants. A temporary permit shall be issued within five days of the application. Concealed carry is not permitted at an elementary or secondary school, in a courthouse, or in any establishment that derives over half of its income from the sale of alcoholic beverages. For non-residents, South Dakota recognizes valid concealed carry permits from any other state.
Open carry is legal in South Dakota and does not require a concealed pistol permit. Firearms may be transported in vehicles if they are clearly visible.
Prior to issuing the permit, the sheriff shall execute a background investigation, including a criminal history check, of every applicant for the purposes of verify the qualifications of the applicant pursuant to the requirements. A background investigation is defined as a computer check of available on-line records. The permit is valid for 4 years.
The sheriff will issue a temporary permit within five days from the date of application. 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.
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.
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South Dakota Sate Gun Laws Vary From All Other States
State gun laws vary significantly from in South Dakota to all other states. The laws identify different gun related laws including the possession, the use, and the sale of firearms and ammunition, and in some states it even regulates accessories that can be used on the gun including the capacity of magazine sizes for both semi-automatic rifles, shotguns, and handguns. Also, many states even including South Dakota have regulations regarding the number of rounds that can be in a shotgun tube or magazine. (For Hunting) There are even specific gun laws unique to the District of Columbia and for US held territories.
Many state gun laws are even more restrictive than federal laws in both their content, their form, and the restriction of what types of weapons and ammunition can be sold within the state and the manner in which they can be possessed by state or territorial residents. It is vital that all residents of South Dakota know ALL of the State Gun Laws!
As of 2019 there are 44 states that have some special provisions in their state constitutions that are very similar in language used in the second amendment of the United States Constitution, specifically language which protects the citizens of the State the rights to keep and bear arms.
In South Dakota As In All States You Must Know The Gun Laws
The states which are well known to be anti-gun, and seem to have obvious political leanings against the Second Amendment are New York, California, New Jersey, Iowa, Minnesota and Maryland. Luckily, in the US supreme court decision of McDonald vs. Chicago; That the protections of the Second Amendment to keep and bear arms for self defense in one’s home apply against state governments and their politically motivated provisions, thereby preventing a state from abolishing completely any second amendment protections afforded by the US Constitution.
Typically, and in many cases State Gun Laws (Firearms) of South Dakota are usually less restrictive than federal laws yet is not always the case, and one must be aware of these restrictions anytime they are purchasing or carrying a firearm in South Dakota especially while using a concealed carry permit and traveling between states. There are many states that have reciprocity agreements and South Dakota may be one of them, the recipocity are very specific on what states your particular permit will be accepted and recognized.
If You Travel From South Dakota With A Gun Know The Recipocity Laws!
Keep in mind that although your South Dakota permit may have a reciprocity agreement with a state you plan to visit the visiting state may have individual gun restrictions preventing your particular firearm or type of ammunition from being in their state, it is always wise to do your homework before traveling, keep in mind that a reciprocity CCW permit is not a blanket approval.
Remember this does not automatically include any de jure immunity against prosecution for violating any South Dakota state gun laws or possible violations of any federal gun laws!
It should be noted that South Dakota state and local police departments are generally not legally required or obligated to enforce federal gun laws as per the US Supreme Court ruling in Printz vs. The United States.
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