South Dakota
background checks
handgun and long gun Restrictive
SD1032 — sales from dealer : federal
Citation:
18 U.S.C.A. § 922(t)(1)
Beginning on the date that is 30 days after the Attorney General notifies licensees under section 103(d) of the Brady Handgun Violence Prevention Act that the national instant criminal background check system is established, a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm to any other person who is not licensed under this chapter, unless- (A) before the completion of the...
Effective:
1998-11-30
South Dakota
background checks
handgun Restrictive
SD1031 — sales from dealer : federal
Citation:
18 U.S.C.A. § 922(t)
Beginning on the date that is 90 days after the date of enactment of this subsection and ending on the day before the date that is 60 months after such date of enactment, it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a handgun to an individual who is not licensed under section 923, unless- (A) after the most recent proposal of such transfer by...
Effective:
1994-02-28 Superseded:
1998-11-30
South Dakota
carrying a concealed weapon (ccw)
handgun Permissive
SD1027 — shall issue (permit not required)
Citation:
S.D. Codified Laws § 23-7-7
The issuance of a permit to carry a concealed pistol under this chapter, or the recognition of nonresident permits to carry a concealed pistol under § 23-7-7.4, does not impose a general prohibition on the carry of a pistol without a permit.
Effective:
2019-07-01
South Dakota
carrying a concealed weapon (ccw)
handgun Permissive
SD1004 — shall issue
Citation:
S.D. Codified Laws § 23-7-7
A permit to carry a concealed pistol shall be issued to any person by the sheriff of the county in which the applicant resides. The permit shall be valid throughout the state and shall be issued pursuant to § 23-7-7.1.
Effective:
1985-03-13 Superseded:
2019-07-01
South Dakota
carrying a concealed weapon (ccw)
handgun Permissive
SD1003 — may issue
Citation:
S.D. Codified Laws 21.0107
The judge of a court of record, the chief of police of a municipality, the sheriff of a county, may upon the application of any person issue a license to such person to carry a pistol in a vehicle or concealed on or about his person within this state for not more than one year from date of issue, if it appears that the applicant has good reason to fear an injury to his person or property, or has any other proper...
Effective:
1935-01-01 Superseded:
1985-03-13
South Dakota
castle doctrine
handgun and long gun Permissive
SD1006 — stand your ground
Citation:
S.D. Laws § 22-18-4
However, the person is justified in the use of deadly force only as provided in §§ 22-16-34 and 22-16-35. A person does not have a duty to retreat if the person is in a place where he or she has a right to be.
Effective:
2006-07-01
South Dakota
castle doctrine
handgun and long gun Permissive
SD1005 — traditional
Common law castle doctrine. Common law castle doctrine was solidified in the United States throughout the 19th century. “By the beginning of the twentieth century it was well accepted in the United States that a man attacked in his own home had no duty to retreat before using deadly force, so long as he reasonably believed it necessary to save his own life.” Indeed, by the 1920s, sources note that the castle...
Effective:
1900-01-01 Superseded:
2006-07-01
South Dakota
firearm removal at scene of domestic violence
handgun and long gun Restrictive
SD1044 — authorized
Citation:
S.D. Codified Laws § 25-10-24
The court may require the defendant to surrender any dangerous weapon or any concealed pistol permit issued under 23-7 in the defendant's possession to local law enforcement.
Effective:
2017-01-01
South Dakota
firearm sales restrictions
handgun and long gun Restrictive
SD1045 — assault weapons ban - Federal
Citation:
Pub. L. 103-322 Sec. 110102
This subtitle may be cited as the “Public Safety and Recreational Firearms Use Protection Act”. SEC. 110102. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION OF CERTAIN SEMIAUTOMATIC ASSAULT WEAPONS.
Effective:
1994-09-13 Superseded:
2004-09-13
South Dakota
firearm sales restrictions
handgun and long gun Restrictive
SD1047 — ban on high capacity magazines - federal
Citation:
Pub. L. 103-322 Sec. 110103
SEC. 110103. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES. << 18 USCA § 922 >> (a) PROHIBITION.-Section 922 of title 18, United States Code, as amended by section 110102(a), is amended by adding at the end the following new subsection: “(w)(1) Except as provided in paragraph (2), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device.
Effective:
1994-09-13 Superseded:
2004-09-13
South Dakota
firearms in K-12 educational settings
handgun and long gun Permissive
SD1051 — school personnel other than peace officers
Citation:
SD ST § 13-32-7 (2)(3)
Any person who intentionally carries, possesses, stores, keeps, leaves, places, or puts into the possession of another person, any dangerous weapon, firearm, or air gun, whether or not the firearm or air gun is designed, adapted, used, or intended to be used primarily for imitative or noisemaking purposes, on or in any public elementary or secondary school premises, vehicle, or building, or on or in any premises,...
Effective:
2024-07-01
South Dakota
firearms in K-12 educational settings
handgun and long gun Permissive
SD1043 — school personnel other than peace officers
Citation:
South Dakota Administrative Rules Chapter 2:01:16 - School sentinel training program
2:01:16:02. Approved basic training course. The basic training course for a school sentinel consists of a curriculum of at least 80 hours of training and includes the following subject areas: (1) Firearms proficiency; (2) Use of force; (3) Legal aspects; (4) Weapons retention; (5) Weapons storage; (6) Identifying protocol for identifying sentinel; and (7) First aid.
Effective:
2013-09-17
South Dakota
local laws preempted by state
handgun and long gun Permissive
SD1040 — comprehensive
Citation:
SDCL §§ 7-18A-36; 9-19-20, 8-5-13
No county/municipality/township may pass an ordinance that restricts or prohibits, or imposes any tax, licensure requirement, or licensure fee on the possession, storage, transportation, purchase, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components. Any ordinance prohibited by this section is null and void.
Effective:
1983-07-01
South Dakota
minimum age
handgun Restrictive
SD1009 — youth possession
Citation:
S.D. Codified Laws § 23-7-44
No person under the age of eighteen years may knowingly possess a pistol. A violation of this section is a Class 1 misdemeanor.
Effective:
1994-03-05
South Dakota
minimum age
long gun Restrictive
SD1048 — minimum age purchase - federal
Citation:
18 U.S.C. § 922(b)(1)
(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver-- (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee...
Effective:
1994-09-13
South Dakota
minimum age
handgun Restrictive
SD1049 — minimum age purchase - federal
Citation:
38 U.S.C. § 922(x)(1),(5)
(x)(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile-- (A) a handgun; or (B) ammunition that is suitable for use only in a handgun. (5) For purposes of this subsection, the term “juvenile” means a person who is less than 18 years of age.
Effective:
1994-09-13
South Dakota
minimum age
handgun Restrictive
SD1050 — minimum age possession - federal
Citation:
43 U.S.C. § 922(b)(1)(c)(1)
(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver-- (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee...
Effective:
1994-09-13
South Dakota
prohibited possessor
handgun and long gun Restrictive
SD1052 — dvro ex parte : expanded
Citation:
S.D. Codified Laws §§ 25-10-3.1, 25-10-6, 25-10-24
§ 25-10-3.1: Any person who is involved in one of the following relationships with another party: (2) Is in a significant romantic relationship or has been in one during the past twelve months with the abusing party. § 25-10-24: The court may require the defendant to surrender any dangerous weapon or any concealed pistol permit issued under 23-7 in the defendant's possession to local law enforcement. 25-10-6.
Effective:
2014-07-01
South Dakota
prohibited possessor
handgun and long gun Restrictive
SD1023 — dvro ex parte
Citation:
S.D. Codified Laws §§ 25-10-6, 25-10-24
§ 25-10-24: The court may require the defendant to surrender any dangerous weapon or any concealed pistol permit issued under 23-7 in the defendant's possession to local law enforcement. § 25-10-6.
Effective:
1989-07-01
South Dakota
waiting period
handgun Permissive
SD1016 — general
Citation:
2009 South Dakota Laws Ch. 122 (SB 70)
Repealed.
Effective:
2009-07-01
South Dakota
waiting period
handgun Restrictive
SD1015 — general
Citation:
S.D. Codified Laws § 23-7-9 (1994)
No seller may deliver a pistol to a person who has purchased a pistol until forty-eight hours have elapsed from the time of the sale of the pistol.
Effective:
1935-03-14 Superseded:
2009-07-01