South Dakota Carry Laws

Prohibited Places - Where You Cannot Carry

South Dakota: Firearms prohibited in certain locations even with permit. Schools, federal buildings, courthouses, and state-specific restricted areas.

WHERE CONCEALED CARRY IS PROHIBITED

FEDERAL PROHIBITED LOCATIONS (ALL STATES)
• Schools and school grounds (Gun-Free School Zones Act - 1000 ft)
• Federal buildings and courthouses
• Post offices
• IRS offices
• VA facilities
• Military bases
• Amtrak trains and facilities
• Secured areas of airports (past TSA checkpoint)

SOUTH DAKOTA STATE PROHIBITED LOCATIONS
Check state statutes for complete list.

PENALTIES FOR VIOLATION
• Federal locations: Federal felony charges
• State locations: Varies by state - typically misdemeanor, possible felony
• Permit revocation: Likely in most cases
• Criminal record: May affect future permit eligibility

SIGNS AND POSTINGS
Watch for "No Firearms" signs. In some states, these signs have force of law.
South Dakota: Signs may not have force of law, but you can be asked to leave

PRIVATE PROPERTY
Property owners generally have the right to prohibit firearms. Respect posted signs and verbal requests.

WHEN IN DOUBT
If unsure whether carry is permitted, secure your firearm in your vehicle before entering.

Constitutional Carry - No Permit Required

South Dakota allows permitless concealed carry for anyone 18+ who can legally possess a firearm.

South Dakota enacted SB 47 in 2019. Anyone 18+ may carry concealed without permit. Open carry also legal. Prohibited places: courthouses, schools. SDCL §23-7-7. Permit to Carry available for reciprocity.

Duty to Inform - Only If Asked

South Dakota: No duty to volunteer you are carrying. No duty to volunteer

DUTY TO INFORM LAW ENFORCEMENT

SOUTH DAKOTA REQUIREMENT
Type: Only if asked
No duty to volunteer

WHAT THIS MEANS
You are not required to volunteer that you are carrying. However, if an officer asks, you must answer truthfully.

BEST PRACTICES
1. Keep your hands visible at all times
2. If asked, calmly state: 'Yes, I have a valid permit and am carrying.'
3. Do not reach for your firearm or permit unless instructed
4. Follow all officer instructions
5. Keep your permit with your driver's license for easy access

CONSEQUENCES OF NON-COMPLIANCE
Lying to an officer about carrying is a crime. If asked, always answer truthfully.

DURING TRAFFIC STOPS
• Keep hands on steering wheel
• Turn on interior light if dark
• Inform officer before reaching for documents
• Let officer control the situation

No Magazine Capacity Limit

South Dakota has no state-level magazine capacity restrictions. Standard and extended magazines are legal.

MAGAZINE CAPACITY RESTRICTIONS

SOUTH DAKOTA LAW
No state restrictions on magazine capacity.

WHAT THIS MEANS FOR YOU
You may possess and carry magazines of any capacity.
However, some local jurisdictions may have restrictions. Check local laws.

STATES WITH MAGAZINE LIMITS
| State | Limit | Notes |
|-------|-------|-------|
| CA | 10 rounds | Max 10 rounds. Large-capacity magazines prohibited... |
| CT | 10 rounds | Max 10 rounds (CGS § 53-202w)... |
| DC | 10 rounds | Max 10 rounds... |
| HI | 10 rounds | Max 10 rounds for pistols... |
| MA | 10 rounds | Max 10 rounds unless pre-ban... |
| MD | 10 rounds | Max 10 rounds... |
| NJ | 10 rounds | Max 10 rounds... |
| NY | 10 rounds | Max 10 rounds (7 for loading)... |
| OR | 10 rounds | Max 10 rounds (Measure 114, effective 2023)... |
| RI | 10 rounds | Max 10 rounds (effective June 2022)... |

IF TRAVELING FROM ANOTHER STATE
Your standard-capacity magazines are legal in South Dakota.

FEDERAL FACILITIES
Note: Some federal facilities may have their own restrictions regardless of state law.

No Red Flag Law

South Dakota does not have a state Red Flag law (Extreme Risk Protection Order statute).

RED FLAG LAWS (EXTREME RISK PROTECTION ORDERS)

SOUTH DAKOTA STATUS
No state Red Flag law

WHAT IS A RED FLAG LAW?
Extreme Risk Protection Orders (ERPOs), also known as "Red Flag" laws, allow courts to temporarily remove firearms from individuals who may pose a danger to themselves or others.

HOW ERPOS WORK (IN STATES THAT HAVE THEM)
1. Who can petition: Family members, law enforcement, sometimes medical professionals
2. Initial order: Judge may issue temporary order (often ex parte - without the subject present)
3. Hearing: Full hearing typically within 14-21 days
4. Duration: Usually 1 year, can be renewed
5. Firearms: Must be surrendered or transferred during order

STATES WITH RED FLAG LAWS
CA, CO, CT, DE, FL, HI, IL, IN, MA, MD, MI, MN, NJ, NM, NV, NY, OR, RI, VA, VT, WA

YOUR RIGHTS
In states with Red Flag laws:
• You have the right to a hearing
• You can present evidence and witnesses
• You can be represented by an attorney
• Orders can be contested and appealed
• Firearms must be returned when order expires (if not renewed)

FEDERAL NOTE
There is no federal Red Flag law, but some federal facilities may have similar policies.

No-Carry Signs - Not Criminal to Ignore

South Dakota: Check local requirements for sign laws.

"NO FIREARMS" SIGN LAWS

SOUTH DAKOTA LAW
Signs do NOT have force of law
Check state statutes for specific requirements.

WHAT THIS MEANS
Ignoring a sign is not automatically criminal. However, if the property owner asks you to leave and you refuse, you can be charged with trespassing.

STATES WHERE SIGNS HAVE FORCE OF LAW
AR, IL, KS, MO, NC, NM, OH, OK, SC, TN, TX, VA

STATES WHERE SIGNS DO NOT HAVE FORCE OF LAW
AZ, CO, FL, GA, MI, PA, WI

SIGN REQUIREMENTS
Even without force of law, signs indicate property owner's wishes:
• Clearly visible at entry points
• Specific language or symbols
• Proper size (varies by state)
• May require specific legal citations

TEXAS SPECIFIC (30.06/30.07)
Texas has unique signage:
• 30.06 Signs: Prohibit concealed carry
• 30.07 Signs: Prohibit open carry
• Must meet specific size and language requirements
• Violation is Class C misdemeanor

BEST PRACTICE
Regardless of whether signs have force of law, carrying where prohibited creates risk:
• Confrontation with property owners/staff
• Police involvement
• Potential permit issues
• When in doubt, secure firearm in vehicle

Stand Your Ground - No Duty to Retreat

South Dakota: Stand Your Ground state. No duty to retreat before using force in self-defense anywhere you have a legal right to be.

SELF-DEFENSE LAWS

SOUTH DAKOTA LAW
Stand Your Ground: YES
Castle Doctrine: YES

Stand Your Ground. No duty to retreat.

WHAT THIS MEANS

Stand Your Ground: You have no duty to retreat before using force in self-defense in any place where you have a legal right to be. If you reasonably believe force is necessary to prevent death or great bodily harm, you may defend yourself.

CASTLE DOCTRINE
South Dakota recognizes the Castle Doctrine, meaning:
• No duty to retreat in your home
• Presumption that intruders intend harm
• Greater legal protection for home defense

KEY LEGAL CONCEPTS
1. Reasonable belief: You must reasonably believe force is necessary
2. Imminent threat: The threat must be immediate
3. Proportional response: Force used should match the threat
4. Not the aggressor: You cannot claim self-defense if you started the conflict

AFTER A SELF-DEFENSE INCIDENT
1. Call 911 immediately
2. Request medical assistance if needed
3. State you were in fear for your life
4. Cooperate but exercise right to counsel
5. Do not give detailed statements without attorney

IMPORTANT WARNINGS
• Self-defense laws are complex and fact-specific
• Consult an attorney for legal advice
• Every use of force may be investigated
• Civil liability may exist even if criminally justified

Vehicle Carry - Loaded Firearms Allowed

South Dakota: Constitutional carry state. Adults may carry loaded firearms in vehicles without permit.

TRANSPORTING FIREARMS IN VEHICLES

SOUTH DAKOTA RULES
Constitutional Carry State: Loaded firearms may be carried in vehicles without a permit by eligible adults.

GENERAL GUIDELINES

With Concealed Carry Permit:
• Loaded carry in vehicle typically permitted
• Keep permit accessible
• Follow duty-to-inform rules if stopped

Without Permit:
• Constitutional carry applies - loaded carry allowed

INTERSTATE TRAVEL (FOPA PROTECTION)
Federal law (18 U.S.C. § 926A) protects interstate transport if:
• Firearm is unloaded
• Not readily accessible from passenger compartment
• Ammunition stored separately
• Legal in both origin and destination states

Note: FOPA does not protect stopping in restrictive states.

SPECIFIC SITUATIONS

Glove Box/Console:
South Dakota: Loaded carry permitted in glove box/console

Trunk:
Generally safest location for unloaded, cased firearms during transport.

Motorcycles:
Same rules apply - secure in locked container if required.

AT TRAFFIC STOPS
1. Keep hands visible
2. Inform officer if required (duty to inform)
3. Do not reach for firearm
4. Follow officer instructions