Codified Laws


Text Search




Enter the text to search for and click Search to get a list of statutes containing the text you entered. Tips:
  • Multiple words will be searched as a phrase. Entering Property Tax will return statutes that contain the complete phrase Property Tax.
  • Logical Operators are allowed. Hunting and Fishing will return statutes that containing both hunting and fishing. Hunting or Fishing will return statutes that contain hunting, fishing, or both.
  • Wild cards(*) are allowed. Entering Approp* will return statutes that contain Appropriation, Appropriate, Appropriated, etc..
  • Punctuation can also be used as operators. + = and, , = or. Searching for phrases that have , and will result in error unless you enclose the entire phrase in quotes.
The Filter option allows you to narrow your search results to a specific Title or Chapter. Here is a tip for using the filter option.
  • Use a dash (-) as the last character of your filter to refine searches. For example the filter "1-1" returns sections in 1-1, 1-10, 1-11, 1-12, etc. The filter "1-1-" returns only sections in Chapter 1-1.

Quick Find



Type the Statute number you are looking for in the form Title-Chapter-Section . Examples(1-1-1.1, 27A-11A-12, etc.)

The Get Statute button can be used to locate a specific statute. You may type in a title, chapter, or section number. Example: typing 1 will return the chapter list for Title 1, typing 1-1 will return the section list for chapter 1-1, typing 1-1-1 will return section 1-1-1 of the statutes.

The Get Chapter button can be used to load a complete chapter of the statutes. This function requires a title and a chapter number. Examples: 1-1, 57A-1, 1-3

 
CHAPTER 23-7

FIREARMS CONTROL

23-7-1      Definitions applicable to chapter.
23-7-1.1      Antique or nondischargeable firearms excepted.
23-7-2      Repealed.
23-7-3      Repealed.
23-7-3.1 to 23-7-6.      Repealed.
23-7-7      Permit to carry concealed pistol--Statewide validity--Background investigation.
23-7-7.1      Requirements for issuance of temporary permit--Time requirement--Appeal of denial.
23-7-7.2      Liability of issuing authority.
23-7-7.3      Reciprocity with other states--Conditions.
23-7-7.4      Nonresident permit to carry concealed pistol--Validity in South Dakota--Application.
23-7-7.5      Active duty military personnel and spouses.
23-7-7.6      Time requirement for INTERPOL check .
23-7-8      Application for permit, enhanced permit, or gold card permit to carry concealed pistol .
23-7-8.1      Form and contents of permit, enhanced permit, and gold card permit.
23-7-8.2      Duration of permit--Fee.
23-7-8.3      Permit issued to specific person--Transfer prohibited.
23-7-8.4      Revocation of permit--Procedure.
23-7-8.5      Repealed.
23-7-8.6      List, record, or registry of privately owned firearms, owners of firearms, or holders of permits prohibited.
23-7-8.7      Application of firearm confidentiality provisions.
23-7-8.8      Law enforcement officer not restricted in performance of official duty under specified circumstances.
23-7-8.9      Retention of data by law enforcement officer limited .
23-7-8.10      Access restricted to application, record, or registry of holders of permits.
23-7-8.11      Renewal of regular permit to carry concealed pistol.
23-7-8.12      Renewal of regular concealed carry permit by deployed military service member.
23-7-8.13      Grace period for renewal of permit--Warning ticket for carrying concealed pistol with expired permit.
23-7-8.14      Grace period not applicable to certain permit holders.
23-7-9      Pistol to be delivered wrapped and unloaded--Violation as misdemeanor.
23-7-10      Repealed.
23-7-11      Regulation does not apply to sale of pistols at wholesale.
23-7-12      False information or false evidence of identity to secure pistol or permit as felony.
23-7-13 to 23-7-17.      Repealed.
23-7-18      Sale of pistol by retail dealer--Restrictions--Misdemeanor.
23-7-19      Repealed.
23-7-20      Repealed.
23-7-21 to 23-7-23.      Repealed.
23-7-24      Superseded.
23-7-25 to 23-7-39.      Repealed.


23-7-40, 23-7-41. Repealed.
23-7-42      Repealed.
23-7-43      New serial number engraved or stamped on firearm.
23-7-44      Possession of pistols by minors prohibited--Misdemeanor.
23-7-45      Exceptions to prohibition against possession of pistols by minors.
23-7-46      Prohibited transfer of firearms and ammunition to juveniles--Felony.
23-7-47      Prosecuting attorney's report to attorney general of certain names for reporting to National Instant Criminal Background Check System.
23-7-48      Attorney general's transmission of certain names to National Instant Criminal Background Check System.
23-7-49      Petition for restoration of right to possess firearm.
23-7-50      Hearing for restoration of right to possess firearm--Confidentiality of record--Order.
23-7-51      Submission of order restoring right to possess firearm for reporting to National Instant Criminal Background Check System.
23-7-52      Repealed.
23-7-53      Optional enhanced permit to carry concealed pistol--Contents of application .
23-7-54      Temporary enhanced permit to carry concealed pistol--Requirements--Records .
23-7-54.1      Fingerprint and background check for holder of enhanced permit to carry concealed pistol issued from July 1, 2015, to December 31, 2016 .
23-7-54.2      Age requirement for enhanced permit--Temporary restricted enhanced permit for individuals age eighteen to twenty.
23-7-54.3      New temporary restricted enhanced permit substituted for permit issued between July 1, 2015 and March 9, 2018.
23-7-54.4      Request for unrestricted enhanced permit upon reaching age twenty-one.
23-7-55      Duration of enhanced permit to carry concealed pistol--Identification required.
23-7-56      Renewal of enhanced permit to carry concealed pistol .
23-7-57      References, rights, and responsibilities related to permit to carry concealed pistol apply to enhanced permit and gold card permit.
23-7-58      Qualifying handgun course.
23-7-59      Use of force course for instructors.
23-7-60      Application for gold card permit to carry concealed pistol.
23-7-61      Temporary gold card permit to carry concealed pistol--Requirements--Records.
23-7-62      Renewal of gold card permit to carry concealed pistol.
23-7-63      Duration of gold card permit to carry concealed pistol.
23-7-64      Revocation of gold card or enhanced permit to carry concealed pistol--Sheriff to secure return of permit--Petition for return of permit.
23-7-65      Possession of revoked gold card or enhanced concealed pistol permit as misdemeanor.
23-7-66      Surrender to court of revoked gold card or enhanced concealed pistol permits.
23-7-67      Failure or refusal to surrender revoked gold card or enhanced permit as misdemeanor .
23-7-68      National Instant Criminal Background Check of gold card or enhanced concealed pistol permit holders.
23-7-69      Notice to secretary of state of change of name or address--Issuance of new permit.


     23-7-1.   Definitions applicable to chapter. Terms used in this chapter, unless the context otherwise requires, mean:
             (1)      "Antique firearm," a firearm as defined in subdivision § 22-1-2(4);
             (2)      "Concealed," a firearm as defined in subdivision § 22-1-2(6);
             (3)      "Crime of violence," an action as defined in subdivision § 22-1-2(9);
             (4)      "Pistol," a firearm as defined in subdivision § 22-1-2(32);
             (5)      "Seller," a person as defined in subdivision § 22-1-2(44).

Source: SDC 1939, §§ 21.0101, 21.0201; SL 1963, ch 131; SL 1972, ch 144, § 1; SL 1976, ch 158, § 43-1; SL 1978, ch 169, § 10; SL 1984, ch 177, § 1; SL 1985, ch 190, § 7.


     23-7-1.1.   Antique or nondischargeable firearms excepted. This chapter shall not apply to antique firearms or to firearms which have been permanently altered so they are incapable of being discharged.

Source: SL 1979, ch 150, § 40.


     23-7-2.   Repealed by SL 1978, ch 169, § 11


     23-7-3.   Repealed by SL 1978, ch 158, § 18


     23-7-3.1 to 23-7-6.   Repealed by SL 1976, ch 158, § 14-14


     23-7-7.   Permit to carry concealed pistol--Statewide validity--Background investigation. 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. For purposes of verifying the qualifications of an applicant, prior to issuing a permit, the sheriff shall execute, and the applicant shall pass, a background investigation, including a computer check of available on-line records and the National Instant Criminal Background Check.

Source: SDC 1939, § 21.0107; SL 1972, ch 145, § 1; SL 1985, ch 190, § 8; SL 2002, ch 118, § 4; SL 2018, ch 140, § 1.


     23-7-7.1.   Requirements for issuance of temporary permit--Time requirement--Appeal of denial. A temporary permit to carry a concealed pistol shall be issued within five days of application to a person if the applicant:
             (1)      Is eighteen years of age or older;
             (2)      Has never pled guilty to, nolo contendere to, or been convicted of a felony or a crime of violence;
             (3)      Is not habitually in an intoxicated or drugged condition;
             (4)      Has no history of violence;
             (5)      Has not been found in the previous ten years to be a "danger to others" or a "danger to self" as defined in § 27A-1-1 or is not currently adjudged mentally incompetent;
             (6)      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;
             (7)      Has had no violations of chapter 23-7, 22-14, or 22-42 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;
             (8)      Is a citizen or legal resident of the United States;
             (9)      Is not a fugitive from justice; and
             (10)      Is not otherwise prohibited by state law, 18 U.S.C. § 922(g) as amended to October 26, 2005, or 18 U.S.C. § 922(n) as amended to October 26, 2005, from receiving, possessing or transporting a firearm, and passes a National Instant Criminal Background Check.
     A person denied a permit may appeal to the circuit court pursuant to chapter 1-26.

Source: SL 1985, ch 190, § 9; SL 1986, ch 190; SL 1989, ch 210, § 1; SL 1993, ch 182, § 2; SL 1995, ch 127; SL 2002, ch 118, § 5; SL 2009, ch 121, § 2; SL 2011, ch 123, § 1; SL 2018, ch 140, § 2.


     23-7-7.2.   Liability of issuing authority. No issuing authority, that has issued the permit in conformity with this chapter, is civilly liable to any injured person or his estate for any injury suffered, including any action for any wrongful death or property damage suffered, because of the issuance of a concealed weapons permit, or temporary permit, to any person. For purposes of this section, the Division of Criminal Investigation is considered an issuing authority when issuing a certificate of completion pursuant to § 23-7-59.

Source: SL 1989, ch 210, § 2; SL 2015, ch 137, § 8.


     23-7-7.3.   Reciprocity with other states--Conditions. The attorney general shall compare South Dakota permit issuance statutes with the permit issuance statutes in states with which reciprocity is sought or requested in order to determine whether the laws of the other state meet or exceed the requirements of this chapter for the issuance of a permit. The secretary of state may enter into reciprocity agreements with other states after the attorney general has notified the secretary of state that the other states' laws meet or exceed the provisions of this chapter.

Source: SL 2002, ch 118, § 1.


     23-7-7.4.   Nonresident permit to carry concealed pistol--Validity in South Dakota--Application. Any valid permit to carry a concealed pistol, issued to a nonresident of South Dakota, is valid in South Dakota according to the terms of its issuance in the state of its issue, but only to the extent that the terms of issuance comply with any appropriate South Dakota statute or promulgated rule. However, if the holder of such a nonresident permit to carry a concealed pistol becomes, at any time, a legal resident of South Dakota, the provisions of this section no longer apply.

Source: SL 2005, ch 123, § 1.


     23-7-7.5.   Active duty military personnel and spouses. Any person who is active duty military, or the spouse of a person who is active duty military, with a home of record in South Dakota is considered to have met the provisions of subdivision 23-7-7.1(6).

Source: SL 2009, ch 121, § 3; SL 2015, ch 136, § 1.


     23-7-7.6.   Time requirement for INTERPOL check. Notwithstanding the five day requirement provided in § 23-7-7.1, if the background investigation under § 23-7-7 requires an international criminal history check through INTERPOL, the sheriff shall issue a temporary permit to carry a concealed pistol within three business days of receiving a response from INTERPOL if the applicant otherwise meets the requirements of § 23-7-7.1.

Source: SL 2011, ch 123, § 2.


     23-7-8.   Application for permit, enhanced permit, or gold card permit to carry concealed pistol. The application for a permit to carry a concealed pistol, enhanced permit to carry a concealed pistol, or a gold card permit to carry a concealed pistol shall be filed either electronically or in triplicate on a form prescribed by the secretary of state. The application shall require the applicant's complete name, address, occupation, place and date of birth, country of citizenship, physical description, a statement that the applicant has never pled guilty to, nolo contendere to, or been convicted of a crime of violence, a sworn statement that the information on the application is true and correct, and the applicant's signature. If the applicant is not a United States citizen, the application shall require any alien or admission number issued by the United States Bureau of Immigration and Customs Enforcement. If filed in triplicate, the original shall be delivered to the applicant as the temporary permit, the duplicate shall within seven days be sent by first class mail to the secretary of state who shall issue the official permit, and the triplicate shall be preserved for five years by the authority issuing the permit. If the application is filed electronically, two copies shall be made and each shall be signed by the applicant. One copy shall be delivered to the applicant as the temporary permit, and the other copy shall be preserved for five years by the authority issuing the permit.

Source: SDC 1939, § 21.0107; SL 1972, ch 145, § 2; SL 1985, ch 190, § 10; SL 2002, ch 117, § 1; SL 2002, ch 118, § 6; SL 2015, ch 137, § 9; SL 2016, ch 131, § 1; SL 2016, ch 132, § 1, eff. Jan. 1, 2017.


     23-7-8.1.   Form and contents of permit, enhanced permit, and gold card permit. The secretary of state shall prescribe the form of the permit to carry a concealed pistol, the form of the enhanced permit to carry a concealed pistol, and the form of the gold card permit to carry a concealed pistol pursuant to § 23-7-8. Each permit shall list the applicant's name, address, the expiration date, and the issuance date of the permit. The enhanced permit to carry a concealed pistol must clearly designate that the permit is enhanced and the gold card permit must clearly designate that it is a gold card permit to carry a concealed pistol. The holder of a permit may carry a concealed pistol anywhere in 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. Nothing in this section prevents law enforcement officers, Department of Corrections employees, parole agents, security guards employed on the premises, and other public officials with the written permission of the sheriff from carrying concealed weapons in the performance of their duties or prevents home or business owners from carrying concealed weapons on their property pursuant to § 22-14-11.

Source: SL 1985, ch 190, § 11; SL 1989, ch 210, § 3; SL 2009, ch 114, § 2; SL 2015, ch 137, § 10; SL 2016, ch 122, § 2; SL 2016, ch 132, § 2, eff. Jan. 1, 2017.


     23-7-8.2.   Duration of permit--Fee. The permit to carry a concealed pistol is valid for a period of five years from the date of issuance. The fee for issuing the permit is ten dollars. The local authority shall collect the fee. Seven dollars of the fee shall be remitted to the secretary of state and three dollars shall be deposited in the general fund of the county or municipality issuing the permit.

Source: SL 1985, ch 190, § 12; SL 1993, ch 182, § 1; SL 1994, ch 177, § 1; SL 1997, ch 141, § 1; SL 2013, ch 111, § 1.


     23-7-8.3.   Permit issued to specific person--Transfer prohibited. A permit to carry a concealed pistol shall be issued to a specific person only and may not be transferred from one person to another.

Source: SL 1985, ch 190, § 13.


     23-7-8.4.   Revocation of permit--Procedure. A prosecuting attorney, upon application of a law enforcement officer, may apply to the circuit court for an order to show cause why a person's permit to carry a concealed pistol should not be revoked. Upon order of the court, after hearing, the permit shall be revoked and the holder of the permit shall immediately surrender the permit to the sheriff of the county in which he resides.

Source: SL 1985, ch 190, § 14.


     23-7-8.5.   Repealed by SL 2005, ch 124, § 3.


     23-7-8.6.   List, record, or registry of privately owned firearms, owners of firearms, or holders of permits prohibited. No state agency, political subdivision, official, agent, or employee of any state agency or political subdivision may knowingly keep or cause to be kept any list, record, or registry of privately owned firearms or any list, record, or registry of the owners of those firearms, or any list, record, or registry of holders of permits to carry a concealed pistol.

Source: SL 2005, ch 124, § 1; SL 2006, ch 133, § 2.


     23-7-8.7.   Application of firearm confidentiality provisions. The provisions of § 23-7-8.6 do not apply to:
             (1)      Records of firearms that have been used in committing any crime;
             (2)      Permits to carry a concealed pistol records relating to any person who has been convicted of a felony;
             (3)      Records of the serial numbers of firearms that have been reported stolen that are retained for a period not in excess of ten days after such firearms are recovered and returned to the lawful owner. However, official documentation recording the theft of a recovered weapon may be maintained no longer than the balance of the year entered and two additional years;
             (4)      Firearm records that must be retained by firearm dealers under federal law, including copies of such records transmitted to law enforcement agencies;
             (5)      Any on duty law enforcement officer while conducting routine verification of the validity of a permit to carry a concealed pistol;
             (6)      The secretary of state for the issuance of concealed pistol permits pursuant to chapter 23-7 and any access reasonably necessary to verify information with regard to specific permits individually; and
             (7)      The preservation of the triplicate copy of the application for a permit to carry a concealed pistol by the authority issuing the permit as required by § 23-7-8.

Source: SL 2005, ch 124, § 2; SL 2009, ch 121, § 1.


     23-7-8.8.   Law enforcement officer not restricted in performance of official duty under specified circumstances. The provisions of §§ 23-7-8.6 to 23-7-8.9, inclusive, do not restrict any law enforcement officer in the performance of any official duty if the law enforcement officer is in the immediate physical presence of a permit holder who has either presented a permit to the officer or declared to the officer that he or she is a permit holder.

Source: SL 2005, ch 124, § 4.


     23-7-8.9.   Retention of data by law enforcement officer limited. The provisions of §§ 23-7-8.6 to 23-7-8.9, inclusive, do specifically prohibit any law enforcement officer from retaining any notes, data, or pieces of information, either collectively or individually, unless the retention of such notes, data, or pieces of information is pertinent to a specific ongoing investigation or prosecution. Access by law enforcement to information necessary to perform a periodic National Instant Criminal Background Check of gold card or enhanced pistol permit holders under § 23-7-68 is authorized.

Source: SL 2005, ch 124, § 5; SL 2016, ch 132, § 6, eff. Jan. 1, 2017.


     23-7-8.10.   Access restricted to application, record, or registry of holders of permits. No state agency, political subdivision, official, agent, employee of any state agency or political subdivision, may knowingly release or permit access to any application, list, record or registry of applicants or holders of permits to carry a concealed pistol to any person except another law enforcement agency or the secretary of state.

Source: SL 2006, ch 133, § 1.


     23-7-8.11.   Renewal of regular permit to carry concealed pistol. The holder of the regular permit to carry a concealed pistol may renew the permit through the sheriff of the county where the holder resides for a period beginning ninety days before the permit expires. The holder shall pay a ten-dollar renewal fee and pass a background investigation, including a computer check of available online records and the National Instant Criminal Background Check, required under § 23-7-7 prior to the renewal of the permit. The renewal fee shall be distributed as set forth in § 23-7-8.2.

Source: SL 2017, ch 102, § 1; SL 2018, ch 140, § 3.


     23-7-8.12.   Renewal of regular concealed carry permit by deployed military service member. If a South Dakota resident holds a regular concealed carry permit issued in accordance with § 23-7-7, and is a member of a state National Guard unit, the Armed Forces of the United States, or the Armed Forces Reserves of the United States, and the holder's permit expires during an active duty military assignment or deployment outside the holder's state of residence, the holder may request a renewal form application from the Office of the Secretary of State. The secretary shall prescribe the contents of the application form and any accompanying materials. The application shall be accompanied by documentation of the deployment, including dates and location of the deployment if available for disclosure; an affidavit signed by the holder's commanding officer or unit commander attesting to the identity of the holder and the fact the holder is unable to return to the state to renew; and a copy of a current, valid, government-issued identification card with a photograph of the holder. The secretary shall specify the contents of the affidavit. The holder shall mail the application, containing original signatures in ink, to the sheriff in the holder's county of residence. The sheriff shall conduct the background investigation, including a computer check of available online records and the National Instant Criminal Background Check required under § 23-7-7, within five days of receipt of the military application renewal form. The original signature of the applicant on the renewal form shall serve as the applicant's signature for the temporary permit.

Source: SL 2017, ch 101, § 1; SL 2018, ch 140, § 4.


     23-7-8.13.   Grace period for renewal of permit--Warning ticket for carrying concealed pistol with expired permit. Upon the expiration of a permit to carry a concealed pistol that was issued pursuant to this chapter, the permit holder has a sixty-day grace period to renew the permit. During the grace period, the permit holder may continue to carry a concealed pistol and the permit holder is not in violation of § 22-14-9.
     Notwithstanding this provision, a law enforcement officer may issue a warning ticket to any permit holder during the grace period who is carrying a concealed pistol with an expired permit. The warning ticket shall provide notification that the permit holder's permit is expired and that the permit holder has sixty days from the expiration date to renew the permit.

Source: SL 2017, ch 103, § 1.


     23-7-8.14.   Grace period not applicable to certain permit holders. The grace period provided in § 23-7-8.13 does not apply to any permit holder who committed a crime that would make it unlawful for the permit holder to own or possess a gun, or a permit holder who attempted to renew the holder's permit, but was denied renewal upon application for a reason provided in § 23-7-7.1.

Source: SL 2017, ch 103, § 2.


     23-7-9.   Pistol to be delivered wrapped and unloaded--Violation as misdemeanor. When a pistol is delivered, the pistol shall be securely wrapped and shall be unloaded. A pistol that is securely wrapped and delivered to a purchaser pursuant to this section is not a concealed weapon under § 22-14-9. A violation of this section is a Class 1 misdemeanor.

Source: SDC 1939, §§ 21.0109, 21.9901; SDCL § 23-7-24; SL 1969, ch 89, § 2; SL 1972, ch 144, § 3; SL 1978, ch 169, § 18; SL 1985, ch 190, § 15; SL 2005, ch 122, § 1; SL 2009, ch 122, § 1.


     23-7-10.   Repealed by SL 2009, ch 121, § 4.


     23-7-11.   Regulation does not apply to sale of pistols at wholesale. Sections 23-7-7 to 23-7-12, inclusive, do not apply to sales at wholesale.

Source: SDC 1939, § 21.0109; SL 1985, ch 190, § 17.


     23-7-12.   False information or false evidence of identity to secure pistol or permit as felony. No person, in purchasing or otherwise securing delivery of a pistol or in applying for a permit to carry a concealed pistol, may give false information or offer false evidence of his identity. A violation of this section is a Class 6 felony.

Source: SDC 1939, §§ 21.0113, 21.9901; SDCL, § 23-7-24; SL 1969, ch 89, § 2; SL 1972, ch 144, § 3; SL 1978, ch 169, § 18; SL 1985, ch 190, § 18.


     23-7-13 to 23-7-17.   Repealed by SL 1978, ch 169, §§ 12 to 16


     23-7-18.   Sale of pistol by retail dealer--Restrictions--Misdemeanor. No pistol shall be sold in violation of any provisions of this chapter, nor shall a pistol be sold under any circumstances unless the purchaser is personally known to the seller or shall present clear evidence of his identity. A violation of this section is a Class 1 misdemeanor.

Source: SDC 1939, §§ 21.0111 (3), 21.9901; SDCL, § 23-7-24; SL 1969, ch 89, § 2; SL 1972, ch 144, § 3; SL 1978, ch 169, § 18.


     23-7-19.   Repealed by SL 1985, ch 190, § 19


     23-7-20.   Repealed by SL 1978, ch 169, § 17


     23-7-21 to 23-7-23.   Repealed by SL 1976, ch 158, § 14-14


     23-7-24.   Superseded and executed


     23-7-25 to 23-7-39.   Repealed by SL 1976, ch 158, § 14-14


     23-7-40, 23-7-41.   Repealed by SL 2011, ch 122, §§ 1, 2.


     23-7-42.   Repealed by SL 1981, ch 185


     23-7-43.   New serial number engraved or stamped on firearm. Upon application by an owner of a firearm, the director of the Division of Criminal Investigation shall engrave or stamp a new serial number on any firearm on which the manufacturer's serial number has been changed, altered, removed, or obliterated.

Source: SL 1985, ch 190, § 1.


     23-7-44.   Possession of pistols by minors prohibited--Misdemeanor. No person under the age of eighteen years may knowingly possess a pistol. A violation of this section is a Class 1 misdemeanor.

Source: SL 1994, ch 172, § 1.


     23-7-45.   Exceptions to prohibition against possession of pistols by minors. The provisions of § 23-7-44 or to a criminal prosecution brought after transfer pursuant to chapter 26-11, do not apply to any minor who has the consent of the minor's parent or guardian to possess such pistol, and:
             (1)      That the minor was in the presence of the minor's parent or guardian;
             (2)      That the minor was on premises owned or leased by the minor or the minor's parent, guardian, or immediate family member;
             (3)      That the minor was in the presence of a licensed or accredited gun safety instructor; or
             (4)      That the pistol was being used for farming, ranching, hunting, trapping, target shooting, or gun safety instruction.

Source: SL 1994, ch 172, § 2.


     23-7-46.   Prohibited transfer of firearms and ammunition to juveniles--Felony. No person may sell, transfer, give, loan, furnish, or deliver a firearm or firearm ammunition to any person under the age of eighteen years if such person knows or reasonably believes that the minor recipient of the transfer intended, at the time of transfer, to use the firearm or ammunition in the commission or attempted commission of a crime of violence as defined in subdivision 22-1-2(9). The affirmative defenses contained in chapter 23-7 do not apply to a prosecution under this section. A violation of this section is a Class 5 felony.

Source: SL 1994, ch 173.


     23-7-47.   Prosecuting attorney's report to attorney general of certain names for reporting to National Instant Criminal Background Check System. The prosecuting attorney shall report to the attorney general for reporting to the National Instant Criminal Background Check System the name and other identifying information of any person who is acquitted of a crime by reason of insanity pursuant to § 23A-26-5 or who is determined to be incompetent to stand trial pursuant to § 23A-10A-4. The prosecuting attorney shall submit the report to the attorney general, in the manner and form prescribed by the attorney general, within seven working days after the date of the verdict acquitting for insanity or the adjudication of incompetency. The report may not include information relating to the person's diagnosis or treatment.

Source: SL 2014, ch 113, § 2.


     23-7-48.   Attorney general's transmission of certain names to National Instant Criminal Background Check System. The attorney general shall transmit to the National Instant Criminal Background Check System administered by the Federal Bureau of Investigation the name and other identifying information of any person who is prohibited from possessing a firearm under 18 U.S.C. 922(g)(4) because the person was acquitted of a crime by reason of insanity pursuant to § 23A-26-5, the person was determined to be incompetent to stand trial pursuant to § 23A-10A-4, or the person was involuntarily committed pursuant to chapter 27A-10 based on a finding that the person is a danger to self as defined in subdivision 27A-1-1(7)(a) or a danger to others as defined in subdivision 27A-1-1(6).

Source: SL 2014, ch 113, § 3.


     23-7-49.   Petition for restoration of right to possess firearm. A person who is prohibited from possessing a firearm pursuant to the provisions of 18 U.S.C. 922(g)(4) because of a commitment or adjudication that occurred in this state may petition the court of the county in which the person resides for the restoration of the right to possess or receive a firearm. The petitioner shall serve a copy of the petition for restoration on the state's attorney of the county in which the petition is filed. The state's attorney shall represent the state at the hearing on the petition.

Source: SL 2014, ch 113, § 4.


     23-7-50.   Hearing for restoration of right to possess firearm--Confidentiality of record--Order. Within sixty days after the date of filing the petition for restoration, the court shall conduct a hearing to determine whether the petitioner's right to possess a firearm should be restored. The record of the hearing is confidential and may only be disclosed to the parties and the Supreme Court in the event of an appeal. If the court finds, based on the preponderance of the evidence presented at the hearing, that the petitioner is not a danger to self as defined in subdivision 27A-1-1(7)(a) or a danger to others as defined in subdivision 27A-1-1(6), the court shall enter an order restoring the petitioner's right to possess a firearm and directing the attorney general to report to the National Instant Criminal Background Check System that the petitioner is no longer prohibited from possessing a firearm under 18 U.S.C. 922(g)(4).

Source: SL 2014, ch 113, § 5.


     23-7-51.   Submission of order restoring right to possess firearm for reporting to National Instant Criminal Background Check System. If the court enters an order restoring the petitioner's right to possess a firearm, the state's attorney shall submit a copy of the order to the attorney general within seven working days after the order becomes final. The attorney general shall, within seven working days after receiving the order, report to the National Instant Criminal Background Check System that the petitioner is no longer prohibited from possessing a firearm under 18 U.S.C 922(g)(4).

Source: SL 2014, ch 113, § 6.


     23-7-52.   Repealed by SL 2016, ch 133, § 1, eff. Mar. 10, 2016.


     23-7-53.   Optional enhanced permit to carry concealed pistol--Contents of application. An applicant may submit an application to the sheriff of the county in which the applicant resides for an optional enhanced permit to carry a concealed pistol. The application shall include:
             (1)      The application for the optional enhanced permit to carry a concealed pistol;
             (2)      A copy of the applicant's fingerprints for submission to the Federal Bureau of Investigation, and any governmental agency or entity authorized to receive such information, for a state, national, and international criminal history background check;
             (3)      An authorization to run a fingerprint background check;
             (4)      A separate payment for the cost of processing the fingerprint background check and, if the sheriff takes the fingerprints, the sheriff shall secure the fingerprints at no additional charge to the applicant;
             (5)      A separate application fee of one hundred dollars for the optional permit to carry a concealed pistol which shall be distributed fifty percent to the sheriff and fifty percent to the secretary of state to be used by the secretary of state to administer the concealed carry program; and
             (6)      Proof that the applicant has successfully completed a qualifying handgun course as defined in § 23-7-58 within the preceding twelve months or proof that the applicant is a current or former South Dakota law enforcement officer.
     The sheriff shall forward the copy of the applicant's fingerprints, the applicant's authorization for processing a fingerprint background check, and the payment for the fingerprint background check to the Division of Criminal Investigation for processing.

Source: SL 2015, ch 137, § 1; SL 2016, ch 131, § 2; SL 2018, ch 141, § 1, eff. Mar. 9, 2018.


     23-7-54.   Temporary enhanced permit to carry concealed pistol--Requirements--Records. The sheriff shall retain the application and other documents until the sheriff receives the results of the background checks required pursuant to § 23-7-53. Within seven days following receipt of a confirmation that the applicant passed each criminal background check required pursuant to this section and § 23-7-53, the sheriff shall file the application with the secretary of state pursuant to § 23-7-8.
     If the applicant submits an application pursuant to § 23-7-53, meets the requirements of § 23-7-7.1, is not otherwise prohibited by state law, 18 U.S.C. 922(g) as amended to October 26, 2005, or 18 U.S.C. 922(n) as amended to October 26, 2005, from receiving, possessing, or transporting a firearm, passes the required fingerprint background check, and passes a National Instant Criminal Background Check, the sheriff of the county where the applicant submitted the application shall, within thirty days of application, issue the applicant a temporary enhanced permit to carry a concealed pistol. The temporary permit must clearly designate that the permit is enhanced.

Source: SL 2015, ch 137, § 2; SL 2016, ch 132, § 3, eff. Jan. 1, 2017.


     23-7-54.1.   Fingerprint and background check for holder of enhanced permit to carry concealed pistol issued from July 1, 2015, to December 31, 2016. For any person holding an enhanced concealed carry permit, issued from July 1, 2015, to December 31, 2016, inclusive, an additional fingerprint background check and National Instant Criminal Background Check may be conducted through the sheriff of the county in which the person resides. The additional background check shall be conducted pursuant to § 23-7-54. Following receipt of the confirmation that the person passed each criminal background check pursuant to §§ 23-7-53 and 23-7-54, the sheriff shall submit an authorization to reissue the person's enhanced concealed carry permit with the secretary of state. The permit shall be reissued with a new issue date and is valid for a period of five years from the date of reissuance.

Source: SL 2017, ch 104, § 3, eff. Mar. 10, 2017.


     23-7-54.2.   Age requirement for enhanced permit--Temporary restricted enhanced permit for individuals age eighteen to twenty. Notwithstanding any other law, the age requirement for the enhanced permit is for twenty-one years of age or older.
     Any applicant between eighteen to twenty years of age, inclusive, who meets the requirements of §§ 23-7-53 and 23-7-54 and any other specified requirements and qualifications and upon the approval from the sheriff of the county where the applicant submitted the application shall be issued a temporary restricted enhanced permit that clearly designates the restricted enhanced permit is for individuals eighteen to twenty years of age, inclusive.

Source: SL 2018, ch 141, § 2, eff. Mar. 9, 2018.


     23-7-54.3.   New temporary restricted enhanced permit substituted for permit issued between July 1, 2015 and March 9, 2018. Any individual between eighteen and twenty years of age, inclusive, holding an enhanced concealed carry permit, issued between July 1, 2015, and March 9, 2018, shall be issued a new temporary restricted enhanced permit that designates the permit is for individuals eighteen to twenty years of age, inclusive.

Source: SL 2018, ch 141, § 3, eff. Mar. 9, 2018.


     23-7-54.4.   Request for unrestricted enhanced permit upon reaching age twenty-one. A person holding an unexpired restricted enhanced permit who has reached the age of twenty-one may submit a written request to the secretary of state for an unrestricted enhanced permit. The unrestricted enhanced permit shall be issued at no additional cost.

Source: SL 2018, ch 141, § 4, eff. Mar. 9, 2018.


     23-7-55.   Duration of enhanced permit to carry concealed pistol--Identification required. An enhanced permit to carry a concealed pistol is valid for five years and is only valid if carried with a government issued form of identification that includes a picture of the permit holder.

Source: SL 2015, ch 137, § 3.


     23-7-56.   Renewal of enhanced permit to carry concealed pistol. The holder of the 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 a fingerprint background check and a National Instant Criminal Background Check pursuant to § 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 shall reapply for an enhanced permit to carry a concealed pistol pursuant to § 23-7-53. The renewal fee shall be distributed fifty percent to the sheriff and fifty percent to the secretary of state to be used by the secretary of state to administer the concealed carry program.

Source: SL 2015, ch 137, § 4; SL 2016, ch 131, § 3; SL 2017, ch 104, § 1, eff. Mar. 10, 2017.


     23-7-57.   References, rights, and responsibilities related to permit to carry concealed pistol apply to enhanced permit and gold card permit. Unless otherwise specified, the references, rights, and responsibilities in this chapter related to a permit to carry a concealed pistol also apply to an enhanced permit to carry a concealed pistol and a gold card permit to carry a concealed pistol.

Source: SL 2015, ch 137, § 5; SL 2016, ch 132, § 4, eff. Jan. 1, 2017.


     23-7-58.   Qualifying handgun course. 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 Division of Criminal Investigation on the use of force. The qualifying handgun course must include instruction in each of the following:
             (1)      South Dakota law relating to firearms and the use of force;
             (2)      The basic concepts of the safe and responsible use of handguns;
             (3)      Self-defense principles; and
             (4)      Live fire training including the firing of at least ninety-eight rounds of ammunition by the student.

Source: SL 2015, ch 137, § 6.


     23-7-59.   Use of force course for instructors. The Division of Criminal Investigation 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. The Division of Criminal Investigation shall develop the use of force course and may promulgate rules pursuant to chapter 1-26 to establish the course standards for the issuance of a certificate of completion, establish a fee for the course not to exceed one hundred fifty dollars, and to implement the course.

Source: SL 2015, ch 137, § 7.


     23-7-60.   Application for gold card permit to carry concealed pistol. An applicant may submit an application to the sheriff of the county in which the applicant resides for a gold card permit to carry a concealed pistol. The application shall include:
             (1)      The application for the gold card permit to carry a concealed pistol;
             (2)      A copy of the applicant's fingerprints for submission to the Federal Bureau of Investigation, and any governmental agency or entity authorized to receive such information, for a state, national, and international criminal history background check;
             (3)      An authorization to run a fingerprint background check;
             (4)      A separate payment for the cost of processing the fingerprint background check; and
             (5)      A separate application fee of seventy dollars for the gold card permit to carry a concealed pistol. Thirty dollars of the fee shall be distributed to the sheriff, thirty-four dollars shall be distributed to the Department of Public Safety, and six dollars to the secretary of state to be used by the secretary of state to administer the concealed carry program.
     The sheriff shall forward the copy of the applicant's fingerprints, the applicant's authorization for processing a fingerprint background check, and the payment for the fingerprint background check to the Division of Criminal Investigation for processing.

Source: SL 2016, ch 132, § 7, eff. Jan. 1, 2017.


     23-7-61.   Temporary gold card permit to carry concealed pistol--Requirements--Records. The sheriff shall retain the application and other documents until the sheriff receives the results of the background checks required pursuant to § 23-7-60. Within seven days following receipt of a confirmation that the applicant passed each criminal background check required pursuant to this section and § 23-7-60, the sheriff shall file the application with the secretary of state pursuant to § 23-7-8.
     If the applicant submits an application pursuant to § 23-7-8, meets the requirements of § 23-7-7.1, is not otherwise prohibited by state law, 18 U.S.C. 922(g) as amended to October 26, 2005, or 18 U.S.C. 922(n) as amended to October 26, 2005, from receiving, possessing, or transporting a firearm, passes the required fingerprint background check, and passes a National Instant Criminal Background Check, the sheriff of the county of the application shall, within thirty days of application, issue the applicant a temporary gold card permit to carry a concealed pistol. The temporary permit must clearly designate that the permit is a gold card permit.

Source: SL 2016, ch 132, § 8, eff. Jan. 1, 2017.


     23-7-62.   Renewal of gold card permit to carry concealed pistol. The holder of the gold card permit to carry a concealed pistol may renew the permit through the sheriff of the county where the holder resides, no earlier than ninety days prior to the expiration of the permit. The holder shall pay a seventy dollar renewal fee and pass a fingerprint background check and a National Instant Criminal Background Check pursuant to § 23-7-61 prior to the renewal of the permit. The renewal fee shall be distributed as set forth in subdivision 23-7-60(5).

Source: SL 2016, ch 132, § 9, eff. Jan. 1, 2017; SL 2017, ch 104, § 2, eff. Mar. 10, 2017.


     23-7-63.   Duration of gold card permit to carry concealed pistol. The gold card permit to carry a concealed pistol is valid for a period of five years from the date of issuance.

Source: SL 2016, ch 132, § 10, eff. Jan. 1, 2017.


     23-7-64.   Revocation of gold card or enhanced permit to carry concealed pistol-Sheriff to secure return of permit--Petition for return of permit. A gold card permit to carry a concealed pistol or an enhanced permit to carry a concealed pistol is automatically revoked upon failure to maintain the requirements under § 23-7-7.1 or if the gold card or enhanced permit holder becomes prohibited by state law, 18 U.S.C. 922(g) as amended to October 26, 2005, or 18 U.S.C. 922(n) as amended to October 26, 2005, from receiving, possessing, or transporting a firearm.
     Upon such occurrence, the permit holder shall immediately return the gold card or enhanced concealed pistol permit to the county sheriff of the permit holder's county of residence. If the permit has not been returned, upon learning that a permit holder is ineligible for a gold card or enhanced permit for any violent crime or for a crime punishable by more than one year of incarceration, the sheriff of the permit holder's county of residence shall secure the possession and return of the gold card or enhanced permit forthwith. For any other disqualifying offense set forth above the sheriff of the permit holder's county of residence shall secure the possession and return of the gold card or enhanced permit as soon as reasonably possible after being notified of the holders ineligibility. A gold card or enhanced permit holder whose permit has been secured by law enforcement under this section may petition the circuit court for the return of the gold card or enhanced permit if the permit holder believes the gold card or enhanced permit was unlawfully secured. Law enforcement may communicate with federally licensed firearms dealers relative to revoked gold card or enhanced permits.

Source: SL 2016, ch 132, § 11, eff. Jan. 1, 2017.


     23-7-65.   Possession of revoked gold card or enhanced concealed pistol permit as misdemeanor. It is a Class 1 misdemeanor for anyone that is ineligible to possess a gold card or enhanced concealed pistol permit to possess or present a revoked gold card or enhanced concealed pistol permit.

Source: SL 2016, ch 132, § 12, eff. Jan. 1, 2017.


     23-7-66.   Surrender to court of revoked gold card or enhanced concealed pistol permits. If any person is convicted of any offense which results in the automatic revocation of a gold card or enhanced permit to carry a concealed pistol under this chapter, the court entering the conviction shall require the surrender to the court of all gold card or enhanced concealed pistol permits held by the person convicted. The court shall forward all gold card and enhanced concealed pistol permits to the sheriff of the defendant's county of residence.

Source: SL 2016, ch 132, § 13, eff. Jan. 1, 2017.


     23-7-67.   Failure or refusal to surrender revoked gold card or enhanced permit as misdemeanor. It is a Class 1 misdemeanor for a person to fail or refuse to surrender to the county sheriff of the person's county of residence, upon lawful demand, a gold card or enhanced permit to carry a concealed pistol that has been revoked. If a person fails to return a gold card or enhanced permit to the sheriff of the person's county of residence after lawful demand, the sheriff shall direct a law enforcement officer to secure its possession and return in compliance with § 23-7-64. The law enforcement officer shall receive ten dollars and fifty cents plus mileage, at a rate established by the State Board of Finance, to be paid by the violator. Failure to pay the fee and mileage is a Class 2 misdemeanor.

Source: SL 2016, ch 132, § 14, eff. Jan. 1, 2017.


     23-7-68.   National Instant Criminal Background Check of gold card or enhanced concealed pistol permit holders. Law enforcement may periodically perform a National Instant Criminal Background Check of gold card or enhanced concealed pistol permit holders for the purposes of determining whether the permit holder remains eligible for the permit under § 23-7-7.1, 18 U.S.C. 922(g) as amended to October 26, 2005, and 18 U.S.C. 922(n) as amended to October 26, 2005.

Source: SL 2016, ch 132, § 15, eff. Jan. 1, 2017.


     23-7-69.   Notice to secretary of state of change of name or address--Issuance of new permit. A person who has been issued a permit to carry a concealed pistol shall maintain current information on the permit by notifying the secretary of state in writing of a change in the person's name due to marriage or court order or of a change in physical address. If the revised address is located within South Dakota, the secretary of state shall provide a new permit to the person.
     The county sheriff may issue a temporary permit or the secretary of state may issue an updated permit that reflects an address outside of South Dakota in the following instances:
             (1)      For a South Dakota resident who is active duty military personnel, or the spouse of a person who is active duty military, with a home of record in South Dakota; or
             (2)      For a South Dakota permit holder whose home is physically located in South Dakota but has an official postal address located within in a county in another state that shares a border with South Dakota.
     The fee for processing a replacement permit is two dollars and shall be used by the secretary of state to administer the concealed carry program.

Source: SL 2018, ch 141, § 5, eff. Mar. 9, 2018.


Back to Title 23