South Dakota Gun Laws
SDSouth Dakota at a glance
Neighboring states: Iowa, Minnesota, Montana, Nebraska, North Dakota, Wyoming
Firearm Regulations
Key Notes
Permitless carry since July 2019. Gold Card permit available to skip NICS check and for reciprocity. Strong preemption — no locality may restrict firearm ownership or possession.
- •Permitless (18+) — Adults 18 and older can carry concealed without a permit since July 2019.
- •Gold Card Permit — An optional Gold Card permit (requires training) allows you to skip the NICS background check at dealers and provides reciprocity with more states.
- •Unrestricted (NFA) — All NFA items (SBRs, SBS, suppressors, machine guns, destructive devices) are legal under state law. Federally, ATF announced on October 9, 2026 that it would stop enforcing the National Firearms Act's approval, registration and tax stamp requirements for suppressors, short barreled rifles, short barreled shotguns and any other weapons (AOWs). This is an enforcement policy, not a change to the National Firearms Act; the law is still on the books and the policy can be reversed or challenged. Machine guns and destructive devices still need ATF approval.
- •State Preemption: Yes — Strong preemption law prevents any locality from restricting firearm ownership, possession, or transfer.
- •Yes, no permit (Open Carry) — Open carry of handguns and long guns is legal without any permit.
Last updated October 10, 2026
How South Dakota Law Affects Your Build
Plain-English implications for builders, derived from the regulations above.
Standard AR-15 Configurations Allowed
South Dakota does not restrict semi-automatic rifles by feature. Standard AR-15 configurations — including pistol grips, collapsible stocks, threaded barrels, and flash hiders — are legal for sale and ownership.
No Magazine Capacity Limit
Standard 30-round AR-15 magazines (and larger drums) are legal for sale and use in South Dakota.
NFA Items Permitted
South Dakota allows ownership of NFA items under state law, including suppressors, short-barreled rifles (SBRs), and short-barreled shotguns (SBS); machine guns still need an approved ATF transfer. ATF announced on October 9, 2026 that it would stop enforcing the National Firearms Act's approval, registration and tax stamp requirements for suppressors, short barreled rifles, short barreled shotguns and any other weapons (AOWs). This is an enforcement policy, not a change to the National Firearms Act; the law is still on the books and the policy can be reversed or challenged. Some states only allow suppressors and SBRs that are federally registered or possessed in compliance with federal law. Check your state's statute before you buy.
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South Dakota Gun Laws — Frequently Asked Questions
- Is the AR-15 legal in South Dakota?
- Yes. South Dakota does not have an assault weapon ban. Standard AR-15 rifles are legal to own, purchase, and build.
- What is the magazine capacity limit in South Dakota?
- South Dakota has no magazine capacity limit. Standard 30-round AR-15 magazines and larger capacities are legal.
- Does South Dakota require a permit to buy a firearm?
- No. South Dakota does not require a state-level permit or license to purchase a firearm. Federal background-check requirements still apply at licensed dealers.
- Can I conceal carry in South Dakota?
- South Dakota concealed carry status: Permitless (18+). No permit is required for residents who can legally own a firearm.
- Is open carry legal in South Dakota?
- South Dakota open carry: Yes, no permit. Local restrictions may still apply in cities, parks, schools, or government buildings.
- Are suppressors and SBRs legal in South Dakota?
- Yes. South Dakota allows suppressors, short-barreled rifles (SBRs), and short-barreled shotguns under state law. Taking an SBR or SBS across state lines still needs an approved ATF Form 5320.20. ATF announced on October 9, 2026 that it would stop enforcing the National Firearms Act's approval, registration and tax stamp requirements for suppressors, short barreled rifles, short barreled shotguns and any other weapons (AOWs). This is an enforcement policy, not a change to the National Firearms Act; the law is still on the books and the policy can be reversed or challenged. Some states only allow suppressors and SBRs that are federally registered or possessed in compliance with federal law. Check your state's statute before you buy.
- Does South Dakota require background checks for private sales?
- No. South Dakota does not require background checks for private (non-dealer) firearm transfers, though federal law still requires checks for all licensed-dealer sales.
Sources & Further Reading
Verify current South Dakota firearm law with these authoritative resources. Laws change — always confirm with primary sources before purchasing or carrying.
- Giffords Law Center — comprehensive state-by-state firearm law summaries and policy analysis.
- NRA-ILA State Gun Laws — state directory with statute references and recent legislative updates.
- Everytown Research State Rankings — research-driven scoring and policy explanations across all 50 states.
- ATF Firearms — federal regulations on NFA items, FFL transfers, and firearm classifications.
Traveling to South Dakota with a gun?
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Check a trip to South Dakota →Legal Disclaimer: This page is for informational and educational purposes only and does not constitute legal advice. Firearm laws change frequently and vary by jurisdiction. Always verify current regulations with official state sources, a qualified attorney, or local law enforcement before making purchasing or carrying decisions. GunPartPicker is not responsible for errors, omissions, or actions taken based on this information.