Title 23 — LAW ENFORCEMENT

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…

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 Repealed by SL 1978, ch 169 , § 11 23-7-3. Repealed by SL 1978, ch 158 , § 18 23-7-3.1 to 23-7-6.…

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 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 Repealed by SL 1978, ch 169 , §§ 12 to 16 23-7-18 Sale of pistol by retail dealer--Restrict…

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.

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;…

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.…

Repealed by SL 1985, ch 190 , § 19 23-7-20

Repealed by SL 1978, ch 169 , § 11 23-7-3

Repealed by SL 1976, ch 158 , § 14-14 23-7-24

Repealed by SL 1976, ch 158 , § 14-14 23-7-40 23-7-40 , 23-7-41. Repealed by SL 2011, ch 122 , §§ 1, 2. 23-7-42

Repealed by SL 1976, ch 158 , § 14-14 23-7-7 Permit to carry concealed pistol--Background investigation--Carrying pistol without permit not prohibited. 23-7-7.1 Requirements for issuance of temporary permit--Time requirement--Appeal of denial. 23-7-7.2 Authority issuing permit--L…

23-7-44 Possession of pistols by minors prohibited--Misdemeanor. 23-7-45 Possession of pistols by minors--Exceptions to prohibitions. 23-7-46 Prohibited transfer of firearms and ammunition to juveniles--Felony. 23-7-47 Prosecuting attorney's report to attorney general of certain …

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.

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.

The provisions of § 23-7-44 are not applicable to a minor and a criminal prosecution for possession of a pistol brought after transfer pursuant to chapter 26-11 is not applicable to a minor if the minor had the prior written consent of the minor's parent or guardian to possess th…

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 o…

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 determi…

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 …

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 …

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 t…

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 r…

Mar. 10, 2016. 23-7-53 Enhanced permit to carry concealed pistol--Application. 23-7-54 Temporary enhanced permit to carry concealed pistol--Requirements--Records. 23-7-54.1 Repealed. 23-7-54.2 Age requirement for enhanced permit--Temporary restricted enhanced permit for individua…

An applicant must 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 must include: (1) A copy of the applicant's fingerprints for submission to the Federal Bureau of Inve…

The sheriff shall retain the application and other documents until the sheriff receives the results of the background checks required pursuant to §

Source: SL 2017, ch 104 , § 3, eff. Mar. 10, 2017; SL 2020, ch 95 , § 1, eff. Mar. 25, 2020; SL 2023, ch 77 , § 1.

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 qual…

Source: SL 2018, ch 141 , § 3, eff. Mar. 9, 2018; SL 2023, ch 77 , § 2.

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 1…

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.

A person who holds an enhanced permit to carry a concealed pistol may renew the permit through the sheriff of the county in which the person resides. The period for renewal begins twelve months before the permit expires and ends thirty days after the permit expires. In order to r…

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;…

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 mus…

The Division of Criminal Investigation shall, at least once every six months, offer a course that is focused on the use of force, including applicable state laws, and open to National Rifle Association certified pistol instructors. The Division of Criminal Investigation shall dev…

An instructor, certified in accordance with § 23-7-59 , is not liable for any personal injury, wrongful death, or damages, resulting from the conduct, acts, or omissions of a current or former student handling a firearm, unless the instructor, during the course of providing instr…

An applicant must 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 must include: (1) A copy of the applicant's fingerprints for submission to the Federal Bureau of Investigation…

The sheriff shall retain the application and other documents until the sheriff receives the results of the background checks required pursuant to §

A person who holds a gold card permit to carry a concealed pistol may renew the permit through the sheriff of the county in which the person resides. The period for renewal begins one hundred eighty days before the permit expires and ends thirty days after the permit expires. In …

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.

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 …

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.

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 …

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 enha…

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 …

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 ad…

A permit to carry a concealed pistol must be issued to any applicant by the sheriff of the county in which the applicant resides. The permit must be valid throughout the state and must be issued pursuant to §

A temporary permit to carry a concealed pistol shall be issued to a person under § 23-7-7 within five days of application if the person: (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; …

An authority that issued a permit to carry a concealed pistol in accordance with this chapter is not liable to any person or a person's estate for any injury suffered, including wrongful death, or for any damages, because the authority issued the permit. Source: SL 1989, ch 210 ,…

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 iss…

Source: SL 2005, ch 123 , § 1; SL 2019, ch 113 , § 9; SL 2022, ch 69 , § 3.

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.