Is Constitutional Carry (Permitless Concealed Carry) Legal in South Dakota? (2026)
Partially — Constitutional Carry (Permitless Concealed Carry) is legal with restrictions in South Dakota as of 2026.
Law changed in 2019: The constitutional carry law has been in effect since 2019. In March 2025, the governor signed bills into law that allow concealed carry in bars and on public college campuses. In 2026, a bill was introduced to allow certain school employees to carry...
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Quick Answer
South Dakota allows permitless concealed carry for residents 21 years or older under SDCL § 23-7-7.5. No permit is required to carry a concealed handgun if the person is legally allowed to possess a firearm.
- Age restriction: 21 years or older for permitless concealed carry
What the Law Says
South Dakota law allows residents 21 years or older to carry a concealed handgun without a permit, provided they are legally allowed to possess a firearm. Carrying concealed without meeting these requirements is a Class 1 misdemeanor.
— South Dakota Codified Laws
| Category | Details |
|---|---|
| Permitless Carry Rules | Legal for residents 21+ to carry concealed without a permit; nonresidents must have a permit. |
| Permit Availability | Firearm sales regulated under SDCL Chapter 23-7; private sales allowed without background checks. |
| Penalties | Carrying concealed without meeting requirements is a Class 1 misdemeanor. |
| Minimum Age | 21 years or older for permitless concealed carry. |
| Pending Legislation | None known |
The constitutional carry law has been in effect since 2019. In March 2025, the governor signed bills into law that allow concealed carry in bars and on public college campuses. In 2026, a bill was introduced to allow certain school employees to carry concealed pistols.
Enforcement Reality
South Dakota has a well-established constitutional carry law. Enforcement is generally focused on ensuring that individuals are not prohibited from possessing a firearm and are not carrying in restricted areas.
A common mistake is not understanding that a permit is still required to carry in certain locations, such as the state capitol. Another is carrying a firearm in a bar or on a college campus, which was recently made legal but may still have some restrictions.
Local Exceptions
None identified. State law applies uniformly across South Dakota. Local ordinances may still vary — check with your city or county government for any additional rules.
Bottom Line
Constitutional Carry (Permitless Concealed Carry) is legal with restrictions in South Dakota. This activity is permitted, but specific conditions apply. Violating those conditions can result in fines or criminal charges. Read the rules carefully and consult an attorney if unsure.
South Dakota vs. the Rest of the US
Across the US, carrying a concealed weapon without a permit is fully legal in 23 states, restricted in 14, and illegal in 13. South Dakota falls in the RESTRICTED category.
View the full 50-state map →Neighboring States
Laws change at state lines. Here is how bordering states compare on Constitutional Carry (Permitless Concealed Carry):
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Frequently Asked Questions
Is carrying a concealed weapon without a permit legal in South Dakota?
What are the restrictions on carrying a concealed weapon without a permit in South Dakota?
What mistakes do people make with carrying a concealed weapon without a permit in South Dakota?
What is the minimum age for carrying a concealed weapon without a permit in South Dakota?
Does the law on carrying a concealed weapon without a permit change at the South Dakota border?
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Reviewed by cross-referencing the cited state statute against current legislative databases and regulatory publications.
Sources & Verification
This page was reviewed by Ethan Harper by comparing the legal status against the cited state statute. AllowedHere is an informational resource and does not provide legal advice. Consult a licensed attorney for guidance specific to your situation.
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Constitutional Carry (Permitless Concealed Carry) in Other States
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