Is Constitutional Carry (Permitless Concealed Carry) Legal in South Dakota? (2026)

RESTRICTED
Confidence: High

Partially — Constitutional Carry (Permitless Concealed Carry) is legal with restrictions in South Dakota as of 2026.

Key Restriction
Age restriction: 21 years or older for permitless concealed carry
Penalty
Class 1 misdemeanor
Last Updated
2026-03-25

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...

Advertisement

Ad Space

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.

Key Conditions & Exceptions:
  • 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
Recent Changes

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.

Charge Level
Class 1 misdemeanor
Enforcement Likelihood
Moderate - Enforcement is generally focused on ensuring individuals are not prohibited from possessing a firearm and are not carrying in restricted areas.
Common Triggers
Carrying a concealed firearm while prohibited from possessing one (e.g., due to a felony conviction).Carrying a concealed firearm in a restricted location (e.g., state capitol, federal buildings, K-12 schools).Carrying a concealed firearm while under 21 years of age (if a resident) or without meeting other legal requirements.
Common Mistakes

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):

Advertisement

Ad Space

Frequently Asked Questions

Is carrying a concealed weapon without a permit legal in South Dakota?
Partially — Constitutional Carry (Permitless Concealed Carry) is legal with restrictions in South Dakota as of 2026. 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.
What are the restrictions on carrying a concealed weapon without a permit in South Dakota?
Legal for residents 21+ to carry concealed without a permit; nonresidents must have a permit.. Firearm sales regulated under SDCL Chapter 23-7; private sales allowed without background checks.
What mistakes do people make with carrying a concealed weapon without a permit in South Dakota?
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.
What is the minimum age for carrying a concealed weapon without a permit in South Dakota?
21 years or older for permitless concealed carry.
Does the law on carrying a concealed weapon without a permit change at the South Dakota border?
Yes. Constitutional Carry (Permitless Concealed Carry) is legal in neighboring North Dakota. Laws change at state lines — check each state individually before traveling.

Interactive Tools

Get Constitutional Carry (Permitless Concealed Carry) Legal Updates

Get notified when constitutional carry (permitless concealed carry) laws change in any state.

No spam. Unsubscribe anytime.

EH
Ethan Harper Independent Legal Researcher

Reviewed by cross-referencing the cited state statute against current legislative databases and regulatory publications.

Last reviewed: 2026-03-25 Method: Statute cross-reference

Sources & Verification

1.
Primary Citation
2.
Statute Summary
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 requ…
Verified: 2026-03-25 Reviewed by: Ethan Harper Method: Statute cross-reference Confidence: High

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.

Comprehensive South Dakota Legal Guides

Explore all related legal topics in South Dakota — statutes, penalties, and enforcement in one place.

More South Dakota Legality Guides

Constitutional Carry (Permitless Concealed Carry) in Other States

Advertisement

Ad Space