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...
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.
Real-World Scenarios: Constitutional Carry (Permitless Concealed Carry) in South Dakota
Can You Cross State Lines With Constitutional Carry (Permitless Concealed Carry) From South Dakota?
This is where people get burned. South Dakota treats constitutional carry (permitless concealed carry) as restricted, but neighboring North Dakota treats it as legal. The law changes at the state line — not gradually, not with a warning sign, instantly. "I bought it legally" is not a defense in the new state. Interstate highways near the South Dakota/North Dakota border are known enforcement corridors. If you're driving with out-of-state plates in a state where constitutional carry (permitless concealed carry) is illegal, you're a target.
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 →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.
Comprehensive South Dakota Legal Guides
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