Is Open Carry Legal in South Dakota? (2026)

RESTRICTED
Confidence: High

Partially — Open Carry is legal with restrictions in South Dakota as of 2026.

Key Restriction
Age restriction: 18+ for long guns, 21+ for handguns
Penalty
No criminal penalty for legal open carry.
Last Updated
2026-03-25

Law changed in 2019: South Dakota became a constitutional carry state in 2019, which was the last major change to its carry laws.

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Quick Answer

Open carry of firearms is legal with restrictions in South Dakota without a permit for adults who are legally allowed to possess firearms. South Dakota became a constitutional carry state in 2019, which was the last major change to its carry laws.

Key Conditions & Exceptions:
  • Age restriction: 18+ for long guns, 21+ for handguns

What the Law Says

South Dakota law allows for both open and concealed carry without a permit for any person who is legally able to possess a firearm. There are no criminal penalties for lawful open carry.

S.D. Const. art. VI, § 24
Category Details
Open Carry Rules Legal without permit for eligible adults
Permit Requirements Legal through licensed dealers
Penalties Prohibited in certain locations (schools, courthouses, etc.).
Minimum Age 18+ for long guns, 21+ for handguns
Pending Legislation None known
Recent Changes

South Dakota became a constitutional carry state in 2019, which was the last major change to its carry laws.

Enforcement Reality

South Dakota is a constitutional carry state, allowing for both open and concealed carry without a permit for anyone who can legally possess a firearm. Open carry is legal and accepted.

Charge Level
No criminal penalty for legal open carry.
Enforcement Likelihood
Very low, as South Dakota is a constitutional carry state.
Common Triggers
Carrying in a prohibited location or being a prohibited possessor.
Common Mistakes

A common mistake is carrying a firearm in a courthouse or a place that is posted as prohibiting firearms.

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

Open 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, open carrying a firearm is fully legal in 0 states, restricted in 45, and illegal in 5. 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 Open Carry:

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Frequently Asked Questions

Is open carrying a firearm legal in South Dakota?
Partially — Open Carry is legal with restrictions in South Dakota as of 2026. Open carry of firearms is legal with restrictions in South Dakota without a permit for adults who are legally allowed to possess firearms. South Dakota became a constitutional carry state in 2019, which was the last major change to its carry laws.
What are the restrictions on open carrying a firearm in South Dakota?
Legal without permit for eligible adults. Legal through licensed dealers
What mistakes do people make with open carrying a firearm in South Dakota?
A common mistake is carrying a firearm in a courthouse or a place that is posted as prohibiting firearms.
What is the minimum age for open carrying a firearm in South Dakota?
18+ for long guns, 21+ for handguns

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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 for both open and concealed carry without a permit for any person who is legally able to possess a firearm. There are no criminal penalties for lawful open carry.
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.

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