Is Open Carry Legal in South Dakota? (2026)
Partially — Open Carry is legal with restrictions in South Dakota as of 2026.
Law changed in 2019: South Dakota became a constitutional carry state in 2019, which was the last major change to its carry laws.
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.
- 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 |
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.
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.
Real-World Scenarios: Open Carry in South Dakota
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 →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
Explore all related legal topics in South Dakota — statutes, penalties, and enforcement in one place.