CHAPTER 23-7
FIREARMS CONTROL
23-7-1 Definitions applicable to chapter.
23-7-1.1 Antique or nondischargeable firearms excepted.
23-7-2 23-7-2. Repealed by SL 1978, ch 169, § 11
23-7-3 23-7-3. Repealed by SL 1978, ch 158, § 18
23-7-3.1 23-7-3.1 to 23-7-6. Repealed by SL 1976, ch 158, § 14-14
23-7-7 Permit to carry concealed pistol--Background investigation--Carrying pistol without permit not prohibited.
23-7-7.1 Requirements for issuance of temporary permit--Time requirement--Appeal of denial.
23-7-7.2 Authority issuing permit--Liability limitation.
23-7-7.3 Reciprocity with other states--Conditions.
23-7-7.4 Repealed.
23-7-7.5 Active duty military personnel and spouses.
23-7-7.6 Time requirement for INTERPOL check.
23-7-8 Application for permit, enhanced permit, or gold card permit to carry concealed pistol.
23-7-8.1 Form and contents of permit, enhanced permit, and gold card permit.
23-7-8.2 Duration of permit.
23-7-8.3 Permit issued to specific person--Transfer prohibited.
23-7-8.4 Revocation of permit--Procedure.
23-7-8.5 23-7-8.5. Repealed by SL 2005, ch 124, § 3.
23-7-8.6 List, record, or registry of privately owned firearms, owners of firearms, or holders of permits prohibited.
23-7-8.7 Application of firearm confidentiality provisions.
23-7-8.8 Law enforcement officer not restricted in performance of official duty under specified circumstances.
23-7-8.9 Retention of data by law enforcement officer limited.
23-7-8.10 Access restricted to application, record, or registry of holders of permits.
23-7-8.11 Renewal of regular permit to carry concealed pistol.
23-7-8.12 Renewal of regular concealed carry permit by deployed military service member.
23-7-8.13 Grace period for renewal of permit.
23-7-8.14 Grace period not applicable to certain permit holders.
23-7-9 Pistol to be delivered wrapped and unloaded--Violation as misdemeanor.
23-7-10 23-7-10. Repealed by SL 2009, ch 121, § 4.
23-7-11 Regulation does not apply to sale of pistols at wholesale.
23-7-12 False information or false evidence of identity to secure pistol or permit as felony.
23-7-13 23-7-13 to 23-7-17. Repealed by SL 1978, ch 169, §§ 12 to 16
23-7-18 Sale of pistol by retail dealer--Restrictions--Misdemeanor.
23-7-19 23-7-19. Repealed by SL 1985, ch 190, § 19
23-7-20 23-7-20. Repealed by SL 1978, ch 169, § 17
23-7-21 23-7-21 to 23-7-23. Repealed by SL 1976, ch 158, § 14-14
23-7-24 23-7-24. Superseded and executed
23-7-25 23-7-25 to 23-7-39. Repealed by SL 1976, ch 158, § 14-14
23-7-40 23-7-40, 23-7-41. Repealed by SL 2011, ch 122, §§ 1, 2.
23-7-42 23-7-42. Repealed by SL 1981, ch 185
23-7-43 New serial number engraved or stamped on firearm.
23-7-44 Possession of pistols by minors prohibited--Misdemeanor.
23-7-45 Possession of pistols by minors--Exceptions to prohibitions.
23-7-46 Prohibited transfer of firearms and ammunition to juveniles--Felony.
23-7-47 Prosecuting attorney's report to attorney general of certain names for reporting to National Instant Criminal Background Check System.
23-7-48 Attorney general's transmission of certain names to National Instant Criminal Background Check System.
23-7-49 Petition for restoration of right to possess firearm.
23-7-50 Hearing for restoration of right to possess firearm--Confidentiality of record--Order.
23-7-51 Submission of order restoring right to possess firearm for reporting to National Instant Criminal Background Check System.
23-7-52 23-7-52. Repealed by SL 2016, ch 133, § 1, eff. Mar. 10, 2016.
23-7-53 Enhanced permit to carry concealed pistol--Application.
23-7-54 Temporary enhanced permit to carry concealed pistol--Requirements--Records.
23-7-54.1 Repealed.
23-7-54.2 Age requirement for enhanced permit--Temporary restricted enhanced permit for individuals age eighteen to twenty.
23-7-54.3 Repealed.
23-7-54.4 Request for unrestricted enhanced permit upon reaching age twenty-one.
23-7-55 Duration of enhanced permit to carry concealed pistol--Identification required.
23-7-56 Enhanced permit--Renewal--Requirements.
23-7-57 References, rights, and responsibilities related to permit to carry concealed pistol apply to enhanced permit and gold card permit.
23-7-58 Qualifying handgun course.
23-7-59 Use of force course--Standards--Promulgation of rules—Liability limitation.
23-7-59.1 Certified instructors--Actions of students--Liability limitation.
23-7-60 Gold card permit to carry concealed pistol--Application.
23-7-61 Temporary gold card permit to carry concealed pistol--Requirements--Records.
23-7-62 Gold card permit--Renewal--Requirements.
23-7-63 Duration of gold card permit to carry concealed pistol.
23-7-64 Revocation of gold card or enhanced permit to carry concealed pistol-Sheriff to secure return of permit--Petition for return of permit.
23-7-65 Possession of revoked gold card or enhanced concealed pistol permit as misdemeanor.
23-7-66 Surrender to court of revoked gold card or enhanced concealed pistol permits.
23-7-67 Failure or refusal to surrender revoked gold card or enhanced permit as misdemeanor.
23-7-68 National Instant Criminal Background Check of gold card or enhanced concealed pistol permit holders.
23-7-69 Notice to secretary of state of change of name or address--Issuance of new permit.
23-7-70 Repealed.
23-7-71 Minors prohibited from carrying concealed pistol except with parent or guardian.
23-7-72 Concealed carry permit fees--Reimbursement to county.
23-7-1. Definitions applicable to chapter.
Terms used in this chapter, unless the context otherwise requires, mean:
(1) \"Antique firearm,\" a firearm as defined in subdivision § 22-1-2(4);
(2) \"Concealed,\" a firearm as defined in subdivision § 22-1-2(6);
(3) \"Crime of violence,\" an action as defined in subdivision § 22-1-2(9);
(4) \"Pistol,\" a firearm as defined in subdivision § 22-1-2(32);
(5) \"Seller,\" a person as defined in subdivision § 22-1-2(44).
Source: SDC 1939, §§ 21.0101, 21.0201; SL 1963, ch 131; SL 1972, ch 144, § 1; SL 1976, ch 158, § 43-1; SL 1978, ch 169, § 10; SL 1984, ch 177, § 1; SL 1985, ch 190, § 7.
23-7-1.1. Antique or nondischargeable firearms excepted.
This chapter shall not apply to antique firearms or to firearms which have been permanently altered so they are incapable of being discharged.
Source: SL 1979, ch 150, § 40.
23-7-7. Permit to carry concealed pistol--Background investigation--Carrying pistol without permit not prohibited.
A permit to carry a concealed pistol must be issued to any applicant by the sheriff of the county in which the applicant resides. The permit must be valid throughout the state and must be issued pursuant to § 23-7-7.1. For purposes of verifying the qualifications of an applicant, prior to issuing a permit, the sheriff shall execute, and the applicant shall pass, a background investigation, including a computer check of available on-line records and a check utilizing the National Instant Criminal Background Check System. The issuance of a permit to carry a concealed pistol under this chapter does not impose a general prohibition on the carrying of a pistol without a permit.
Source: SDC 1939, § 21.0107; SL 1972, ch 145, § 1; SL 1985, ch 190, § 8; SL 2002, ch 118, § 4; SL 2018, ch 140, § 1; SL 2019, ch 113, § 6; SL 2022, ch 69, § 2.
23-7-7.1. Requirements for issuance of temporary permit--Time requirement--Appeal of denial.
A temporary permit to carry a concealed pistol shall be issued to a person under § 23-7-7 within five days of application if the person:
(1) Is eighteen years of age or older;
(2) Has never pled guilty to, nolo contendere to, or been convicted of a felony or a crime of violence;
(3) Is not habitually in an intoxicated or drugged condition;
(4) Has no history of violence;
(5) Has not been found in the previous ten years to be a danger to others or a danger to self as defined in § 27A-1-1 or is not currently adjudged mentally incompetent;
(6) Has physically resided in and is a resident of the county where the application is being made for at least thirty days immediately preceding the date of the application;
(7) Has had no violation of chapter 23-7, 22-14, or 22-42 constituting a felony or misdemeanor in the five years preceding the date of application or is not currently charged under indictment or information for such an offense;
(8) Is a citizen or legal resident of the United States;
(9) Is not a fugitive from justice; and
(10) Is not otherwise prohibited by state law, 18 U.S.C. § 922(g) as amended to October 26, 2005, or 18 U.S.C. § 922(n) as amended to October 26, 2005, from receiving, possessing or transporting a firearm, and passes a National Instant Criminal Background Check.
A person denied a permit may appeal to the circuit court pursuant to chapter 1-26.
Source: SL 1985, ch 190, § 9; SL 1986, ch 190; SL 1989, ch 210, § 1; SL 1993, ch 182, § 2; SL 1995, ch 127; SL 2002, ch 118, § 5; SL 2009, ch 121, § 2; SL 2011, ch 123, § 1; SL 2018, ch 140, § 2; SL 2019, ch 113, § 7.
23-7-7.2. Authority issuing permit--Liability limitation.
An authority that issued a permit to carry a concealed pistol in accordance with this chapter is not liable to any person or a person's estate for any injury suffered, including wrongful death, or for any damages, because the authority issued the permit.
Source: SL 1989, ch 210, § 2; SL 2015, ch 137, § 8; SL 2019, ch 113, § 8; SL 2023, ch 76, § 1.
23-7-7.3. Reciprocity with other states--Conditions.
The attorney general shall compare South Dakota permit issuance statutes with the permit issuance statutes in states with which reciprocity is sought or requested in order to determine whether the laws of the other state meet or exceed the requirements of this chapter for the issuance of a permit. The secretary of state may enter into reciprocity agreements with other states after the attorney general has notified the secretary of state that the other states' laws meet or exceed the provisions of this chapter.
Source: SL 2002, ch 118, § 1.
23-7-7.5. Active duty military personnel and spouses.
Any person who is active duty military, or the spouse of a person who is active duty military, with a home of record in South Dakota is considered to have met the provisions of subdivision 23-7-7.1(6).
Source: SL 2009, ch 121, § 3; SL 2015, ch 136, § 1.
23-7-7.6. Time requirement for INTERPOL check.
Notwithstanding the five day requirement provided in § 23-7-7.1, if the background investigation under § 23-7-7 requires an international criminal history check through INTERPOL, the sheriff shall issue a temporary permit to carry a concealed pistol within three business days of receiving a response from INTERPOL if the applicant otherwise meets the requirements of § 23-7-7.1.
Source: SL 2011, ch 123, § 2.
23-7-8. Application for permit, enhanced permit, or gold card permit to carry concealed pistol.
The application for a permit to carry a concealed pistol, enhanced permit to carry a concealed pistol, or a gold card permit to carry a concealed pistol shall be filed either electronically or in triplicate on a form prescribed by the secretary of state. The application shall require the applicant's complete name, address, occupation, place and date of birth, country of citizenship, physical description, a statement that the applicant has never pled guilty to, nolo contendere to, or been convicted of a crime of violence, a sworn statement that the information on the application is true and correct, and the applicant's signature. If the applicant is not a United States citizen, the application shall require any alien or admission number issued by the United States Bureau of Immigration and Customs Enforcement. If filed in triplicate, the original shall be delivered to the applicant as the temporary permit, the duplicate shall within seven days be sent by first class mail to the secretary of state who shall issue the official permit, and the triplicate shall be preserved for five years by the authority issuing the permit. If the application is filed electronically, two copies shall be made and each shall be signed by the applicant. One copy shall be delivered to the applicant as the temporary permit, and the other copy shall be preserved for five years by the authority issuing the permit.
Source: SDC 1939, § 21.0107; SL 1972, ch 145, § 2; SL 1985, ch 190, § 10; SL 2002, ch 117, § 1; SL 2002, ch 118, § 6; SL 2015, ch 137, § 9; SL 2016, ch 131, § 1; SL 2016, ch 132, § 1, eff. Jan. 1, 2017.
23-7-8.1. Form and contents of permit, enhanced permit, and gold card permit.
The secretary of state shall prescribe the form of the permit to carry a concealed pistol, the form of the enhanced permit to carry a concealed pistol, and the form of the gold card permit to carry a concealed pistol pursuant to § 23-7-8. Each permit shall list the applicant's name, address, the expiration date, and the issuance date of the permit. The enhanced permit to carry a concealed pistol shall clearly designate that the permit is enhanced and the gold card permit shall clearly designate that it is a gold card permit to carry a concealed pistol. Nothing in this section prevents any law enforcement officer, Department of Corrections employee, parole agent, security guard employed on the premises, or any other public official, with the written permission of the sheriff, from carrying a concealed weapon in the performance of that person's duties.
Source: SL 1985, ch 190, § 11; SL 1989, ch 210, § 3; SL 2009, ch 114, § 2; SL 2015, ch 137, § 10; SL 2016, ch 122, § 2; SL 2016, ch 132, § 2, eff. Jan. 1, 2017; SL 2019, ch 113, § 11.
23-7-8.2. Duration of permit.
The permit to carry a concealed pistol is valid for a period of five years from the date of issuance.
Source: SL 1985, ch 190, § 12; SL 1993, ch 182, § 1; SL 1994, ch 177, § 1; SL 1997, ch 141, § 1; SL 2013, ch 111, § 1; SL 2021, ch 104, § 1; SL 2022, ch 70, § 1.
23-7-8.3. Permit issued to specific person--Transfer prohibited.
A permit to carry a concealed pistol shall be issued to a specific person only and may not be transferred from one person to another.
Source: SL 1985, ch 190, § 13.
23-7-8.4. Revocation of permit--Procedure.
A prosecuting attorney, upon application of a law enforcement officer, may apply to the circuit court for an order to show cause why a person's permit to carry a concealed pistol should not be revoked. Upon order of the court, after hearing, the permit shall be revoked and the holder of the permit shall immediately surrender the permit to the sheriff of the county in which he resides.
Source: SL 1985, ch 190, § 14.
23-7-8.6. List, record, or registry of privately owned firearms, owners of firearms, or holders of permits prohibited.
No state agency, political subdivision, official, agent, or employee of any state agency or political subdivision may knowingly keep or cause to be kept any list, record, or registry of privately owned firearms or any list, record, or registry of the owners of those firearms, or any list, record, or registry of holders of permits to carry a concealed pistol.
Source: SL 2005, ch 124, § 1; SL 2006, ch 133, § 2.
23-7-8.7. Application of firearm confidentiality provisions.
The provisions of § 23-7-8.6 do not apply to:
(1) Records of firearms that have been used in committing any crime;
(2) Permits to carry a concealed pistol records relating to any person who has been convicted of a felony;
(3) Records of the serial numbers of firearms that have been reported stolen that are retained for a period not in excess of ten days after such firearms are recovered and returned to the lawful owner. However, official documentation recording the theft of a recovered weapon may be maintained no longer than the balance of the year entered and two additional years;
(4) Firearm records that must be retained by firearm dealers under federal law, including copies of such records transmitted to law enforcement agencies;
(5) Any on duty law enforcement officer while conducting routine verification of the validity of a permit to carry a concealed pistol;
(6) The secretary of state for the issuance of concealed pistol permits pursuant to chapter 23-7 and any access reasonably necessary to verify information with regard to specific permits individually; and
(7) The preservation of the triplicate copy of the application for a permit to carry a concealed pistol by the authority issuing the permit as required by § 23-7-8.
Source: SL 2005, ch 124, § 2; SL 2009, ch 121, § 1.
23-7-8.8. Law enforcement officer not restricted in performance of official duty under specified circumstances.
The provisions of §§ 23-7-8.6 to 23-7-8.9, inclusive, do not restrict any law enforcement officer in the performance of any official duty if the law enforcement officer is in the immediate physical presence of a permit holder who has either presented a permit to the officer or declared to the officer that he or she is a permit holder.
Source: SL 2005, ch 124, § 4.
23-7-8.9. Retention of data by law enforcement officer limited.
The provisions of §§ 23-7-8.6 to 23-7-8.9, inclusive, do specifically prohibit any law enforcement officer from retaining any notes, data, or pieces of information, either collectively or individually, unless the retention of such notes, data, or pieces of information is pertinent to a specific ongoing investigation or prosecution. Access by law enforcement to information necessary to perform a periodic National Instant Criminal Background Check of gold card or enhanced pistol permit holders under § 23-7-68 is authorized.
Source: SL 2005, ch 124, § 5; SL 2016, ch 132, § 6, eff. Jan. 1, 2017.
23-7-8.10. Access restricted to application, record, or registry of holders of permits.
No state agency, political subdivision, official, agent, employee of any state agency or political subdivision, may knowingly release or permit access to any application, list, record or registry of applicants or holders of permits to carry a concealed pistol to any person except another law enforcement agency or the secretary of state.
Source: SL 2006, ch 133, § 1.
23-7-8.11. Renewal of regular permit to carry concealed pistol.
The holder of the regular permit to carry a concealed pistol may renew the permit through the sheriff of the county where the holder resides for a period beginning ninety days before the permit expires. The holder must pass a background investigation, including a computer check of available online records and the National Instant Criminal Background Check, required under § 23-7-7 prior to the renewal of the permit.
Source: SL 2017, ch 102, § 1; SL 2018, ch 140, § 3; SL 2022, ch 70, § 2.
23-7-8.12. Renewal of regular concealed carry permit by deployed military service member.
If a South Dakota resident holds a regular concealed carry permit issued in accordance with § 23-7-7, and is a member of a state National Guard unit, the Armed Forces of the United States, or the Armed Forces Reserves of the United States, and the holder's permit expires during an active duty military assignment or deployment outside the holder's state of residence, the holder may request a renewal form application from the Office of the Secretary of State. The secretary shall prescribe the contents of the application form and any accompanying materials. The application shall be accompanied by documentation of the deployment, including dates and location of the deployment if available for disclosure; an affidavit signed by the holder's commanding officer or unit commander attesting to the identity of the holder and the fact the holder is unable to return to the state to renew; and a copy of a current, valid, government-issued identification card with a photograph of the holder. The secretary shall specify the contents of the affidavit. The holder shall mail the application, containing original signatures in ink, to the sheriff in the holder's county of residence. The sheriff shall conduct the background investigation, including a computer check of available online records and the National Instant Criminal Background Check required under § 23-7-7, within five days of receipt of the military application renewal form. The original signature of the applicant on the renewal form shall serve as the applicant's signature for the temporary permit.
Source: SL 2017, ch 101, § 1; SL 2018, ch 140, § 4.
23-7-8.13. Grace period for renewal of permit.
Upon the expiration of a permit to carry a concealed pistol that was issued pursuant to this chapter, the permit holder has a thirty-day grace period to renew the permit. During the grace period, the permit holder may continue to carry a concealed pistol.
Source: SL 2017, ch 103, § 1; SL 2019, ch 113, § 12; SL 2020, ch 96, § 1.
23-7-8.14. Grace period not applicable to certain permit holders.
The grace period provided in § 23-7-8.13 does not apply to any permit holder who committed a crime that would make it unlawful for the permit holder to own or possess a gun, or a permit holder who attempted to renew the holder's permit, but was denied renewal upon application for a reason provided in § 23-7-7.1.
Source: SL 2017, ch 103, § 2.
23-7-9. Pistol to be delivered wrapped and unloaded--Violation as misdemeanor.
Any pistol that is delivered shall be securely wrapped and shall be unloaded. A violation of this section is a Class 1 misdemeanor.
Source: SDC 1939, §§ 21.0109, 21.9901; SDCL § 23-7-24; SL 1969, ch 89, § 2; SL 1972, ch 144, § 3; SL 1978, ch 169, § 18; SL 1985, ch 190, § 15; SL 2005, ch 122, § 1; SL 2009, ch 122, § 1; SL 2019, ch 113, § 13.
23-7-11. Regulation does not apply to sale of pistols at wholesale.
Sections 23-7-7 to 23-7-12, inclusive, do not apply to sales at wholesale.
Source: SDC 1939, § 21.0109; SL 1985, ch 190, § 17.
23-7-12. False information or false evidence of identity to secure pistol or permit as felony.
No person, in purchasing or otherwise securing delivery of a pistol or in applying for a permit to carry a concealed pistol, may give false information or offer false evidence of his identity. A violation of this section is a Class 6 felony.
Source: SDC 1939, §§ 21.0113, 21.9901; SDCL, § 23-7-24; SL 1969, ch 89, § 2; SL 1972, ch 144, § 3; SL 1978, ch 169, § 18; SL 1985, ch 190, § 18.
23-7-18. Sale of pistol by retail dealer--Restrictions--Misdemeanor.
No pistol shall be sold in violation of any provisions of this chapter, nor shall a pistol be sold under any circumstances unless the purchaser is personally known to the seller or shall present clear evidence of his identity. A violation of this section is a Class 1 misdemeanor.
Source: SDC 1939, §§ 21.0111 (3), 21.9901; SDCL, § 23-7-24; SL 1969, ch 89, § 2; SL 1972, ch 144, § 3; SL 1978, ch 169, § 18.
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23-7-43. New serial number engraved or stamped on firearm.
Upon application by an owner of a firearm, the director of the Division of Criminal Investigation shall engrave or stamp a new serial number on any firearm on which the manufacturer's serial number has been changed, altered, removed, or obliterated.
Source: SL 1985, ch 190, § 1.
23-7-44. Possession of pistols by minors prohibited--Misdemeanor.
No person under the age of eighteen years may knowingly possess a pistol. A violation of this section is a Class 1 misdemeanor.
Source: SL 1994, ch 172, § 1.
23-7-45. Possession of pistols by minors--Exceptions to prohibitions.
The provisions of § 23-7-44 are not applicable to a minor and a criminal prosecution for possession of a pistol brought after transfer pursuant to chapter 26-11 is not applicable to a minor if the minor had the prior written consent of the minor's parent or guardian to possess the pistol, and:
(1) The minor was on premises owned or leased by the minor or the minor's parent, guardian, or immediate family member;
(2) The minor was in the presence of a licensed or accredited gun safety instructor; or
(3) The pistol was being used for farming, ranching, hunting, trapping, target shooting, or gun safety instruction.
Source: SL 1994, ch 172, § 2; SL 2020, ch 93, § 1.
23-7-46. Prohibited transfer of firearms and ammunition to juveniles--Felony.
No person may sell, transfer, give, loan, furnish, or deliver a firearm or firearm ammunition to any person under the age of eighteen years if such person knows or reasonably believes that the minor recipient of the transfer intended, at the time of transfer, to use the firearm or ammunition in the commission or attempted commission of a crime of violence as defined in subdivision 22-1-2(9). The affirmative defenses contained in chapter 23-7 do not apply to a prosecution under this section. A violation of this section is a Class 5 felony.
Source: SL 1994, ch 173.
23-7-47. Prosecuting attorney's report to attorney general of certain names for reporting to National Instant Criminal Background Check System.
The prosecuting attorney shall report to the attorney general for reporting to the National Instant Criminal Background Check System the name and other identifying information of any person who is acquitted of a crime by reason of insanity pursuant to § 23A-26-5 or who is determined to be incompetent to stand trial pursuant to § 23A-10A-4. The prosecuting attorney shall submit the report to the attorney general, in the manner and form prescribed by the attorney general, within seven working days after the date of the verdict acquitting for insanity or the adjudication of incompetency. The report may not include information relating to the person's diagnosis or treatment.
Source: SL 2014, ch 113, § 2.
23-7-48. Attorney general's transmission of certain names to National Instant Criminal Background Check System.
The attorney general shall transmit to the National Instant Criminal Background Check System administered by the Federal Bureau of Investigation the name and other identifying information of any person who is prohibited from possessing a firearm under 18 U.S.C. 922(g)(4) because the person was acquitted of a crime by reason of insanity pursuant to § 23A-26-5, the person was determined to be incompetent to stand trial pursuant to § 23A-10A-4, or the person was involuntarily committed pursuant to chapter 27A-10 based on a finding that the person is a danger to self as defined in subdivision 27A-1-1(7)(a) or a danger to others as defined in subdivision 27A-1-1(6).
Source: SL 2014, ch 113, § 3.
23-7-49. Petition for restoration of right to possess firearm.
A person who is prohibited from possessing a firearm pursuant to the provisions of 18 U.S.C. 922(g)(4) because of a commitment or adjudication that occurred in this state may petition the court of the county in which the person resides for the restoration of the right to possess or receive a firearm. The petitioner shall serve a copy of the petition for restoration on the state's attorney of the county in which the petition is filed. The state's attorney shall represent the state at the hearing on the petition.
Source: SL 2014, ch 113, § 4.
23-7-50. Hearing for restoration of right to possess firearm--Confidentiality of record--Order.
Within sixty days after the date of filing the petition for restoration, the court shall conduct a hearing to determine whether the petitioner's right to possess a firearm should be restored. The record of the hearing is confidential and may only be disclosed to the parties and the Supreme Court in the event of an appeal. If the court finds, based on the preponderance of the evidence presented at the hearing, that the petitioner is not a danger to self as defined in subdivision 27A-1-1(7)(a) or a danger to others as defined in subdivision 27A-1-1(6), the court shall enter an order restoring the petitioner's right to possess a firearm and directing the attorney general to report to the National Instant Criminal Background Check System that the petitioner is no longer prohibited from possessing a firearm under 18 U.S.C. 922(g)(4).
Source: SL 2014, ch 113, § 5.
23-7-51. Submission of order restoring right to possess firearm for reporting to National Instant Criminal Background Check System.
If the court enters an order restoring the petitioner's right to possess a firearm, the state's attorney shall submit a copy of the order to the attorney general within seven working days after the order becomes final. The attorney general shall, within seven working days after receiving the order, report to the National Instant Criminal Background Check System that the petitioner is no longer prohibited from possessing a firearm under 18 U.S.C 922(g)(4).
Source: SL 2014, ch 113, § 6.
23-7-53. Enhanced permit to carry concealed pistol--Application.
An applicant must submit an application, to the sheriff of the county in which the applicant resides, for an optional enhanced permit to carry a concealed pistol. The application must include:
(1) A copy of the applicant's fingerprints for submission to the Federal Bureau of Investigation, and any governmental agency or entity authorized to receive such information, for a state, national, and international criminal background check;
(2) An authorization to run a fingerprint background check;
(3) If the sheriff takes the fingerprints, the sheriff shall secure the fingerprints at no additional charge to the applicant; and
(4) Proof that the applicant:
(a) Has successfully completed a qualifying handgun course as defined in § 23-7-58, within the preceding twelve months; or
(b) Is a current or former law enforcement officer and has, within the preceding twelve months, qualified or requalified on a certified shooting course administered by a firearms instructor approved by the Law Enforcement Officers Standards Commission.
The sheriff shall forward the copy of the applicant's fingerprints, the applicant's authorization for processing a criminal background check, and the payment for the criminal background check to the Division of Criminal Investigation for processing.
Source: SL 2015, ch 137, § 1; SL 2016, ch 131, § 2; SL 2018, ch 141, § 1, eff. Mar. 9, 2018; SL 2020, ch 94, § 1; SL 2021, ch 104, § 2; SL 2022, ch 70, § 3.
23-7-54. Temporary enhanced permit to carry concealed pistol--Requirements--Records.
The sheriff shall retain the application and other documents until the sheriff receives the results of the background checks required pursuant to § 23-7-53. Within seven days following receipt of a confirmation that the applicant passed each criminal background check required pursuant to this section and § 23-7-53, the sheriff shall file the application with the secretary of state pursuant to § 23-7-8.
If the applicant submits an application pursuant to § 23-7-53, meets the requirements of § 23-7-7.1, is not otherwise prohibited by state law, 18 U.S.C. 922(g) as amended to October 26, 2005, or 18 U.S.C. 922(n) as amended to October 26, 2005, from receiving, possessing, or transporting a firearm, passes the required fingerprint background check, and passes a National Instant Criminal Background Check, the sheriff of the county where the applicant submitted the application shall, within thirty days of application, issue the applicant a temporary enhanced permit to carry a concealed pistol. The temporary permit must clearly designate that the permit is enhanced.
Source: SL 2015, ch 137, § 2; SL 2016, ch 132, § 3, eff. Jan. 1, 2017.
23-7-54.1. Repealed.
Source: SL 2017, ch 104, § 3, eff. Mar. 10, 2017; SL 2020, ch 95, § 1, eff. Mar. 25, 2020; SL 2023, ch 77, § 1.
23-7-54.2. Age requirement for enhanced permit--Temporary restricted enhanced permit for individuals age eighteen to twenty.
Notwithstanding any other law, the age requirement for the enhanced permit is for twenty-one years of age or older.
Any applicant between eighteen to twenty years of age, inclusive, who meets the requirements of §§ 23-7-53 and 23-7-54 and any other specified requirements and qualifications and upon the approval from the sheriff of the county where the applicant submitted the application shall be issued a temporary restricted enhanced permit that clearly designates the restricted enhanced permit is for individuals eighteen to twenty years of age, inclusive.
Source: SL 2018, ch 141, § 2, eff. Mar. 9, 2018.
23-7-54.4. Request for unrestricted enhanced permit upon reaching age twenty-one.
A person holding an unexpired restricted enhanced permit who has reached the age of twenty-one may submit a written request to the secretary of state for an unrestricted enhanced permit. The unrestricted enhanced permit shall be issued at no additional cost.
Source: SL 2018, ch 141, § 4, eff. Mar. 9, 2018.
23-7-55. Duration of enhanced permit to carry concealed pistol--Identification required.
An enhanced permit to carry a concealed pistol is valid for five years and is only valid if carried with a government issued form of identification that includes a picture of the permit holder.
Source: SL 2015, ch 137, § 3.
23-7-56. Enhanced permit--Renewal--Requirements.
A person who holds an enhanced permit to carry a concealed pistol may renew the permit through the sheriff of the county in which the person resides. The period for renewal begins twelve months before the permit expires and ends thirty days after the permit expires.
In order to renew an enhanced permit, a person shall:
(1) Pass a criminal background check consisting of a computer check of available online records and a check utilizing the National Instant Criminal Background Check System; and
(2) Present proof that:
(a) During the period for renewal, as set forth in this section, the person:
(i) Successfully completed the live fire component of a qualifying handgun course defined in § 23-7-58;
(ii) Received instruction regarding the use of force standards; and
(iii) Received instruction regarding relevant criminal statutory changes; or
(b) The person is a current or former law enforcement officer who, within the twelve-month period preceding the date of the expiration, qualified or requalified on a certified shooting course administered by a firearms instructor approved by the Law Enforcement Officers Standards Commission.
If a person fails to renew an enhanced permit to carry a concealed pistol during the period set forth in this section, the permit is deemed to be invalid. In order to obtain an enhanced permit thereafter, the person shall submit an application and meet all requirements set forth in § 23-7-53.
Source: SL 2015, ch 137, § 4; SL 2016, ch 131, § 3; SL 2017, ch 104, § 1, eff. Mar. 10, 2017; SL 2020, ch 96, § 2; SL 2021, ch 104, § 3; SL 2021, ch 105, § 1; SL 2022, ch 70, § 4; SL 2023, ch 74, § 1; SL 2024, ch 91, § 1.
23-7-57. References, rights, and responsibilities related to permit to carry concealed pistol apply to enhanced permit and gold card permit.
Unless otherwise specified, the references, rights, and responsibilities in this chapter related to a permit to carry a concealed pistol also apply to an enhanced permit to carry a concealed pistol and a gold card permit to carry a concealed pistol.
Source: SL 2015, ch 137, § 5; SL 2016, ch 132, § 4, eff. Jan. 1, 2017.
23-7-58. Qualifying handgun course.
A qualifying handgun course is any handgun course that is taught by a National Rifle Association certified instructor who also holds a current certificate of completion from the South Dakota Division of Criminal Investigation on the use of force. The qualifying handgun course must include instruction in each of the following:
(1) South Dakota law relating to firearms and the use of force;
(2) The basic concepts of the safe and responsible use of handguns;
(3) Self-defense principles; and
(4) Live fire training including the firing of at least ninety-eight rounds of ammunition by the student.
Source: SL 2015, ch 137, § 6.
23-7-59. Use of force course--Standards--Promulgation of rules—Liability limitation.
The Division of Criminal Investigation shall, at least once every six months, offer a course that is focused on the use of force, including applicable state laws, and open to National Rifle Association certified pistol instructors.
The Division of Criminal Investigation shall develop the use of force course and promulgate rules, pursuant to chapter 1-26, to:
(1) Establish course standards for instructors seeking the issuance of an initial certificate of completion;
(2) Establish course standards for instructors seeking the renewal of a certificate;
(3) Establish a course fee not to exceed one hundred fifty dollars; and
(4) Provide for implementation of the course.
The Division of Criminal Investigation is not liable to any person or the person's estate for any injury suffered, including wrongful death, or for any damages, because the division issued a certificate of completion under this section.
Source: SL 2015, ch 137, § 7; SL 2023, ch 75, § 1; SL 2023, ch 76, § 2.
23-7-59.1. Certified instructors--Actions of students--Liability limitation.
An instructor, certified in accordance with § 23-7-59, is not liable for any personal injury, wrongful death, or damages, resulting from the conduct, acts, or omissions of a current or former student handling a firearm, unless the instructor, during the course of providing instruction, engaged in gross negligence or willful or wanton misconduct.
Source: SL 2023, ch 76, § 3.
23-7-60. Gold card permit to carry concealed pistol--Application.
An applicant must submit an application, to the sheriff of the county in which the applicant resides, for a gold card permit to carry a concealed pistol. The application must include:
(1) A copy of the applicant's fingerprints for submission to the Federal Bureau of Investigation, and any governmental agency or entity authorized to receive such information, for a state, national, and international criminal background check; and
(2) An authorization to run a criminal background check.
The sheriff shall forward the copy of the applicant's fingerprints and the applicant's authorization for processing a criminal background check to the Division of Criminal Investigation for processing.
Source: SL 2016, ch 132, § 7, eff. Jan. 1, 2017; SL 2021, ch 104, § 4; SL 2022, ch 70, § 5.
23-7-61. Temporary gold card permit to carry concealed pistol--Requirements--Records.
The sheriff shall retain the application and other documents until the sheriff receives the results of the background checks required pursuant to § 23-7-60. Within seven days following receipt of a confirmation that the applicant passed each criminal background check required pursuant to this section and § 23-7-60, the sheriff shall file the application with the secretary of state pursuant to § 23-7-8.
If the applicant submits an application pursuant to § 23-7-8, meets the requirements of § 23-7-7.1, is not otherwise prohibited by state law, 18 U.S.C. 922(g) as amended to October 26, 2005, or 18 U.S.C. 922(n) as amended to October 26, 2005, from receiving, possessing, or transporting a firearm, passes the required fingerprint background check, and passes a National Instant Criminal Background Check, the sheriff of the county of the application shall, within thirty days of application, issue the applicant a temporary gold card permit to carry a concealed pistol. The temporary permit must clearly designate that the permit is a gold card permit.
Source: SL 2016, ch 132, § 8, eff. Jan. 1, 2017.
23-7-62. Gold card permit--Renewal--Requirements.
A person who holds a gold card permit to carry a concealed pistol may renew the permit through the sheriff of the county in which the person resides. The period for renewal begins one hundred eighty days before the permit expires and ends thirty days after the permit expires.
In order to renew a gold card permit, a person must pass a criminal background check consisting of a computer check of available online records and a check utilizing the National Instant Criminal Background Check System.
Source: SL 2016, ch 132, § 9, eff. Jan. 1, 2017; SL 2017, ch 104, § 2, eff. Mar. 10, 2017; SL 2021, ch 104, § 5; SL 2022, ch 70, § 6; SL 2023, ch 74, § 2.
23-7-63. Duration of gold card permit to carry concealed pistol.
The gold card permit to carry a concealed pistol is valid for a period of five years from the date of issuance.
Source: SL 2016, ch 132, § 10, eff. Jan. 1, 2017.
23-7-64. Revocation of gold card or enhanced permit to carry concealed pistol-Sheriff to secure return of permit--Petition for return of permit.
A gold card permit to carry a concealed pistol or an enhanced permit to carry a concealed pistol is automatically revoked upon failure to maintain the requirements under § 23-7-7.1 or if the gold card or enhanced permit holder becomes prohibited by state law, 18 U.S.C. 922(g) as amended to October 26, 2005, or 18 U.S.C. 922(n) as amended to October 26, 2005, from receiving, possessing, or transporting a firearm.
Upon such occurrence, the permit holder shall immediately return the gold card or enhanced concealed pistol permit to the county sheriff of the permit holder's county of residence. If the permit has not been returned, upon learning that a permit holder is ineligible for a gold card or enhanced permit for any violent crime or for a crime punishable by more than one year of incarceration, the sheriff of the permit holder's county of residence shall secure the possession and return of the gold card or enhanced permit forthwith. For any other disqualifying offense set forth above the sheriff of the permit holder's county of residence shall secure the possession and return of the gold card or enhanced permit as soon as reasonably possible after being notified of the holders ineligibility. A gold card or enhanced permit holder whose permit has been secured by law enforcement under this section may petition the circuit court for the return of the gold card or enhanced permit if the permit holder believes the gold card or enhanced permit was unlawfully secured. Law enforcement may communicate with federally licensed firearms dealers relative to revoked gold card or enhanced permits.
Source: SL 2016, ch 132, § 11, eff. Jan. 1, 2017.
23-7-65. Possession of revoked gold card or enhanced concealed pistol permit as misdemeanor.
It is a Class 1 misdemeanor for anyone that is ineligible to possess a gold card or enhanced concealed pistol permit to possess or present a revoked gold card or enhanced concealed pistol permit.
Source: SL 2016, ch 132, § 12, eff. Jan. 1, 2017.
23-7-66. Surrender to court of revoked gold card or enhanced concealed pistol permits.
If any person is convicted of any offense which results in the automatic revocation of a gold card or enhanced permit to carry a concealed pistol under this chapter, the court entering the conviction shall require the surrender to the court of all gold card or enhanced concealed pistol permits held by the person convicted. The court shall forward all gold card and enhanced concealed pistol permits to the sheriff of the defendant's county of residence.
Source: SL 2016, ch 132, § 13, eff. Jan. 1, 2017.
23-7-67. Failure or refusal to surrender revoked gold card or enhanced permit as misdemeanor.
It is a Class 1 misdemeanor for a person to fail or refuse to surrender to the county sheriff of the person's county of residence, upon lawful demand, a gold card or enhanced permit to carry a concealed pistol that has been revoked. If a person fails to return a gold card or enhanced permit to the sheriff of the person's county of residence after lawful demand, the sheriff shall direct a law enforcement officer to secure its possession and return in compliance with § 23-7-64. The law enforcement officer shall receive ten dollars and fifty cents plus mileage at the rate set pursuant to § 3-9-1 to be paid by the violator. Failure to pay the fee and mileage is a Class 2 misdemeanor.
Source: SL 2016, ch 132, § 14, eff. Jan. 1, 2017; SL 2024, ch 20, § 11.
23-7-68. National Instant Criminal Background Check of gold card or enhanced concealed pistol permit holders.
Law enforcement may periodically perform a National Instant Criminal Background Check of gold card or enhanced concealed pistol permit holders for the purposes of determining whether the permit holder remains eligible for the permit under § 23-7-7.1, 18 U.S.C. 922(g) as amended to October 26, 2005, and 18 U.S.C. 922(n) as amended to October 26, 2005.
Source: SL 2016, ch 132, § 15, eff. Jan. 1, 2017.
23-7-69. Notice to secretary of state of change of name or address--Issuance of new permit.
A person who has been issued a permit to carry a concealed pistol shall maintain current information on the permit by notifying the secretary of state in writing of a change in the person's name due to marriage or court order, or of a change in physical address. If the revised address is located within South Dakota, the secretary of state must provide a new permit to the person.
The county sheriff may issue a temporary permit or the secretary of state may issue an updated permit that reflects an address outside of South Dakota in the following instances:
(1) For a South Dakota resident who is active duty military personnel, or the spouse of a person who is active duty military, with a home of record in South Dakota; or
(2) For a South Dakota permit holder whose home is physically located in South Dakota but has an official postal address located within in a county in another state that shares a border with South Dakota.
Source: SL 2018, ch 141, § 5, eff. Mar. 9, 2018; SL 2022, ch 70, § 7.
23-7-71. Minors prohibited from carrying concealed pistol except with parent or guardian.
A person who is under the age of eighteen years of age may not carry a concealed pistol except in the presence of a parent or legal guardian.
Source: SL 2019, ch 113, § 15.
23-7-72. Concealed carry permit fees--Reimbursement to county.
The Office of the Secretary of State shall reimburse counties based on the number of concealed carry permits issued each year. The reimbursement amount is:
(1) Three dollars for an initial permit to carry a concealed pistol issued under § 23-7-8.2;
(2) Three dollars for renewal of a permit to carry a concealed pistol issued under § 23-7-8.11;
(3) Fifty dollars for an initial enhanced permit to carry a concealed pistol issued under § 23-7-53;
(4) Twenty-five dollars for renewal of an enhanced permit to carry a concealed pistol issued under § 23-7-56;
(5) Thirty dollars for an initial gold card permit to carry a concealed pistol issued under § 23-7-60; and
(6) Thirty dollars for renewal of a gold card permit to carry a concealed pistol issued under § 23-7-62.
The Office of the Secretary of State shall develop and provide to counties a form on which the counties may submit the number of permits issued each calendar year. The form must be submitted to the Office of the Secretary of State on or before January thirty-first. The Office of the Secretary of State shall reimburse the counties on or before March thirty-first. The reimbursements must be paid on vouchers approved by the secretary of state and paid on warrants drawn by the state auditor.
Only those permits issued on or after July 1, 2022, are eligible for reimbursement in accordance with this section.
Source: SL 2022, ch 70, § 8.