A South Dakota firearm bill of sale is a document detailing the sale and ownership transfer of a gun in the state. It contains details about the firearm and transaction, including the seller’s and buyer’s names and signatures.
State Laws for Selling a Gun in South Dakota
Minimum Age to Purchase
South Dakota abides by federal minimum age requirements for purchasing guns. An individual must be 21 years old to buy a handgun and 18 years old to buy a long gun. [1]
Permit for Purchase
An individual doesn’t need a permit to purchase a gun, and they don’t need to undergo a waiting period.
However, anyone buying a firearm from a licensed firearms dealer must complete Form 4473 (Firearms Transaction Record). The dealer will maintain this form. Furthermore, the firearms dealer must perform a National Instant Criminal Background Check to determine if the purchaser is allowed to complete the purchase.
Register a Gun
South Dakota law specifically disallows state or local governments from maintaining registries of privately owned firearms of the owners or holders of concealed pistol permits. [2] Police may maintain such records on a limited basis for criminal investigation. [3]
Open Carry Permit
An individual doesn’t need a permit to open carry. They can openly carry a gun if they’re 18 and meet the other legal requirements to own a firearm.
Concealed Carry Permit
Similar to open carry, an individual doesn’t need a concealed carry permit to carry a concealed firearm. However, South Dakota offers three permit types—regular, gold, and enhanced. [4] These permits can make reciprocity easier and offer training to the applicant.
How to Apply
Here’s how to apply for a concealed carry pistol permit:
- Step 1 – Get Trained: Complete a firearm safety training course that meets state criteria. [5]
- Step 2 – Fill Out Application: Complete a Concealed Pistol Permit Application.
- Step 3 – Submit Application: Turn in the application to the sheriff in the county of your residence.
- Step 4 – Get Fingerprinted: Submit fingerprints to the sheriff’s office.
- Step 5 – Undergo a Background Check: Pass a federal background check before getting approved for your permit.
Gun Reciprocity
The Attorney General will review the state’s laws on issuing permits and compare them with the laws of other states that want to have a reciprocity agreement. [6] This analysis reveals if those states have laws that meet or exceed South Dakota’s requirements.
After the Attorney General confirms that the other state’s laws meet these standards, the Secretary of State can make agreements with those states, allowing people with permits from either state to carry concealed weapons in the other state.
Currently, 38 states recognize South Dakota’s concealed carry permit. [7]
Restrictions on Firearm Ownership
State law prohibits the sale or transfer of a firearm to anyone the seller knows is prohibited from owning a gun or under 18, [8] keeping in mind that additional laws apply if the seller has reason to believe the minor intends to commit a crime. [9]
Minors may possess firearms with the written permission of their parents or guardians.
The minor must be on premises owned or leased by the parents, guardians, or immediate family members, in the presence of a licensed gun safety instructor, or the firearm is used for hunting, farming, target shooting, or gun safety instruction. [10]
Additional restrictions on firearm ownership include:
- Anyone convicted of a “crime of violence” or specific drug-related felony [11] within the past 15 years [12] [13] [14] [15] [16] [17] [18] [19]
- Anyone convicted of felony possession of a controlled substance within the past five years
- Anyone convicted of a domestic violence misdemeanor within the past year
- Anyone convicted of a felony in another state [20]
- Anyone convicted of a misdemeanor crime of domestic violence [21]
There is no restriction on minors’ possession of long guns (rifles and shotguns).
Firearm Inheritance Laws
South Dakota has no specific laws regarding the inheritance of firearms.
Inheritance must follow the same rules preventing the transfer of firearms to minors and others not allowed to possess firearms.