Legal Templates

South Dakota Firearm Bill of Sale

Create a firearm bill of sale to document the ownership transfer of a gun in South Dakota.

Updated March 24, 2023 | Legally reviewed by Susan Chai, Esq.

South Dakota does not have a unique Firearm Bill of Sale form.

However, buyers and sellers may want to create a bill of sale using our document builder when transferring a firearm.

Table of Contents

What is a South Dakota Firearm Bill of Sale?

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.

What Are the Requirements for Selling a Firearm in South Dakota?

South Dakota does not have state licensing requirements for firearms dealers.

South Dakota law prohibits the sale of firearms without proof of identification unless the buyer is personally known to the seller (S.D. Codified Laws § 23-7-18).

Firearms must be unloaded and securely wrapped when delivered. (S.D. Codified Laws § 23-7-9).

Licensed firearms dealers (but not private sellers) must conduct background checks under federal laws.

South Dakota is not a point-of-contact state, meaning the firearms dealer must contact the FBI directly for background checks rather than conducting their own. This can extend the time needed to run the background checks.

Private Parties Selling Firearms in South Dakota

South Dakota has no restrictions on private sales of firearms.

South Dakota law prohibits the sale or transfer of a firearm to anyone the seller knows is prohibited from owning a gun or under 18 if the seller has reason to believe the minor intends to commit a crime (S.D. Codified Laws § 23-7-46).

Does the Law in South Dakota Require a Firearm Bill of Sale?

South Dakota does not require a bill of sale for private firearms transactions.

Private sellers and buyers may want a record of their transactions to protect their legal rights.

Firearm Inheritance Laws in South Dakota

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.

Documents Needed To Complete a Firearm Bill of Sale in South Dakota

No documents are required to sell firearms in South Dakota in a private sale.        

Additional South Dakota Firearm Laws

Who Cannot Purchase a Firearm in South Dakota?

South Dakota restrictions on firearm ownership include:

  • Anyone convicted of a “crime of violence” or specific drug-related felony within the past 15 years
  • 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 under the age of 18

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 (S.D. Codified Laws § 23-7-45).

There is no restriction on minors’ possession of long guns (rifles and shotguns).

Does South Dakota Have a Waiting Period for Firearm Sales?

South Dakota does not have a waiting period for firearms purchases.

Can You Buy a Firearm in South Dakota Without Registering It?

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 (S.D. Codified Laws § 23-7-8.6). Police may maintain such records on a limited basis for criminal investigation (S.D. Codified Laws § §23-7-8.9).

Does a Firearm Bill of Sale Have To Be Notarized in South Dakota?

There is no specific requirement for notarization.

Is a Record of Firearms sent to Police in South Dakota?

Records of firearms transactions may not be kept under South Dakota law. An exception is made for ongoing criminal investigations and prosecutions. The law requires these records to be destroyed when they are no longer needed.

Concealed and Open Carry Laws in South Dakota

South Dakota allows the open and concealed carry of firearms by anyone within the state who is over 18 and otherwise qualified to carry guns.

South Dakota is a permitless carry state, meaning some conditions may restrict otherwise qualified individuals from possessing and carrying firearms.

How To Apply To Carry a Firearm in South Dakota

South Dakota is a shall-issue state.

This means that the state will issue a permit to anyone otherwise qualified. South Dakota issues concealed-carry handgun permits to residents who wish to carry handguns in states with reciprocity with South Dakota. 

Anyone over 18, has not been convicted of a felony, and has completed a firearms safety training course may apply for a concealed carry permit.

There are different levels of permits available, Enhanced Permit and Gold Card Permit, with additional requirements. Permits are issued through the county sheriff’s office where the applicant resides.

South Dakota Firearm Reciprocity

South Dakota recognizes all concealed-carry handgun permits issued by other states.

Currently, 39 states recognize South Dakota’s concealed-carry permits within their boundaries. 

How To Write a Firearm Bill of Sale in South Dakota

Buyers and sellers do not need a South Dakota firearm bill of sale for firearm sales in the state.

Private sellers should have a document to record their transactions in high-value sales.

Step 1 – Fill in All Parties to the Sale

The bill of sale should include the identities of the buyer and seller:

  • Names
  • Addresses
  • Contact information (phone number and email)

Step 2 – Describe the Firearm(s) Being Sold

Include the details of the firearm being transferred. The description should include the following:

  • Serial number
  • Make and model
  • Caliber
  • Accessories and customizations
  • Present condition

Private sales are usually considered “as-is” unless there is writing to the contrary.

Step 3 – Details of the Sale

Note the specifics of the transfer, including when it took place and the amount of purchase:

  • Date of purchase
  • Sale price
  • Payment agreement (paid in full, down payment, installment payments)
  • Date of transfer, if different than the date of purchase

Step 4 – Signatures and Notarization

Both parties should sign the bill of sale. If the weapon is an antique or a collector’s item, the parties may want to have it notarized.

Summary

You can create your bill of sale or use our online template to create a South Dakota firearm bill of sale.

Before purchasing a firearm in South Dakota, be sure you have met all requirements for legal purchase in the state.

South Dakota Firearm Bill of Sale Sample

Below is an example of a South Dakota firearm bill of sale.

south dakota firearm bill of sale