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.
South Dakota does not have a waiting period for firearms purchases but there are restrictions on who may purchase a gun.
Firearm laws: S.D. Codified Laws § 23-7-18, S.D. Codified Laws § 23-7-8.6, SD Codified L § 23-7-7
Restrictions: Yes
State permit to purchase: No
Registration of firearm: No
License to own: No
Assault weapon law: No
Magazine capacity restriction: No
Permit for concealed carry: No
Permit for open carry: No
How to Sell a Firearm Privately
State 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).
Licensed firearms dealers (but not private sellers) must conduct background checks under federal laws.
Requirements
South Dakota has no restrictions on private sales of firearms.
Restrictions
State law prohibits the sale or transfer of a firearm to anyone the seller knows is prohibited from owning a gun or under 18 (§23-7-44), keeping in mind that additionally laws apply if the seller has reason to believe the minor intends to commit a crime (S.D. Codified Laws § 23-7-46).
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).
Additional restrictions on firearm ownership include:
- Anyone convicted of a “crime of violence” or specific drug-related felony (§ 22-14-15) within the past 15 years pursuant to § 22-42-2, 22-42-3, 22-42-4, 22-42-7, 22-42-8, 22-42-9, 22-42-10 and 22-42-19
- 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 pursuant to (§ 22-14-15.1)
- Anyone convicted of a misdemeanor crime of domestic violence per (§ 22-14-15.2)
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.
Registration
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).
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 Carry Permit
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 per SD Codified L § 23-7-7.
South Dakota is a permitless carry state, meaning some conditions may restrict otherwise qualified individuals from possessing and carrying firearms.
How To Apply
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.
Step 1 – Get Trained
Complete a firearm safety training course that meets the criteria in SD Codified L § 23-7-58.
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 – Pay Fees
All applicants must pay the $10 filing fee (current as of June 2023).
Step 6 – Pass Background Check
Pass a federal background check before getting approved for your permit.
Gun Reciprocity
South Dakota recognizes all concealed-carry handgun permits issued by other states in accordance with SD Codified L § 23-7-7.3.
Currently, 39 states recognize South Dakota’s concealed-carry permits within their boundaries.
South Dakota Firearm Bill of Sale Sample
Below is an example of a South Dakota firearm bill of sale.
