Where can you not carry a gun in South Dakota? Here’s what you need to know about SD gun laws
South Dakota likes to pack heat. More than 11% of the state's adult population has a concealed carry permit, according to data from the Crime Prevention Research Center.
Given the change in concealed carry laws in the state in 2019 as well as the state seeing a dramatic rise in the number of stolen guns, some people might not know their rights.
Here's some answers to some of the most frequently asked questions about guns in South Dakota:
How old do you have to be to possess or buy a firearm?
In the state of South Dakota, you have to be older than 21 to buy a pistol.
At 18, you can buy a rifle or shotgun, so long as you pass the federal background check.
No person younger than age 18 may knowingly possess a pistol, according to state law.
Can you have a loaded gun in your car in SD?
On Jan. 31, 2019, South Dakota Gov. Kristi Noem signed into law a bill that repealed and revised certain provisions regarding permits to carry a concealed pistol.
The bill-turned-law allowed residents and non-residents to conceal carry in the state without a permit. The law also allows residents and non-residents to carry a loaded gun in their vehicles.
Can non-residents buy firearms in SD?
Anyone purchasing a firearm from a licensed firearms dealer must complete a Bureau of Alcohol, Tobacco & Firearms Form 4473, according to the South Dakota Firearm Handbook. The form is used as a firearms transaction record that will be maintained by the dealer.
The dealer will also submit the purchaser to a background check. The check will indicate to the dealer whether the buyer's background allows for the person to purchase the firearm, according to the South Dakota Firearm Handbook.
Pistols can not be sold to non-residents, they must be sold to residents of the state. A non-resident can apply to have the out-of-state gun transferred to their home state. The non-resident may be able to purchase a rifle or shotgun in South Dakota.
Also, any valid permit to carry a concealed pistol, issued to a non-resident of South Dakota, is valid in the state, according to state laws. A permit is not required.
More: Airpods lead Sioux Falls police to 17 stolen guns; search for suspect continues
Where can you not carry a gun?
A person may not carry a concealed pistol in any licensed on-sale malt beverage or alcoholic beverage establishment that derives more than half of its total income from the sale of malt or alcoholic beverages, according to state law.
Firearms can also not be carried or held in a vehicle near a public elementary or secondary education school or a county courthouse.
How are most firearms stolen?
Most firearms are stolen out of vehicles, according to various law enforcement agencies across South Dakota.
Sioux Falls Police spokesman Sam Clemens told the Argus Leader there's been instances where criminals have gone "car-hopping" in search of firearms to steal specifically.
How many guns are stolen each year in South Dakota?
The exact number of firearms stolen each year in South Dakota is hard to track because in many cases the owners of the firearms don't know their weapons have gone missing.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives tracks the number of stolen firearm recoveries in each state. From 2014 to 2020, the percentage of guns recovered by authorities increased 200% in South Dakota.
In 2020, 796 guns were recovered in South Dakota. Of those recoveries, 17 were from homicide investigations, according to ATF data.
More: The Sioux Falls area had 7 homicides in 2021. Here's where each case stands.
What if my gun is stolen and used in a crime?
Clemens said a person who has had their firearm stolen from their vehicle is not liable if it's used in a crime.
Law enforcement agencies have continuously asked residents to lock their vehicles and take their guns inside instead to avoid them being stolen.
Got a story idea from your community? Email reporter Alfonzo Galvan at agalvan@argusleader.com or follow him on Twitter @GalvanReports.
This article originally appeared on Sioux Falls Argus Leader: What you need to know about South Dakota's gun, concealed carry laws
