South Dakota prohibits carrying a concealed pistol in any licensed on-sale malt beverage or alcoholic beverage establishment that derives over one-half of its total income from the sale of malt or alcoholic beverages.1
In South Dakota, firearms may not be carried in county courthouses.2 Even concealed weapons permit holders are subject to this prohibition.
Firearms may not be carried in the state capitol in South Dakota, including in any building appended to or used as a supplementary structure to the state capitol.3 There is an exception to this prohibition for holders of an enhanced concealed carry permit who give advance notice to the superintendent of the Division of Highway Patrol.4 Enhanced permit-holders who give the required notice may carry concealed pistols anywhere in the state capitol except the Supreme Court chamber or other access-controlled private office under the supervision of security personnel.5
South Dakota has no statutes prohibiting firearms in the following locations, although administrative regulations may apply:
- Places of worship;
- Sports arenas;
- Gambling facilities; or
- Polling places.
Note that South Dakota law specifically prohibits any state agency from adopting or promulgating any rule that restricts the right or privilege to carry or possess a pistol in contravention to a license to carry a concealed weapon.6
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- S.D. Codified Laws § 23-7-70.[↩]
- S.D. Codified Laws § 22-14-23. However, S.D. Codified Laws § 22-14-24 provides an exception for “[t]he lawful carrying of a firearm or other dangerous weapon in a county courthouse incident to a hunter safety or a gun safety course or for any other lawful purposes.” Notice of these provisions must be conspicuously posted at each public entrance to each county courthouse. S.D. Codified Laws § 22-14-26. Courts retain authority to punish and promulgate rules restricting or prohibiting the possession of weapons within courthouses. S.D. Codified Laws § 22-14-25. Pursuant to S.D. Codified Laws § 22-14-27, it is not a defense that a person who violates S.D. Codified Laws § 22-14-23 is a concealed weapon permit holder. A majority of the members-elect of the county commission in any county may waive the provisions of S.D. Codified Laws § 22-14-28.[↩]
- S.D. Codified Laws §§ 22-14-22, 22-14-23.[↩]
- S.D. Codified Laws § 22-14-24(5). The notice must be given orally or in writing at least twenty-four hours prior to entering the state capitol with a concealed pistol and must include the date on which or the range of dates during which the person intends to possess a concealed pistol in the state capitol.[↩]
- S.D. Codified Laws §§ 22-14-24(5).[↩]
- S.D. Codified Laws § 1-26-6.10.[↩]