South Dakota has no laws requiring the retention of sales or background check records by firearm sellers generally, or requiring the reporting of sales of firearms to a state or local agency. South Dakota law prohibits any state agency, political subdivision, official, agent or employee of any state agency or political subdivision from knowingly keeping any list, record, or registry of privately owned firearms, owners of firearms, or holders of permits to carry a concealed handgun.1 However, an exception is made for firearm records that must be retained by firearm dealers under federal law, including copies of such records transmitted to law enforcement agencies.2
South Dakota law also specifically prohibits any law enforcement officer from retaining any notes, data, or pieces of information, either collectively or individually, regarding privately-owned firearms, owners of privately-owned firearms, or concealed handgun permit holders unless the retention of such information is pertinent to a specific ongoing investigation or prosecution.3
See our Maintaining Records of Gun Sales policy summary for a comprehensive discussion of this issue.
- S.D. Codified Laws § 23-7-8.6.
- S.D. Codified Laws § 23-7-8.7.
- S.D. Codified Laws § 23-7-8.9.