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South Dakota has no law requiring a background check on the purchaser of a firearm when the seller is not a licensed dealer. South Dakota does, however, prohibit any person who knows that another person is prohibited from possessing a firearm under South Dakota law from knowingly giving, loaning, or selling a firearm to that person.1

In addition, no person may sell, transfer, give, loan, furnish, or deliver a firearm or ammunition to any person under the age of 18 if the person transferring the firearm or ammunition knows or reasonably believes that the minor intended, at the time of transfer, to use the firearm or ammunition in the commission or attempted commission of a crime of violence.2

See the section entitled Firearms Trafficking in South Dakota for laws aimed at gun trafficking.


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  1. S.D. Codified Laws § 22-14-16.[]
  2. S.D. Codified Laws § 23-7-46.[]