If you’re visiting the Black Hills or riding through Sturgis, you must probably know that South Dakota allows permitless carry. This is okay for gun owners, as you can carry a pistol openly or concealed without a permit. But some people might think this means “no rules”, which is a mistake, and this assumption can turn into a Class 6 Felony charge.
First mistake: ignoring “prohibited person” status
This error can affect tourists from other states. Even with permitless carry, federal and state laws clearly define who cannot possess firearms. This means that possessing a gun in South Dakota is a felony if you fall into these categories:
- Convicted felons: If you are convicted of a felony, you are barred from firearm possession both federally and at the state level. In South Dakota, this prohibition lasts 15 years for certain violent and drug felonies after supervision ends.
- Domestic violence misdemeanors: A conviction for domestic violence legally bars you from gun possession for one year post-conviction.
Active warrants or protection orders: Being a fugitive or under certain protection orders makes possession illegal.
Remember to check your own background before entering the state with a firearm so you avoid that mistake.
Second mistake: carrying a gun in restricted locations
While South Dakota law allows carrying, it restricts where you can bring a concealed weapon. Tourists routinely ignore these signs and wind up facing criminal charges. Common errors in the Black Hills include:
- Bars and drinking: Carrying a concealed pistol is prohibited in locations earning over 50% of income from alcohol sales for on-site use. If you’re near a bar or a casino, secure your gun elsewhere.
- Courthouses and schools: Possession is illegal in county courthouses, public schools, and school vehicles.
- Federal property: Do not forget that national parks, federal buildings, and military sites have their own set of rules, and they usually override state law.
In general, South Dakota can recognize valid concealed pistol permits for other states if the carrier lawfully posses a concealed firearm.
Third mistake: mixing cars, guns and alcohol
This might be unrelated charges but together they can create a complicated legal issue: South Dakota bans open alcohol containers in vehicles on highways. If a police officer stops you and find open alcohol plus an easily accessible gun, you could face an OWI or other increasing charges.
Protect your freedom
An arrest can endanger your freedom and reputation. If you need help, ask for legal representation so they can help you through the process.