South Dakota Gun Laws: Can Towns and Cities Make Local Rules?

South Dakota gun laws land on the conservative side of the gun control issue.

This may be because, as The New York Times pointed out, South Dakota is a big hunting state where many children get comfortable with gun usage and safety at a young age.

In addition, one does not need a permit to own a pistol, or keep it at home or business, or even to carry it openly.

If someone wishes to conceal his or her gun in South Dakota, then a five-year permit is needed, which the concealer can obtain from the local sheriff’s office.

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Does that mean it is as simple and free as every town and city for themselves, the Federalist ideal? Well, not exactly, although the exceptions tend to be the states with more and not less restrictions. Less restriction is the norm.

According to the National Rifle Assocation, South Dakota code states "No county may pass any ordinance that restricts possession, transportation, sale, transfer, ownership, manufacture or repair of firearms."

This is known as a pre-emption law, which means that local municipalities may not issue regulations that override state gun laws.

However, the key word in the code is "restricts." States with pre-emption laws usually look the other way when it comes to allowing greater access to or possession of guns.

According to OpenCarry.org, the South Dakota Constitution guarantees that "the right of the citizens to bear arms in defense of themselves and the state shall not be denied."

This article does not constitute legal advice. Check the current gun laws before purchasing or traveling with a firearm.

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