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Can someone explain South Dakota's gun carry law to me?

Discussion in 'Legal' started by MikeJ, Jul 30, 2004.

  1. MikeJ

    MikeJ Active Member

    Jan 1, 2003
    I recently posted a thread about traveling with a handgun and have reviewed the information on Packing.org but I will admit that I am at a complete loss as to the S. Dakota law regarding traveling with a handgun. It states that a person without a CCW permit may carry openly and in the next section regarding vehicle carry states that you can't have a gun concealed in the vehicle, loaded or unloaded. Does that mean I must display the gun openly or can I have it cased? Someone needs to rethink the verbiage on this law as even the Packing.org administrator couldn't get a straight answer from the AG's office.
  2. rust collector

    rust collector Participating Member

    Jan 20, 2004
    Pierre, SD USA
    SD carry laws

    It's been awhile since I checked, but open carry is OK and I don't think you'd get hassled by law enforcement if a firearm is visible in a vehicle. What they don't want is readily accessible, non-visible guns that could be used against an officer stopping the vehicle. Cased and unloaded should be OK, better if it's in plain view. Could be kept in the trunk also. Glove box might be a problem.

    We're working on reciprocity for concealed carry permits, but I don't think we're there yet. Bear in mind most of these laws are straight out of the 19th century... It's not an active part of the law because incidents are few and common sense still exists. Gets a little dicey if there's an open container on board or loaded gun accessible by someone who's been imbibing, however: gun may be confiscated and forfeited. And I believe guns and motorcycles are a no-no.
  3. Flatfender

    Flatfender Member

    Dec 28, 2002
    Second star to the right
    You have to have a CCW permit to carry when riding/driving a motorcycle here in SD.

    You may have loaded long guns in your car with no permit.

    I think that you cannot carry ccw or not in Sioux Falls. Some city ordinance. Maybe someone from Sioux Falls can clarify.

    You cannot carry any gun on a snowmobile ccw permit or not. :confused:
  4. 44Brent

    44Brent Member

    Dec 25, 2002
    There is a statewide preemption law. Therefore, any local ordinances are NULL and VOID.
  5. Hawkmoon

    Hawkmoon Senior Member

    May 5, 2004
    It makes a difference if you are going TO or THROUGH South Dakota.

    If going TO South Dakota, their laws apply. If going THROUGH, the Federal FOPA applies. Under FOPA, the weapon must be unloaded, in the trunk or in a locked container in the luggage area where it is not directly accessible to the driver.

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