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South Dakota Gun Laws and How They Differ From Neighboring States

By    |   Thursday, 07 May 2015 10:11 AM

South Dakota gun laws differ from surrounding states including Nebraska, Minnesota and Iowa. The Mount Rushmore State doesn't require a background check before an unlicensed person transfers the firearm to someone else, according to the Law Center to Prevent Gun Violence.

Also, the state does not require gun dealers to get a state license, regulate the transfer or ownership of assault weapons, 50-caliber rifles, or large-capacity ammunition magazines. Gun owners don't need to get a license, register their weapons, or report lost or stolen firearms.

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A buyer can purchase as many weapons as he/she likes. There's no limit to how many firearms can be bought at one time. Unsafe handguns such as "junk" guns or "Saturday night specials" aren't regulated.

However, in the state of Minnesota, they regulate unsafe guns and requires some restrictions to prevent a child from using the owner's gun. The state also require individuals to undergo background checks depending on the firearm purchased and also prior to the transfer of a firearm between private parties, unlike South Dakota.

In 2009, South Dakota repealed its 48-hour wait, but its neighboring state, Iowa imposes a three-day waiting period on handgun permits. Iowa does not require individuals who are purchasing a long gun from an unlicensed individual to go through a background check.

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Nebraska does give local authorities the right to regulate firearms, which South Dakota does not. Local law enforcement can't deny a concealed handgun permit. Similar to South Dakota, Nebraska doesn't significantly regulate ammunition.

In South Dakota, it's legal to carry a firearm openly, if the owner isn't a felon or otherwise banned from having a weapon. If someone wants to conceal a weapon under his coat or if a woman wants to keep a firearm in her purse, that person would need a concealed pistol permit.

However, at the beginning of 2015, the state was in the midst of considering allowing permitless carry of concealed weapons, according to the National Rifle Association.

States that have allowed such permit-less carry are referred to as Constitutional Carry states, according to Gun Owners of America.

Of its neighboring states, Wyoming is the only other one that is currently a Constitutional Carry state, although many parts of Montana are, as well.

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

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South Dakota gun laws differ from surrounding states including Nebraska, Minnesota and Iowa. The Mount Rushmore State doesn't require a background check before an unlicensed person transfers the firearm to someone else, according to the Law Center to Prevent Gun Violence.
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2015-11-07
Thursday, 07 May 2015 10:11 AM
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