South Dakota Statewide Rule

South Dakota Firearms Local Preemption Statute

Heavy RestrictionsApplies statewide across South Dakota (2026)

Key Facts

Preemption: SDCL 7-18A-36 preempts county firearm regulation
Preemption: SDCL 8-5-13 applies preemption to townships
Preemption: Local gun ordinances inconsistent with state law are void
Requirement: State law occupies firearms regulation field
Training: Discharge within city limits may still be regulated for safety

Last verified: September 5, 2026Source: South Dakota Legislature

Summary

South Dakota law preempts cities and counties from regulating firearms, ammunition, and accessories beyond what state law expressly authorizes, ensuring uniform statewide gun rules.

No municipality may pass an ordinance that restricts or prohibits, or imposes any licensure requirement or licensure fee on the possession, storage, transportation, purchase, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components. Any ordinance prohibited by this section is null and void. The attorney general shall send a cease and desist order to any municipality that passes or enforces an ordinance in violation of this section. If the municipality fails to comply with the order, the attorney general shall bring an action in the name of the state for injunctive relief against any municipality that has passed an ordinance in violation of this section. A court shall grant any person charged with a violation of an ordinance prohibited under this section reasonable costs, expenses, and attorney's fees. This section does not apply to any generally applicable zoning ordinance, building regulation, or fire code so long as the ordinance, regulation, or code is not used to circumvent the prohibition under this section.

Source: South Dakota LegislatureView official code

Full Breakdown

Under SDCL 7-18A-36 (counties) and SDCL 8-5-13 (townships), along with SDCL 9-19-20 for municipalities, no political subdivision may pass an ordinance regulating the possession, transportation, sale, transfer, ownership, manufacture, repair, registration, taxation, licensing, or discharge of firearms or ammunition. State law occupies the field except in narrow areas like discharge within municipalities for safety. Local rules conflicting with state preemption are void and unenforceable.

Violations & Penalties

Any local ordinance contrary to firearms preemption is void; cities risk litigation, attorney fee awards, and injunctions if they pass conflicting gun control measures.

Frequently Asked Questions

Can a South Dakota city ban open carry?

No. State preemption under SDCL 8-5-13 and related statutes prohibits municipalities from enacting firearm restrictions stricter than state law.

Are local gun storage laws allowed?

No. Storage, registration, and licensing requirements imposed by local governments are preempted and unenforceable in South Dakota.

Can counties regulate firearm discharge?

Counties have limited authority over discharge for public safety, but cannot otherwise restrict possession, sale, or carry of firearms.

Sources

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