South Dakota still allows open carry of firearms, but the 2026 legislative package introduced several clarifications and restrictions that shooters must heed. While the state’s “shall issue” concealed‑carry permit law remains unchanged, the new statutes tighten where firearms may be displayed publicly, impose mandatory training for open‑carry in certain venues, and set harsher penalties for violations on private property. In short, open carry is legal statewide, but compliance now depends on understanding the updated location‑based exemptions and the newly required safety courses.
Legal Landscape
South Dakota’s Constitution guarantees the right to keep and bear arms, and SDCL §§ 23‑1‑1 and 23‑1‑3 codify open carry as a lawful activity without a permit. The state is one of the few where no “no‑carry” zones exist for firearms that are not concealed, meaning a loaded handgun can be openly carried on streets, in parks, and in most public buildings. However, private property owners retain the right to prohibit firearms on their premises, and federal restrictions still apply in courthouses, schools, and federally protected areas.
2026 Amendments
The 2026 legislative session passed SB 141 and HB 238, which modify the open‑carry regime in three key ways. First, any open‑carry in state‑owned facilities that serve vulnerable populations—such as nursing homes, public transit shelters, and mental‑health clinics—now requires completion of a state‑approved firearm‑handling course. Second, the statutes create “restricted display zones” around school‑property perimeters (100 feet) where an openly carried firearm must be holstered or concealed. Third, the penalties for violating a private‑property ban were increased from a misdemeanor to a Class A misdemeanor, with a possible fine of up to $2,500. These changes aim to balance the constitutional right with public‑safety concerns.
Practical Guidance
To stay within the law, open‑carry practitioners should:
- Verify whether the location is subject to the new restricted‑display zones, especially near K‑12 schools or state‑run facilities.
- Complete the mandatory training if planning to carry openly inside any state‑owned health‑care or senior‑care establishment.
- Obtain written permission from private‑property owners before entering premises that may have a “no‑firearms” sign.
- Keep the firearm holstered and out of sight when within the 100‑foot school buffer, unless a concealed‑carry permit is presented.
- Maintain documentation of the required safety course for at least three years, as law‑enforcement may request proof during a stop.
How does South Dakota’s open‑carry law differ from concealed‑carry?
Open carry requires no permit, while concealed carry does. Both are legal statewide, but concealed‑carry permits provide additional legal protections, such as immunity from certain “no‑carry” zones that still apply to concealed weapons.
Are there any statewide “no‑open‑carry” zones after 2026?
No statewide bans exist, but the new restricted‑display zones around schools and specific state facilities effectively limit open display in those areas unless the firearm is holstered or the carrier holds a concealed‑carry permit.
What training is mandated by the 2026 statutes?
A state‑approved 8‑hour course covering safe handling, storage, and de‑escalation techniques. Completion must be documented and the certificate kept with the firearm or on the carrier’s person.
Can a private business ban open‑carry on its premises?
Yes. Private owners may post a “no firearms” notice, and violating that notice now carries a Class A misdemeanor penalty under the 2026 amendment.
What are the penalties for violating the 100‑foot school buffer rule?
A Class B misdemeanor, punishable by up to 180 days in jail and a fine not exceeding $1,500, unless the carrier also lacks a concealed‑carry permit, in which case the offense upgrades to a Class A misdemeanor.