Open Carry In SD

[gsh341]

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Hey all.

I saw this and decided to be the first to post for SD. I open carry regularly and rarely get a funny look, let alone a remark about it. Sometime I CC, but not a deep CC. Just have my shirt untucked.

The main reason I have my Concealed Permit is to avoid waiting periods and so I don't have to unload to get in my car.

I carry a Springfield XD service .40 in a custom crossdraw for comfort while driving. I also carry two spare mags in a custom, deeppouch.

And yes, I have been asked if I'm a cop or refered to as "officer"every now and then.

 

[Dutch Uncle]

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Welcome to opencarry.org. I visited SD many years ago, and remember it fondly. A very beautiful state with friendly people. My family spent a 4th of July there in 1958, and I recall buying a huge box of fireworks (REAL fireworks), and having a blast!

Do y'all have any strange restrictions on carry in restaurants that serve alcohol? In VA you can not CC in such a place, even with a permit. You have to carry openly. It was a hassle, but ironically, it probably helped many of us become more comfortable with OC.

Happy 4th!

 

[gsh341]

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The law states "23-7-8. The holder of a permit may carry a concealed pistol anywhere in South Dakota except in a licensed on-sale malt beverage or alchoholic beverage establishment that derives over on-half of its total income from the sale of malt or alcoholic beverages.

Nothing in this sectionprevents law enforcement officers, security guards employed on the premises, and other public officials with the written permission of the sheriff from carrying concealed weapons in the performance of their duties or prevents home or business owners from carrying concealed weapons on their property..."

As for open carry in bars, I believe it is a no-no as well. Although I haven't found the exact statute for it yet.

 

[Mike]

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gsh341 wrote:

The main reason I have my Concealed Permit is to avoid waiting periods and so I don't have to unload to get in my car.

What are you talking about? You can open carry in a vehicle in SD without any permit.

 

[gsh341]

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Do you have the SD Statute to back that up? I have been told by law enforcement that entering your car makes the weapon concealed. If you are correct, it would be good information. But, as a CPP is easy to get and also very cheap, why fight a battle when you don't have to?

Also, even though I OC often, and believe in my right to do so, it is not always the best idea in all situations.

 

[VApatriot]

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gsh341 wrote:

The law states "23-7-8. The holder of a permit may carry a concealed pistol anywhere in South Dakota except in a licensed on-sale malt beverage or alchoholic beverage establishment that derives over on-half of its total income from the sale of malt or alcoholic beverages.

Nothing in this sectionprevents law enforcement officers, security guards employed on the premises, and other public officials with the written permission of the sheriff from carrying concealed weapons in the performance of their duties or prevents home or business owners from carrying concealed weapons on their property..."

As for open carry in bars, I believe it is a no-no as well. Although I haven't found the exact statute for it yet.

That sounds a little better and a little worse than Virginia. It would seem that you could CC or OC in an ordinary restaurant that has bear or wine on the menu, but you can't carry at all in a bar.

 

[gsh341]

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VApatriot wrote:

That sounds a little better and a little worse than Virginia. It would seem that you could CC or OC in an ordinary restaurant that has bear or wine on the menu, but you can't carry at all in a bar.

I've always wondered what bear tastes like. Hmmmm....

 

[Shadow]

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South Dakota and Arizona sound the same, except the car thing. I open carry in my wifes car and on my motorcycle everywhere.:lol:

 

[Caimlas]

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Mike wrote:

gsh341 wrote:

The main reason I have my Concealed Permit is to avoid waiting periods and so I don't have to unload to get in my car.

What are you talking about? You can open carry in a vehicle in SD without any permit.

There are two ways to carry in a car in SD with a loaded weapon:

1) With a CCW permit. Anything goes, basically.
2) If no CCW is posessed, then the weapon has to be plainly visible.

Here's the statute:


§ 22-14-9 Carrying pistol or revolver without a permit as misdemeanor.

Any person, other than a law enforcement officer when acting as such, is guilty of a Class 1 misdemeanor if he:
(1) Carries a pistol or revolver, loaded or unloaded, concealed on or about his person without a permit as provided in chapter § 23-7; or
(2) Carries a pistol or revolver, loaded or unloaded, concealed in any vehicle operated by him, without a permit as provided in chapter § 23-7.
The Attorney General gave an Unofficial Opinion on Car Carry on September 17, 2004. The Attorney General Stated that South Dakota Law allowed anyone to carry a loaded Firearm inside a vehicle without a permit as long as the firearm was visible. You can read the Attorney Generals Opinion Here.
​

My understanding of this statute is that you can not OC in SD unless you've got a permit, period. To me, this is evident by the phrase "on or about his person without a permit". It doesn't matter if you're LEO from another state or off duty. Though, there might be another law which trumps this; I'm not sure how that would works.

 

[gsh341]

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Caimlas,

You missed the vital word in the statute you listed.

(1) Carries a pistol or revolver, loaded or unloaded, concealed on or about his person without a permit as provided in chapter § 23-7

Open carry is completely legal in SD. With or without a permit.

 

[Shadow]

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Yes, it is, but you won't want to at the rally in Sturgis.... I'll be there, can't wait.

rpierce........thats r pierce



are we related?????

 

[SDguy]

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Sioux Falls and Rapid City local governments are currently changing the local laws to prohibit open or concealed carry in local government buildings, city parks, playgroundsand the civic centers. Discussion is in progress to expand the prohibitions.

The state legislature is considering bills which would prevent local governments from such laws but the battle at the state level is difficult going right now.

 

[petrophase]

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any news on this?

 

[SDguy]

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petrophase wrote:

any news on this?

This legislative sesson is over and the state took no action on any gun bills. Rapid City and Sioux Falls continue to have some no carry areas as per my last post.

 

[flyguyskt]

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i always carry concealed but may just have to start carrying open once in a while.



like the idea that people can see the gun and know your armed...problably would assume after a few times that even if they dont see it...you are carrying.

lots of robberies at knife point in rapid city we just never hear about it...want to keep a safe image ya know for tourists

 

[ADulay]

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Hello South Dakotans (is that a word??),

Anyway, I'll be in your state towards the end of July and a week or so into August mainly for the Sturgis thing but a lot of sightseeing and the like.

Just wanted to make sure the open carry rules haven't changed much since my last trip two years ago.

Will also be into Montana and Wyoming for people type visiting.

AD (Florida CCW holder)

 

[flyguyskt]

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i do not think you can open carry on a motorcycle. and in all actuality i think the rally most places will be off limits as well. due to the fact sooooo much alcohol is being served. not positive but i dont open carry when im up there. i live 20 miles from sturgis.

 

[Jared]

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Cite please.... there is no law banning carrying on a motorcycle. It's treated like any other carry. OC, no license, CCW, license.

Also the bar rules and all that only apply to concealed carry, they do not apply to open carry as there is no law against it.

 

[vmaxanarchist]

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Jared wrote:

Cite please.... there is no law banning carrying on a motorcycle. It's treated like any other carry. OC, no license, CCW, license.

Also the bar rules and all that only apply to concealed carry, they do not apply to open carry as there is no law against it.

OC without a permit is illegal on a motorcycle. It seems this law might have been meant to apply to off-road vehicles but it applies to all motorcycles included registered on road vehicles.

This is exactly why I called for removing of Gold Star status for South Dakota. If someone headed to Sturgis took a quick look at OCDO they would mistakenly believe that they are ok to OC without a permit on their motorcycle the same as if they took a car. Because vehicle carry in SD is anomalous then SD should be rated as anomalous.

However Mike does not agree with me, and has not even posted the relevant law on the SD page with a mention that loaded OC on a vehicle without a permit is ok except for a motorcycle.

So, this puts a less than fully informedmotorcyclist at risk of being charged with a class 2 misdemeanor.


32-20-6.6. Carrying firearm on motorcycle or off-road vehicle--Exception for holder of concealed pistol permit or disabled hunter permit--Enforcement--Violation as misdemeanor. No person, other than a law enforcement officer or conservation officer, or any person on the person's own land or land leased by the person, may operate or ride on any motorcycle or off-road vehicle with any firearm in the person's possession unless the firearm is completely unloaded and within a carrying case which encloses the entire firearm. However, this section does not apply to any person who is carrying a pistol and possesses a permit to carry a concealed pistol issued pursuant to chapter 23-7. This section does not apply to any person who holds a permit issued pursuant to §41-8-37 while engaged in hunting from an off-road vehicle in accordance with the provisions of the permit. This section shall be enforced by all law enforcement officers including conservation officers. A violation of this section is a Class 2 misdemeanor.

 

[vmaxanarchist]

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double tap