How to Sell a Gun in South Dakota?
Selling a gun in South Dakota requires knowledge of the state’s laws to ensure gun owners are not breaking any laws and do not make any mistakes during the transaction. For those considering selling a firearm to another individual through a private sale, being informed of the regulations surrounding the sale of firearms is essential to ensure buyers and sellers follow state and federal law to avoid any legal consequences.
The following information is compiled from a summary of South Dakota Firearm Laws from the South Dakota office of Secretary of State.
Buying and Selling a Firearm in South Dakota
Anyone purchasing a firearm from a licensed firearms dealer must complete a Bureau of Alcohol, Tobacco & Firearms form 4473 (firearms transaction form). This form will be maintained by the dealer. A firearms purchaser must, under the permanent provisions of the Federal Brady Law, also undergo a National Instant Criminal Background Check System check, which will be performed by the firearms dealer.
The check will indicate to the dealer whether the purchaser’s background allows for the person to complete the purchase of the firearm. If the check disallows the sale for no warranted reason, there is an appeal process the purchaser can pursue to receive the necessary clearance to complete the purchase.
How to Legally Conduct a Private Party Sale of a Firearm in South Dakota?
There are no specific laws addressing private sales of a firearm between private parties. However, there are penalties for buyers and sellers if the firearm was sold to an ineligible person, selling a defaced firearm or selling a restricted firearm (explosive weapon, machine gun) which can result in different criminal charges including and up to a felony criminal charge.
South Dakota State Firearm Ownership Restrictions
Generally, South Dakota defaults to federal law regarding the sale and purchase of firearms.
In order to purchase a firearm legally, the buyer must be 18 years old to purchase rifles, shotguns and ammunition. Buyers looking to purchase handguns must be at least 21 years old. No permits or registration are required to own a firearm in the state.
Additionally, the South Dakota State Legislature has mandated that no municipal, township or county government in South Dakota may pass any ordinance that restricts possession, transportation, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components. SDCL § 9-19-20, § 8-5-13 and § 7-18A-36
The following disqualifies a person in South Dakota from purchasing a firearm:
FEDERAL DISQUALIFICATION CATEGORIES
- Conviction (felony or misdemeanor) where the crime has a maximum imprisonment term exceeding 1 year (even if a buyer did not receive actual imprisonment exceeding 1 year).
- Warrant (felony or out-of-state misdemeanor).
- Felony pre-trial release.
- Misdemeanor crimes of domestic violence restraining/stalking/protection order mental health adjudication or commitment.
- Unlawful use or addicted to a controlled substance (including marijuana).
- Dishonorable discharge from the armed forces.
- Renounced U.S. citizenship.
- Illegal alien.
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The information contained on this website has been prepared as a service to the internet community and is not intended to constitute legal advice. CashMyGuns.com has used reasonable efforts in collecting, preparing, and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy, or currency of the information contained in or linked to this website. Users of information from this website or links do so at their own risk and should consult their local firearm law resources and/or an attorney when engaging in selling a firearm. The cited information in this article was obtained on 09/20/21 from https://www.atf.gov/file/117366/download and sdsos.gov/general-services/concealed-pistol-permits/docs/FirearmHandbook.pdf