2025 Legal Guide to Selling a Gun in South Dakota (SD)

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    • Written by Maley DeVriendt
    • Post authorWritten by: Maley DeVriendt
    • Post dateDecember 19, 2024
    • Updated dateDecember 18, 2025
    • 6 min read

    How to Sell a Gun in SD for Cash: The 2025 CashMyGuns Guide

    How to Sell a Gun in South Dakota for Cash in 2025

    Selling a gun in South Dakota requires knowledge of the state’s laws to ensure gun owners do not inadvertently violate regulations during the transaction. South Dakota does not require a background check or permit for private, person-to-person sales between residents, meaning the seller carries a significant legal responsibility to verify the buyer’s eligibility.

    Specifically, under state law (SDCL 22-14-16), providing a firearm to a person with a known prior violent crime conviction is a Class 6 felony. Unlawfully transferring a firearm to any federally prohibited person (such as a convicted felon, or an individual subject to a domestic violence restraining order) can result in serious federal criminal penalties. For those considering a private sale, being fully informed of these state and federal regulations is essential to avoid any legal consequences.

    The following information is compiled from the South Dakota Codified Laws and official guidance from the South Dakota Secretary of State’s Office.

    Best options for selling a gun in South Dakota in 2025?

    There are many ways to handle the sale of firearms in South Dakota, giving sellers a variety of options to choose from.

    • Sell to CashMyGuns.com – South Dakota Best choice in 2025

      CashMyGuns.com provides a reliable online service for anyone looking to sell a firearm. Our process is simple, secure and fully compliant with South Dakota firearm laws. Share the make, model and condition of your gun, and you’ll receive an instant offer right away.

    • Sell to a licensed local dealer

      One option is to sell your firearm to a licensed local dealer. This approach helps ensure full compliance with South Dakota firearm laws, but sellers often receive significantly less than true market value when choosing this route.

    • Sell through a private firearm sale

      Gun owners may also complete a private firearm sale. South Dakota does not require a background check for private, individual-to-individual transfers.

      Even without a background check requirement, both parties can face criminal penalties if a firearm is sold to someone who is prohibited from owning one, if the firearm is defaced, or if it is a restricted weapon such as a machine gun or explosive device. These violations can lead to serious charges, including felonies.
      View ATF guidance for private firearm transfers.

    • Dispose of a firearm legally

      If the goal is simply to dispose of a firearm legally, owners can surrender it to local law enforcement. This method is safe and compliant, but it may result in losing out on the potential value the firearm could earn in a legitimate sale.

    2025 State laws and requirements for selling a gun in South Dakota

    Any individual purchasing a firearm from a licensed dealer (FFL) is required by federal law to complete the ATF Form 4473 (Firearms Transaction Record), which the dealer must maintain. Furthermore, under the permanent provisions of the Federal Brady Law, the firearms purchaser must undergo a National Instant Criminal Background Check System (NICS) check, which the licensed firearms dealer performs.

    This check is crucial as it indicates to the dealer whether the purchaser’s background legally allows them to complete the firearm purchase. Should the NICS check result in a denial that the purchaser believes is unwarranted, a formal appeal process is available to challenge the decision and potentially receive the necessary clearance to complete the transaction.

    2025 Firearm Ownership Restrictions in South Dakota

    Generally, South Dakota defaults to federal law regarding the sale and purchase of firearms. To purchase long guns (rifles, shotguns, and ammunition), a buyer must be at least 18 years old. Buyers looking to purchase handguns from a licensed dealer (FFL) must be at least 21 years old due to federal regulation. However, an individual 18 years or older who is not otherwise prohibited may acquire a handgun in a private sale.

    Additionally, the South Dakota State Legislature has mandated a strong statewide preemption of local firearm regulation (SDCL § 9-19-20, § 8-5-13 and § 7-18A-36). This means that no municipal, township, or county government in South Dakota may pass any ordinance that restricts or imposes a license or tax on the possession, storage, transportation, purchase, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components.

    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.

    Save the Hassle, Sell your Gun to Cash My Guns

    Even though South Dakota’s gun laws are generally permissive, the legal risk for private sellers is serious.

    State law (SDCL §22-14-16) makes it a Class 6 felony to provide a firearm to a person with a known prior violent crime conviction.

    Additionally, unlawfully transferring a firearm to any federally prohibited person can result in serious federal charges. Navigating this liability while verifying a buyer’s legal status can be a source of great stress and overwhelm.

    Cash My Guns offers a simplified, safe, and fully legal alternative for selling your handgun or long gun, ensuring 100% compliance with all South Dakota and federal regulations.

    We eliminate the hard part by utilizing our Federal Firearms Licensee (FFL), who is government-licensed to manage the legal transfer process and fully assume the compliance liability by running the mandatory background check on the receiving end.

    The reality is you can sell your gun without leaving the house: simply tell us which firearm(s) you wish to sell, we’ll make you an offer, and once we agree on a price, you’ll mail us your gun(s) with all expenses paid by us.

    When we receive your gun(s), we get you paid with a check in your hand within a few days, making the process safe, quick, and completely hassle-free.

    When you use Cash My Guns, you get the following unbeatable benefits!

    Free gun appraisal  –  Fair price for your gun –  Free shipping

    Easy shipment tracking throughout the whole process. Speedy payment!

    Begin our safe and discrete process here.

    2025 South Dakota General Resources

    “DISCLAIMER”

    The content on this website is provided as a general informational resource and should not be interpreted as legal advice. While CashMyGuns.com makes every effort to gather and present accurate, reliable, and up to date information, we cannot guarantee the completeness or accuracy of the material on this site or any external links.

    Anyone using the information found here does so at their own risk. Before selling or transferring a firearm, users should always consult official South Dakota firearm law resources or seek guidance from a qualified attorney to ensure full legal compliance.

    2025 South Dakota Gun Sale FAQ's

    • Is it legal to sell a firearm privately in South Dakota in 2025?

      Yes. Private gun sales are legal in South Dakota in 2025 as long as both the buyer and seller are legally eligible to possess firearms. Federal age limits continue to apply: 18 for rifles and shotguns, and 21 for handguns.

    • Do I need a permit to sell a handgun in South Dakota?

      No. South Dakota does not require a permit or license for private handgun sales. Sellers must still use reasonable judgment and avoid transferring firearms to anyone prohibited under state or federal law.

    • Are background checks required for private gun sales in South Dakota?

      No. South Dakota does not require background checks for private, face-to-face firearm sales between state residents. Buyers purchasing from licensed dealers must still pass the standard federal background check.

    • Does South Dakota require firearms to be registered before selling them?

      No. South Dakota does not have firearm registration requirements. While no paperwork is mandated, sellers often keep personal documentation of the sale for their own records.

    • Can I use CashMyGuns to sell my gun safely?

      Absolutely. **CashMyGuns** provides a **secure, hassle-free way** to sell your gun in South Dakota. The platform handles **appraisal, shipping, and payment**, ensuring a **fast and legal transaction**.

    • How does CashMyGuns help South Dakota gun owners?

      CashMyGuns provides firearm valuation, secure prepaid shipping, and fast payment. Their process helps South Dakota residents complete a legal and documented firearm sale without needing to meet private buyers in person.

    • How can I verify that a buyer is legally allowed to own a firearm in South Dakota?

      Sellers should request a valid South Dakota ID to confirm residency and age. If the seller wants additional assurance, they may choose to complete the transfer through an FFL dealer who can run a federal background check.

    • What should be included in a South Dakota firearm bill of sale?

      A bill of sale in South Dakota typically includes the firearm’s make, model, serial number, and caliber, along with both parties’ names, contact information, and the date of the transfer. Keeping a copy offers protection for both sides.

    • Are NFA-regulated firearms handled differently in South Dakota?

      Yes. Machine guns, suppressors, and short-barreled rifles or shotguns are regulated under the National Firearms Act. These transfers require federal approval, ATF paperwork, tax stamps, and background checks regardless of state law.

    • What is a safe way to get a fair price when selling a firearm in South Dakota?

      Selling through a reputable buyer like CashMyGuns ensures transparent market-based pricing and a secure transfer process that complies with all federal requirements in 2025.

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