South Dakota question - do they honor a MN permit to carry?

[FargoFlash]

Greetings all - I'm wondering if anybody with some knowledge of South Dakota rules and regs might be able to help me. I'm getting conflicting information as to whether SoDak will honor a Minnesota Permit to Carry. The Minnesota State Gov't sites say they do, as well as two well known and generally trustworthy CCW sites that keep track of such matters; however, I have accessed a couple of SoDak Gov't sites that list states they either have reciprocity with or will honor, and Minnesota is NOT on those lists. I'm not sure if those pages are just out of date, or what. I kind of err on the side of caution, as Minnesota's carry law is not a concealed carry law (open carry is fine,) whereas SoDak is, and of the 12 states whose permits Minnesota will honor, South Dakota is not one of them, which seems strange to me.

Anybody here with a definitive answer? Thanks in advance.

 

[Aguila Blanca]

While I do not have a definitive answer for you, I am concerned that your closing statement suggests you may not understand how reciprocity (if it exists) works. Regardless of what Minnesota's law is, IF South Dakota recognizes the MN permit, that allows you to carry in SD in accordance with SD law. If SD allows only concealed carry, then the MN (or any other state's permit) would allow only concealed carry in SD ... irrespective of what might be allowed in each respective home state.

If you have found South Dakota official web sites that give conflicting information, I would not rely on anything from any Internet forum to make a determination. Call or write the South Dakota AG, call his/her attention to the conflicting official web sites, and ask what the law actually allows.

 

[Hammer1]

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Didn't think there was reciprocity between Minnesota and the Dakotas on any topic including marriage licenses and divorces.


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[wally626]

The NRA-ILA site has SD listed as accepting all state permits. so MN would of course be included. The data is listed as valid as of August 2010.

From the SD law search, http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=23-7

23-7-7.4. Nonresident permit to carry concealed pistol--Validity in South Dakota--Application. Any valid permit to carry a concealed pistol, issued to a nonresident of South Dakota, is valid in South Dakota according to the terms of its issuance in the state of its issue, but only to the extent that the terms of issuance comply with any appropriate South Dakota statute or promulgated rule. However, if the holder of such a nonresident permit to carry a concealed pistol becomes, at any time, a legal resident of South Dakota, the provisions of this section no longer apply.
Source: SL 2005, ch 123, § 1.

It is also good to review the specific carry rules that may exist in SD for concealed weapons. The MN allows you to carry concealed but you need to follow SD law when doing so.

The NRA site lists the rules as being fairly light.

A permittee may not carry a concealed pistol into: • an establishment licensed to serve alcoholic beverages on the premises if the establishment derives more than 50%
of its sales from alcoholic beverages, • a county courthouse, • an elementary or secondary school premises, including
school vehicles or buildings, • a snowmobile, unless firearm is unloaded and entirely
enclosed in a carrying case, • a game preserve or refuge unless the permit holder is:
o on a public highway and the firearm is enclosed in a case; or
o a resident within the preserve or refuge and is carry- ing the firearm to use against non-game and preda- tory animals or birds on his or her own premises.

 

[B. Adams]

Your permit is definitely good in South Dakota. As has been noted, we don't have formal reciprocity with many states, but we honor a permit from any state.

Just a note, the state capitol is defined as a county courthouse under state law, so carrying is off limits there.

I was under the impression that it was OK to carry a concealed handgun in a game preserve, so I checked the law. 41-5-7. It seems to affect only hunting guns, so unless you carry a scoped large-caliber handgun, I think you're OK. Although, you probably won't be visiting a game preserve on this trip....

41-5-7. Hunting and carrying of firearms within preserve or refuge as misdemeanor. It is a Class 2 misdemeanor for any person to hunt within the limits of the boundaries of "the state game preserve," and any and all game and bird refuges now established or which may be hereafter established. It is a Class 2 misdemeanor for any person to carry any rifle, shotgun, or other hunting firearm across or upon any game preserve or refuge of the state, except as provided by § 41-5-8.

Source: SDC 1939, § 25.0904; SL 1965, ch 114; SL 1977, ch 190, § 547.

 

[Kreyzhorse]

If you haven't checked out www.handgunlaw.us it would be worth a look.

 

[Support_and_Defend]

I kind of err on the side of caution, as Minnesota's carry law is not a concealed carry law (open carry is fine,) whereas SoDak is

Open carry is legal in South Dakota with or without any permit at all.

http://www.opencarry.org/sd.html

Summary
South Dakota is one of our "Gold Star" open carry states. Open carry is common in many parts of South Dakota and all firearm laws are fully preempted at the state level.