How to Sell a Gun in South Dakota

State Laws for Private Sales

In South Dakota, any firearm transaction involving a licensed dealer mandates the completion of a Bureau of Alcohol, Tobacco & Firearms form 4473. The dealer is responsible for maintaining this form. South Dakota defaults to federal law regarding firearm sale and purchase. This means the state doesn't impose extra laws on top of those set at the federal level.

Legal Private Party Sales

Private firearm sales in South Dakota aren't governed by specific laws. Instead, guidance for these transactions is provided by the Bureau of Alcohol, Tobacco, Firearms and Explosives. In other words, private parties can conduct sales without additional state-level requirements.

Penalties for Illegal Sales

Despite the relative flexibility, penalties exist for specific infractions. These include selling a firearm to an ineligible person, selling a defaced firearm, or selling a restricted firearm. Violations can result in criminal charges, potentially even a felony.

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Federal Laws for Firearm Sales

Under the Federal Brady Law, the National Instant Criminal Background Check System (NICS) check is mandatory and is performed by the firearms dealer. This check informs the dealer whether the purchaser can legally complete the firearm purchase. If a sale is disallowed without a warranted reason, the purchaser has the right to appeal for necessary clearance.

South Dakota State Firearm Ownership Restrictions

There are specific age thresholds for firearm purchases in South Dakota. Buyers must be 18 years old to purchase rifles, shotguns, and ammunition, and 21 years old to purchase handguns.

Municipal, Township, or County Government Restrictions

In South Dakota, no municipal, township, or county government can pass an ordinance restricting the 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).

Federal Disqualification Categories

Certain individuals are disqualified from purchasing a firearm in South Dakota. These categories include individuals with certain criminal convictions, those with an active warrant, individuals on pre-trial release for a felony, persons convicted of misdemeanor crimes of domestic violence, individuals with a restraining/stalking/protection order, those with mental health adjudication or commitment, individuals unlawfully using or addicted to a controlled substance, individuals with a dishonorable discharge from the armed forces, persons who have renounced U.S. citizenship, and illegal aliens.

Specifics on Types of Firearms

To buy a handgun in South Dakota, one must:

• Be 21 or older
• Provide a state ID
• Have a background check performed by a licensed firearms dealer
• Note that those with a South Dakota concealed carry permit can skip the background check
• Fill out an additional application when buying a handgun from a federally licensed firearms dealer (FFL), unless they have a carry permit

Remember that handgun can be bought through a private sale, which does not require an application or background check

Buying Long Guns

To buy a long gun, one must:

• Be 18 or older
• Provide ID
• Have a background check performed by a licensed firearms dealer
• Understand that no additional applications are needed to buy a long gun

Realize that they can avoid the background check with a CCW permit or through a private sale

Antique Firearms

Antique firearms are exempt from the laws that apply to conventional guns. To be considered an antique, a firearm must have been manufactured before 1899 or be a replica of such a gun. Importantly, it cannot be designed or redesigned to use conventional ammunition or ammunition not available through normal markets.

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Gun Laws for Minors in South Dakota

While individuals under 21 can't buy a handgun, those 18 or older can own one through private sales. Persons under 18 can use a pistol, with parental or guardian consent, under specific conditions.

Long Gun Ownership for Minors

Regulations for long gun ownership for minors align with the general regulations for buying long guns.

Carrying and Transporting Firearms in South Dakota

In South Dakota, open and concealed carry of firearms is permitted without a need for special permits. However, a concealed carry weapon (CCW) permit offers benefits such as bypassing background checks when buying firearms and ensuring reciprocity when traveling.

Transporting Firearms

Without a permit, unloaded handguns must be kept in the trunk or a closed compartment of the vehicle, or in a closed container that can't be concealed on the person or in clothing. Long guns don't need to be kept in a closed compartment, but securing them is advisable for safety and compliance with laws.

South Dakota Concealed Carry (CCW) Information

A CCW permit in South Dakota offers significant benefits. Chief among these is the ability to skip background checks when purchasing firearms.

CCW Application Process

South Dakota has specific laws and application processes for obtaining a CCW permit. It's important to familiarize yourself with these before applying.

Gun Storage Recommendations in South Dakota

Ensuring the safe storage of firearms is crucial, both for safety and compliance with the law. Consider investing in a sturdy safe or gun cabinet. Smaller safes may be a good investment for handgun owners, ensuring accessibility while maintaining security.

Tips for a Successful and Legal Sale

The following are practical tips to consider for a successful and legal sale:

Cleaning and Maintenance

Before putting your firearm on the market, ensure it is in good working condition and properly cleaned. This not only enhances the appeal of your firearm but also reflects respect for the potential buyer.

Accurate Description

When advertising your firearm for sale, provide an accurate and detailed description. This includes information about the make, model, caliber, and any accessories. Clear and honest communication can save both parties a lot of time and trouble.

Documentation

Prepare a complete bill of sale. This document should detail the terms of the sale and protects both parties in case of disputes. It's advisable to include the make, model, caliber, and serial number of the firearm, as well as the buyer's and seller's personal information.

Completing the Sale

Ensure you follow all applicable federal, state, and local laws and regulations. This includes verifying the buyer's eligibility, conducting background checks, and properly documenting the sale.

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Choosing Cash for Arms to Sell Your Firearms

Opting for Cash for Arms is a secure and reliable method for selling your firearm. By selecting a reputable buyer, you can guarantee a smooth and legal transaction while obtaining the best market value for your firearm.

Note:

Selling a firearm in South Dakota involves understanding and complying with various state and federal laws. By adhering to these guidelines, sellers can ensure a legal and safe transaction.