Highlights
- South Dakota has relatively relaxed gun laws compared to other states.
- You can sell guns to private buyers or FFL dealers in South Dakota.
- Selling a gun to a private buyer doesn’t need a background check.
- There’s no permit required to buy a gun in South Dakota.
- There’s no gun registration in South Dakota.
- If you want to skip the hassle of selling a gun in South Dakota to a private buyer, you can sell it directly to Cash for Arms.
The Gun Laws
There are two primary federal laws that you should keep in mind when selling a gun in South Dakota:
- Brady Handgun Violence Prevention Act. This amended the Gun Control Act. FFL dealers must conduct background checks on all gun buyers. However, this doesn't apply to private gun sellers in South Dakota. Private sellers are individuals without an FFL, such as you. While you don’t have to conduct a background check, it is still illegal to sell a gun to a prohibited person.
- National Firearms Act. This law regulates certain firearms and devices. These include machine guns, short-barreled rifles, and suppressors. Before selling, make sure your gun doesn't fall under NFA regulations. When in doubt, always seek professional help.
As mentioned, no state laws require background checks for private gun sales. However, it's illegal to knowingly sell a gun to a prohibited person in South Dakota.
Under the Brady Law, the following are considered prohibited persons:
- Convicted felons
- Fugitives from justice
- Unlawful users or addicts of controlled substances
- Individuals adjudicated as mental defectives or committed to mental institutions
- Illegal aliens
- Dishonorably discharged veterans
- Those who have renounced U.S. citizenship
- Subjects of certain restraining orders
- Individuals convicted of misdemeanor domestic violence
Also, under federal law, make sure you’re selling a handgun in South Dakota to a person who is at least 18 years old. This is different from FFL dealers. They’re mandated to sell a handgun only to a person who is at least 21 years old.
There’s no minimum age limit for buyers of long guns in private sales. However, as a seller, you have full control over whether or not you should sell a gun to a minor in South Dakota. FFL dealers are mandated to sell a long gun to a person who is at least 18 years old.
Residents and non-residents in South Dakota are not required to have a permit to purchase a gun. However, they may voluntarily obtain one. There’s also no firearm registration.
South Dakota has preemption laws. This means that local governments can’t have stricter gun regulations or laws than the state.
Tips for Your Sale
As a private seller, the following can help you sell your gun safely and legally:
- Identify if your gun is an NFA item or not. Remember that NFA guns are heavily regulated. If you suspect that it’s an NFA item, contact your local ATF office. Ask for help on how to legally dispose of it. If it’s not an NFA item, you may proceed to step 2.
- Clean your gun. Dirty guns can affect their value. Make sure your gun is properly cleaned and well-maintained before selling it in South Dakota. Professional services are available for this, but it can save you money to do it yourself. Just make sure it’s unloaded before cleaning it.
- Find a private buyer. There are many ways to find a private buyer, such as listing your gun details online or spreading it by mouth. The bottom line is: don’t sell it to an individual you suspect is a prohibited person. Always know who you’re dealing with.
- Close the negotiation beforehand. There are many cases where buyers try to renegotiate with you after inspecting the gun, which is reasonable. However, there are also buyers who do this to try to lowball you. Disclose all issues of the gun as much as possible and close the negotiation part before the meeting to avoid wasting time and resources.
- Meet the buyer. Choose safe public places, such as gun shops. This way, you can meet the buyer more safely than somewhere else. Show the gun to the buyer unloaded for inspection. Always be vigilant.
- Close the deal. Once both of you are good, you can now close the sale. A bill of sale is not required, but having one greatly helps. You can use it as proof of the transaction.
- Selling to FFL dealers. When you’re in doubt or are not confident in selling a gun to a private buyer in South Dakota, you can always sell it to an FFL dealer.
Options for Selling a Gun
Another way of selling a gun in South Dakota is through FFL dealers. Instead of spending a lot of time finding a private buyer, you can directly visit an FFL dealer and sell your gun to them.
1. Cash for Arms
Cash for Arms specializes in buying used guns in South Dakota. We offer a quick and convenient option for selling your gun in South Dakota, often providing immediate payment. We beat local offers, making us a great choice for buying used guns in the industry.
Our selling process is the most convenient; you can do everything from home:
- Submit your gun details on our website.
- Accept our offer and ship your gun with our free shipping label.
- Get paid the moment we receive your gun.
Have a large gun collection to sell? Cash for Arms also offers liquidation services in South Dakota! Contact us today to get help from one of our experts.
2. Local Gun Shops
Local gun shops sometimes purchase used firearms to resell. However, Cash for Arms 100% buys used guns, while many local gun shops might not. It’s best to call them ahead to make sure they do buy used guns and not waste time driving to them.
Here’s the process of how to sell to them:
- Locate reputable gun shops in your area.
- Call ahead to confirm they buy used guns.
- Bring your unloaded firearm for evaluation.
- Negotiate the price or accept their offer.
- Complete the necessary paperwork and finalize the sale.
3. Pawn Shops
Pawn shops are another option for selling your gun quickly in South Dakota. They deal with a variety of items, including guns. While convenient, pawn shops may offer lower prices than gun shops and private sales. We recommend calling ahead to see if they buy guns before driving to them.
The process of selling to them is pretty much the same with local gun shops:
- Find pawn shops in South Dakota that accept firearms.
- Bring your unloaded firearm for evaluation.
- Decide whether to accept their offer or negotiate.
- If agreeable, complete the transaction and receive payment.
Conclusion
Selling a gun in South Dakota is relatively straightforward due to the state's relaxed gun laws. However, it's vital to understand and follow both federal and state rules. This is key to ensuring a legal and safe sale, especially if selling to a private buyer.
Always prioritize safety and legality, whether you sell privately or through an FFL dealer. The tips we shared can greatly help you with your selling journey.
If you’d rather sell your gun to Cash for Arms, click “Sell My Gun” to get an offer on your guns, or contact us at (904) 977-5477 to learn more.