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South Dakota 80 Percent Lower Laws

80 Percent Arms   |   Feb 1st 2022

Disclaimer: To get started, we want to share a small disclaimer. We are dedicated and proud supporters of everything 2nd amendment, but we are not lawyers. So, before you take what you read here and run with it, you will want to double-check all of your local or state gun laws. Make sure you are up to date on any special regulations that may apply to you and your situation. Gun laws are always changing and always do your part to stay up to date with the newest and current laws.

This information is provided as a service to the public. It is NOT intended to be taken as legal advice and should never be considered as such. Make sure to do your own research as you and you alone are responsible for your own actions.

This is a developing list of information we intend to update regularly to stay accurate and current. If you see a discrepancy or a mistake with your home state’s laws that we’ve covered, feel free to let us know so we can correct it. Thank you and stay safe!

What is an 80% Lower?

An 80% lower receiver is an unfinished and unserialized blank which requires some machining work from the end user to turn it into a 100% lower receiver, otherwise, what is legally considered as a firearm. 80 lowers are missing the trigger pocket and three holes that need to be milled and drilled out to be completed. Unless states have passed their own laws barring the possession or sales of 80% products; pending the ATF's updated decision from the most recent proposed rule 2021R-05 80% lowers are completely legal, not considered firearms and thus can be shipped straight to your front door. No FFL required. To explore the 80 percent lowers we have to offer, check out our multiple collections.

Are 80 Lowers Legal In South Dakota?

As of this guide’s initial publish date, 80% lower receivers and frames are not considered as firearms by the ATF and are legal to ship directly to buyers residing in the state of South Dakota.

Do I Need to Serialize My 80 Lower in South Dakota?

If you build out your own firearms starting with 80 lowers in South Dakota you do not need to serialize the lower receiver or frame as there are currently no laws requiring citizens to do so. Should you wish to serialize your lower receiver you certainly can if necessary through our 80 lower engraving services.

Key Gun Laws in South Dakota

Other than laws regarding 80 lowers, these are the key gun laws you should be aware of if you reside or are traveling through South Dakota.

Firearm Possession and Purchase Requirements

To purchase a long gun in South Dakota buyers must be at least 18 years old. To purchase a handgun in South Dakota buyers must be at least 21 years old. No extra permits are needed to purchase handguns or long guns in South Dakota nor is extra registration necessary. South Dakota’s minimum age for possession of handguns is 18 years old and there is no minimum age restriction for possession of long guns. In the event a minor is in possession of a handgun the normal exemption applies when minors have prior written consent from their parents or guardian or if they are in direct supervision or presence of their parents, guardian or when attending a hunter’s or firearms safety course, using the gun for target practice or recreational shooting at an established range, involved in an organized competition, hunting or trapping with a valid license, traveling to and from these events, or at their own residence with permission and supervision of a parents or a legal guardian.

All firearm purchases and transfers require a background check not including private party transfers (Dealer Record of Sale also known as 4473 form or “DROS”). While federal law requires federal firearm license holders (“FFL’s”:) to initiate background checks on buyers prior to the sale of a firearm, federal law also allows states to serve as their own “point of contact” and conduct their own background checks via state, federal records or databases, as well as the option to use the FBI’s National Instant Criminal Background Check System (“NICS”) database. South Dakota is not a point of contact for the NICS and as a result, dealers must conduct their background checks by going through the FBI. South Dakota CCW holders are exempt from background checks when purchasing a gun from a FFL dealer.

Open and Concealed Carrying

South Dakota is a “shall-issue” and permitless carry state for concealed carrying. Permits are still being issued for reciprocity purposes with other states in the form of “CCP’s” or a Concealed Pistol Permit. Open carrying is also legal in South Dakota without a permit. Some areas are off limits and when open carrying in a vehicle it must be plainly within site. There are three different types of CPP’s: a regular permit, Gold Card permit, and Enhanced permit. The regular permit allows residents to carry concealed and is also recognized in other states. Having the gold card permit allows gun buyers to skip the background check and any waiting periods. The enhanced permit requires a firearms training class and is recognized by an additional 7 states in terms of CCW reciprocity. South Dakota recognizes all permits from other states. For more details on their concealed carrying policies see South Dakota’s reciprocity map here.

NFA Restrictions

South Dakota is a very NFA friendly state and their laws regarding NFA weapons or related items are pretty straightforward. So long as these items were legally acquired and have the proper forms and documentation filed with the ATF, all NFA weapons and items are legal for South Dakotans to possess and own. Additionally, you can even hunt with a suppressor in South Dakota, a benefit which is commonplace in Europe and unfortunately not more often allowed in the United States. Of course, that also means that there are no “assault weapon” bans to worry about in South Dakota either. Our founding fathers would be proud.

Magazine Capacity Restrictions

There are no magazine capacity restrictions in South Dakota. Enjoy those sticks, drums and belt-fed box magazines! We carry plenty of standard capacity magazines like Lancer's 30-round Warfighter mag. Our favorite color is the translucent smoke one.

Mandatory Storage Requirements

South Dakota does not have any mandatory storage requirements but you should still exercise caution because you can be tried for negligently leaving your guns accessible to children. If you need some good ideas or best practices for storing your guns and gear here are five home firearm storage options.

Self-Defense

When in South Dakota, there is no duty to retreat before force for self-defense can be used because there is a law similar to ‘ stand your ground legislation’ in place as well as a castle doctrine. If a person believes there is a reasonable belief of danger, South Dakota allows its residents to use force and or violence against another person.

Ammunition Purchase

South Dakota does not require a license for the purchase, possession or sale of ammo. Basically all ammunition is unrestricted in South Dakota. Online ammo purchases require buyers to be at least 21 years old but can be mailed straight to your front door.

Start Your Next 80 Lower Build with 80% Arms!

South Dakota residents are completely free to build their own firearms from 80 lowers and frames without any required serialization or FFL transactions. At this time there have not been any bans on 80 percents so take advantage of your constitutional Second Amendment right and freedom to keep, bear and build your own arms while you can! Grab an 80 lower jig and some buddies to enjoy that freedom together and let us know if you need any advice with your build at any point in the process. Friends, live free.