How to Sell a Gun in South Dakota: A Comprehensive Guide
How to Sell a Gun in South Dakota: A Comprehensive Guide
Selling a gun in South Dakota requires knowledge of the state’s laws to ensure gun owners are not breaking any laws and do not make any mistakes during the transaction. For those considering selling a firearm to another individual through a private sale, being informed of the regulations surrounding the sale of firearms is essential to ensure buyers and sellers follow state and federal law to avoid any legal consequences.
The following information is compiled from a summary of South Dakota Firearm Laws from the South Dakota office of Secretary of State.
What Selling Options do Gun Owners Have in South Dakota?
There are a few ways gun owners can sell a firearm in a legal transaction:
- Gun owners can sell a firearm to a local dealer. This is a good way to help ensure gun owners are complying with gun laws in South Dakota for firearm sales. However, sellers may be leaving money on the table by selling for much less than the gun’s actual market value.
- Gun owners can sell a firearm through a private transaction. In the state of South Dakota, there are no specific laws regulating private sales of firearms between two unlicensed individuals in South Dakota. However, there are criminal penalties for buyers and sellers if the firearm was sold to an ineligible person, selling a defaced firearm or selling a restricted firearm (explosive weapon, machine gun), which can result in different criminal charges including and up to a felony criminal charge. Here is the Bureau of Alcohol, Tobacco, Firearms and Explosives guidance on the transfer of a firearm by private sellers.
- Another option if simply wanting to legally dispose of a firearm is surrendering it to local law enforcement. However, by doing this, gun owners potentially lose on hundreds or even thousands of dollars those guns could be worth in a sale.
What is the Process of Buying a Firearm from a Dealer in South Dakota?
Anyone purchasing a firearm from a licensed firearms dealer must complete a Bureau of Alcohol, Tobacco & Firearms form 4473 (firearms transaction form). This form will be maintained by the dealer. A firearms purchaser must, under the permanent provisions of the Federal Brady Law, also undergo a National Instant Criminal Background Check System check, which will be performed by the firearms dealer.
The check will indicate to the dealer whether the purchaser’s background allows for the person to complete the purchase of the firearm. If the check disallows the sale for no warranted reason, there is an appeal process the purchaser can pursue to receive the necessary clearance to complete the purchase.
South Dakota Firearm Ownership Restrictions
Generally, South Dakota defaults to federal law regarding the sale and purchase of firearms.
In order to purchase a firearm legally, the buyer must be 18 years old to purchase rifles, shotguns and ammunition. Buyers looking to purchase handguns must be at least 21 years old.
Additionally, the South Dakota State Legislature has mandated that no municipal, township or county government in South Dakota may pass any ordinance that restricts 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
- 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 Dunlap Gun Buyers
If the hassle of navigating South Dakota’s gun laws seems overwhelming, we’re excited to tell you that there’s a better way!
You can safely, easily and legally sell your handgun or long gun to Dunlap Gun Buyers and be 100% compliant with South Dakota gun laws.
We have a Federal Firearms Licensee, who is licensed by the U.S. Government to help people with selling and transferring of firearms. We take care of the hard part and make the process safe, quick and hassle-free. The reality is you can sell your gun without leaving the house.
Just tell us which gun(s) you’d like 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.
When you use Dunlap Gun Buyers, 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.
“DISCLAIMER”
The information contained on this website has been prepared as a service to the internet community and is not intended to constitute legal advice. CashMyGuns.com has used reasonable efforts in collecting, preparing, and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy, or currency of the information contained in or linked to this website. Users of information from this website or links do so at their own risk and should consult their local firearm law resources and/or an attorney when engaging in selling a firearm. The cited information in this article was obtained on 09/15/23 from https://www.atf.gov/file/117366/download and sdsos.gov/general-services/concealed-pistol-permits/docs/FirearmHandbook.pdf
© 3/15/20