Compare State Gun Laws
Rank for gun law strength
#45
Same rank as last year
#1
Same rank as last year
Gun Law Strength
Composite score
Gun Violence Rate
Gun deaths per 100,000 residents (national average: 14.2)
Foundational laws
Background Check and/or Purchase Permit
Requires Background checks for handgun purchases at point of sale and/or for permit to purchase
South Dakota: no
California: yes
- Does the law cover only handgun purchases, or also rifle and shotgun purchases?
- —
- All firearms (handguns, rifles, and shotguns)
- When is the background check performed?
- —
- Point-of-sale
Concealed Carry Permit Required
Requires any person who carries a concealed firearm in public to first obtain a permit
South Dakota: no
California: yes
- If so, does the state require training?
- —
- Yes
- Does state training include firing an actual gun?
- —
- Yes
Extreme Risk Law
Allows law enforcement (and often family members) to petition for a court order to temporarily prevent someone in crisis from accessing guns.
South Dakota: no
California: yes
- Who may petition for an order?
- —
- Law enforcement, immediate family members, employers, coworkers, teachers, roommates, people with a child in common or who have a dating relationship
No Shoot First Law
Does not have a dangerous Shoot First law in place
Secure Storage or Child Access Prevention Required
Requires that firearms be stored locked, unloaded, and separate from ammunition in certain circumstances
South Dakota: no
California: yes
- When does the law apply?
- —
- Any time not in owner's immediate control
- How does the state define child?
- —
- Under 18
- Does the state law require storage to prevent access by other prohibited people?
- —
- Yes
Gun industry and product safety
Assault Weapons Prohibited
Bars purchase of certain assault-style weapons originally designed for military use
Consumer Safety
Requires new handgun models sold in the state to have childproofing features
Ghost Guns Regulated
Regulates ghost gun parts, ensuring they cannot be sold without serial numbers and a background check
South Dakota: no
California: yes
- What does the state law require?
- —
- Serial numbers and background checks for component parts, all ghost guns must be reported to officials.
High Capacity Magazines Prohibited
Bars purchase of gun magazines larger than a prescribed size
Microstamping for New Handguns
Requires new handgun models sold in the state to include microstamping technology
No Special Immunity for Gun Industry
Does not have a dangerous legal immunity law in place
South Dakota: no
California: yes
- Does the law proactively give gun violence survivors access to justice?
- —
- Yes
Guns in public
Crime Gun Tracing
Requires officials to trace all guns recovered at crime scenes, using the federal tracing system
No Carry After Violent Offense
Bars concealed carry by people with assault or other violent misdemeanor convictions
South Dakota: no
California: yes
- How long is a person disqualified?
- —
- 10 years
No Guns Mandate on College Campuses
Does not force colleges and universities to allow concealed carry
No Guns at State Capitols and/or Demonstrations
Blocks the public carry of guns on state capitol grounds and/or political protests
No Guns in Bars
Blocks the concealed carry of guns in bars
No Guns in K-12 Schools
Does not have a law allowing carry in K–12 schools by staff or other permit holders
South Dakota: no
California: yes
- If not, who is allowed to carry under state law?
- School personnel
- —
Open Carry Regulated
Regulates how guns may be carried visibly in public, either requiring a permit or else barring open carry altogether
South Dakota: no
California: yes
- How is open carry regulated?
- —
- Prohibited for all firearms
Strong Concealed Carry Authority
Allows officials to bar concealed carry by people who pose a danger
South Dakota: no
California: yes
- Does the state also require permission to carry on private property open to the public?
- —
- Yes
Keeping guns out of the wrong hands
Emergency Restraining Order Prohibitor
Bars domestic abusers from having guns while subject to short-term emergency orders
Felony Prohibitor
Bars gun possession by people with felony convictions
South Dakota: no
California: yes
- How long is a person prohibited by the state law?
- —
- Indefinitely
Fugitive from Justice Prohibitor
Bars gun possession by fugitives
South Dakota: no
California: yes
- Does the state prohibitor cover any people with outstanding warrants?
- —
- Yes
Gun Removal Program
Requires officials to identify and seek removal of illegal guns
Hate Crime Prohibitor
Bars people from having guns after a hate crime conviction
Mental Health Prohibitor
Bars gun possession by people who have been involuntarily committed or found to be a danger to self or others
South Dakota: no
California: yes
- How long is a person prohibited by the state law?
- —
- 5 years
Minimum Age to Purchase
Requires handgun buyers to be 21+ and rifle and shotgun buyers to be 18+
South Dakota: no
California: yes
- What is the minimum age for gun buyers?
- —
- 21 for all firearms
No Gun Purchases After Violent Offense
Bars gun purchases by people with assault or other violent misdemeanor convictions
South Dakota: no
California: yes
- Does the prohibitor cover assault and battery crimes?
- —
- Yes
- How long is a person prohibited?
- —
- 10 years
Prohibition for Convicted Domestic Abusers
Bars domestic abusers from having guns after a misdemeanor conviction
South Dakota: yes
California: yes
- Does the law close the boyfriend loophole by covering abusive dating partners?
- No
- Yes
Prohibition for Domestic Abusers Under Restraining Orders
Bars domestic abusers from having guns while subject to restraining orders
South Dakota: no
California: yes
- Does the law close the boyfriend loophole by covering abusive dating partners?
- —
- Yes
Relinquishment for Convicted Domestic Abusers
Requires domestic abusers to turn in guns after a misdemeanor conviction
South Dakota: no
California: yes
- Does the state bar the surrender of firearms to third parties?
- —
- Yes
Relinquishment for Domestic Abusers Under Restraining Orders
Requires domestic abusers to turn in guns when a restraining order is placed
South Dakota: no
California: yes
- Does the state bar the surrender of firearms to third parties?
- —
- Yes
School Threat Assessment Teams
Requires threat assessment programs to identify students at risk of violence
Stalker Prohibitor
Bars gun possession by convicted stalkers
South Dakota: no
California: yes
- How long is a person prohibited by the state law?
- —
- 10 years
Policing and civil rights
Funding for Services for Victims of Gun Violence
Issues targeted solicitations to use federal Victims of Crime Act (VOCA) funds to assist victims of gun violence or for gun violence intervention
Local Gun Laws Allowed
Does not preempt towns and cities from making their own gun safety policy
South Dakota: no
California: yes
- If not, does the state also threaten to punish localities that regulate firearms?
- No
- —
No Law Enforcement Officers Bill of Rights
Does not impede efforts to hold police accountable for excessive force and other misconduct
Office of Violence Intervention
Has a dedicated office for gun violence prevention
Police Use of Deadly Force Standard
Bars deadly force unless necessary to prevent serious bodily injury, does not make exception for felony suspects fleeing arrest
Police Use of Force Incident Data Collection and Reporting
Requires law enforcement agencies to collect and report data on use of force incidents
Qualified Immunity Limited
Limits qualified immunity, a legal shield for police officers accused of civil and constitutional violations
Violence Intervention Program Funding
State budget includes funding for community violence intervention programming
Sales and permitting
Authority to Deny Gun Purchase for Public Safety
Allows officials to deny sales if buyer poses a danger
Charleston Loophole Closed or Limited
Ensures gun sales can’t proceed while a background check is still ongoing
South Dakota: no
California: yes
- What does the state law require?
- —
- 10-day waiting period for all firearm sales; extends time for background check to 30 days.
Dealer License Required
Requires all gun dealers to obtain a state license
Lost and Stolen Reporting
Requires gun owners to notify law enforcement if their guns are lost or stolen
Mental Health Record Reporting
Requires or allows officials to report prohibiting records into the background check system
South Dakota: yes
California: yes
- Are officials required to report, or merely allowed to do so?
- Required
- Required
Notification of Failed Background Checks
Requires notice to law enforcement when a prohibited person tries to buy a gun
Sales Records Sent to Law Enforcement
Requires all handgun sale information be recorded by officials
Training Required to Purchase Guns
Requires certain gun buyers to take a training course before their purchase
Waiting Periods
Requires gun buyers to wait a prescribed time before completing a purchase