Yes, pepper spray is legal in South Dakota for self-defense, provided it meets state-specific requirements. South Dakota does not impose a permit requirement for possession or purchase, but devices exceeding 2% oleoresin capsicum (OC) concentration or containing more than 2% by mass of capsaicinoids are prohibited. Local ordinances, such as those enforced by the Sioux Falls Police Department, may impose additional restrictions on public carry. As of 2026, compliance with federal regulations under the Federal Aviation Administration (FAA) remains critical for travelers transporting pepper spray in checked luggage.
Key Regulations for Pepper Spray in South Dakota
- Concentration Limits: Devices must contain no more than 2% OC concentration or 2% capsaicinoids by mass. Higher concentrations are classified as prohibited weapons under South Dakota Codified Laws § 22-1-2(20).
- Purchase Restrictions: Retailers must verify buyer age (18+) and maintain sales records for three years, per South Dakota Division of Criminal Investigation (DCI) guidelines. Online sales require age verification via third-party services.
- Public Carry Prohibitions: While possession is lawful, carrying pepper spray in secured areas (e.g., courthouses, schools) violates South Dakota’s 2024 Public Safety Enhancement Act, enforced by local law enforcement agencies.