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South Dakota Gun Laws

last updated: February 3, 2017

Gun laws are posted here as a courtesy only and are updated as often as possible. Please check with the actual state website for any additions / revisions to law that may have been made. Up to date information can be found at http://legis.sd.gov/Statutes/Codified_Laws/default.aspx.

South Dakota Constitution Article VI, Section 24

The right of the citizens to bear arms in defense of themselves and the state shall not be denied.

TITLE 1 - STATE AFFAIRS AND GOVERNMENT

CHAPTER 26 - Administrative Procedure And Rules

§1-26-6.10 - Restriction of licensee's right or privilege to carry or possess pistol prohibited

No state agency may adopt or promulgate any rule that restricts any right or privilege to carry or possess a pistol in contravention to authority being exercised in accordance with being licensed to carry a concealed pistol pursuant to chapter 23-7.

Source: SL 2006, ch 5, §1.

TITLE 7 - COUNTIES

CHAPTER 18A - Ordinances And Resolutions

§7-18A-36 - Firearms regulation ordinances prohibited

No county may pass any ordinance that restricts possession, transportation, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components. Any ordinances prohibited by this section are null and void.

Source: SL 1983, ch 38, §2.

TITLE 8 - TOWNSHIPS

CHAPTER 5 - Township Board Of Supervisors

§8-5-13 - Firearms regulation ordinances prohibited

No township may pass any ordinance that restricts possession, transportation, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components. Any ordinances prohibited by this section are null and void.

Source: SL 1983, ch 38, §3.

TITLE 9 - MUNICIPAL GOVERNMENT

CHAPTER 9-19 - Ordinances And Resolutions

§9-19-20 - Firearms regulation ordinances prohibited

No municipality may pass any ordinance that restricts possession, transportation, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components. Any ordinances prohibited by this section are null and void.

Source: SL 1983, ch 38, §1.

TITLE 13 - EDUCATION

CHAPTER 32 - Supervision Of Students And Conduct Of School

§13-32-7 - (2013) Possession of firearms on elementary or secondary school premises or vehicle as misdemeanor--Exceptions

Possession of firearms on or in elementary or secondary school premises or vehicle as misdemeanor--Exceptions. Any person, other than a law enforcement officer or school sentinel acting pursuant to §13-64-1, who intentionally carries, has in his possession, stores, keeps, leaves, places, or puts into the possession of another person, any firearm, or air gun, whether or not the firearm or air gun is designed, adapted, used, or intended primarily for imitative or noisemaking purposes, or any dangerous weapon, on or in any elementary or secondary school premises, vehicle, or building or any premises, vehicle, or building used or leased for elementary or secondary school functions, whether or not any person is endangered by such actions, is guilty of a Class 1 misdemeanor. This section does not apply to starting guns while in use at athletic events, firearms, or air guns at firing ranges, gun shows, and supervised schools or sessions for training in the use of firearms. This section does not apply to the ceremonial presence of unloaded weapons at color guard ceremonies.

SL 1961, ch 49; SL 1979, ch 120; SL 1982, ch 86, §145; SL 1990, ch 129; SL 1991, ch 147, §1; SL 1993, ch 142; SL 2002, ch 90, §1; SL 2013, ch 93, §8.

TITLE 22 - CRIMES

CHAPTER 1 - Definitions And General Provisions

§22-1-2 - Definition of terms

Terms used in this title mean:

  1. If applied to the intent with which an act is done or omitted:
    1. The words, "malice, maliciously," and all derivatives thereof import a wish to intentionally vex, annoy, or injure another person, established either by proof or presumption of law;
    2. The words, "intent, intentionally," and all derivatives thereof, import a specific design to cause a certain result or, if the material part of a charge is the violation of a prohibition against conduct of a certain nature, regardless of what the offender intends to accomplish thereby, a specific design to engage in conduct of that nature;
    3. The words, "knowledge, knowingly," and all derivatives thereof, import only a knowledge that the facts exist which bring the act or omission within the provisions of any statute. A person has knowledge if that person is aware that the facts exist which bring the act or omission within the provisions of any statute. Knowledge of the unlawfulness of such act or omission is not required;
    4. The words, "reckless, recklessly," and all derivatives thereof, import a conscious and unjustifiable disregard of a substantial risk that the offender's conduct may cause a certain result or may be of a certain nature. A person is reckless with respect to circumstances if that person consciously and unjustifiably disregards a substantial risk that such circumstances may exist;
    5. The words, "neglect, negligently," and all words derived thereof, import a want of attention to the nature or probable consequences of an act or omission which a prudent person ordinarily bestows in acting in his or her own concerns;
    6. If the section defining an offense provides that negligence suffices to establish an element thereof, then recklessness, knowledge, intent, or malice also constitutes sufficient culpability for such element. If recklessness suffices to establish an element of the offense, then knowledge, intent or malice also constitutes sufficient culpability for such element. If knowledge suffices to establish an element of an offense, then intent or malice also constitutes sufficient culpability for such element. If intent suffices to establish an element of an offense, then malice also constitutes sufficient culpability for such element;
  2. "Actor," the person who takes the active part in a transaction;
  3. "Affirmative defense," an issue involving an alleged defense to which, unless the state's evidence raises the issue, the defendant, to raise the issue, must present some credible evidence. If the issue involved in an affirmative defense is raised, then the guilt of the defendant must be established beyond a reasonable doubt as to that issue as well as all other elements of the offense;
  4. "Antique firearm," any firearm, including any firearm with a matchlock, flintlock, percussion cap or similar type of ignition system, manufactured before 1899, and any replica of any firearm described in this section if such replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition or if it uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade;
  5. "Check," any check, draft, order or other commercial device which orders a financial institution to pay a sum certain of money on its presentment;
  6. "Concealed," any firearm that is totally hidden from view. If any part of the firearm is capable of being seen, it is not concealed;
  7. "Consideration," any type of property or thing of legal value, whether delivered in the past, present or to be delivered in the future. The term includes an unfulfilled promise to deliver. The term may include an advantage or benefit to the promisor or a loss or detriment to the promisee. Any amount, advantage or inconvenience, no matter how trifling, is sufficient to constitute consideration;
  8. "Controlled weapon" includes any firearm silencer, machine gun, or short shotgun, as those terms are defined in subdivisions (17), (23), and (46) of this section;
  9. "Crime of violence," any of the following crimes or an attempt to commit, or a conspiracy to commit, or a solicitation to commit any of the following crimes: murder, manslaughter, rape, aggravated assault, riot, robbery, burglary in the first degree, arson, kidnapping, felony sexual contact as defined in §22-22-7, felony child abuse as defined in §26-10-1, or any other felony in the commission of which the perpetrator used force, or was armed with a dangerous weapon, or used any explosive or destructive device;
  10. "Dangerous weapon" or "deadly weapon," any firearm, stun gun, knife, or device, instrument, material, or substance, whether animate or inanimate, which is calculated or designed to inflict death or serious bodily harm, or by the manner in which it is used is likely to inflict death or serious bodily harm;
  11. "Dealer in stolen property," any person who:
    1. Is found in possession or control of property stolen from two or more persons on separate occasions; or
    2. Has received stolen property in another transaction within the year preceding the commencement of the prosecution; or
    3. Trades in property similar to the type of stolen property received and acquires such property for a consideration which that person knows is substantially below its reasonable value;
  12. "Deprive," to take or to withhold property of another or to dispose of property of another so as to make it unlikely that the owner will receive it;
  13. "Destructive device,"
    1. Any bomb, grenade, explosive missile, or similar device or any launching device therefor; or
    2. Any breakable container which contains a flammable liquid with a flashpoint of one hundred and fifty degrees Fahrenheit or less and has a wick or similar device capable of being ignited;
    3. The term does not include "permissible fireworks," defined by §34-37-5; any device which is neither designed nor redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety or similar device; surplus ordnance sold, loaned or given by the secretary of the army pursuant to the provisions of 10 U.S.C. §4684(2), 4685, or 4686; or any other device which is an antique or is a rifle which the owner intends to use solely for sporting purposes;
  14. "Explosive," any substance, or combination of substances, that is used for the purpose of detonation and which, upon exposure to any external or internal force or condition, is capable of a relatively instantaneous release of gas and heat. The term does not include "permissible fireworks," as defined by §34-37-5;
  15. "Financial institution," a bank, insurance company, credit union, savings and loan association, investment trust, or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment;
  16. "Firearm," any weapon from which a projectile or projectiles may be discharged by gunpowder. As used in this subdivision, the term, gunpowder, includes any propellant that upon oxidization emits heat and light and is commonly used in firearms cartridges;
  17. "Firearm silencer," any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver, pistol, or other firearm to be silent, or intended to lessen or muffle the noise of the firing of any such weapon;
  18. "Government," the United States, any state, county, municipality, school district, or other political unit, or any department, agency, or subdivision of any of the foregoing, or any corporation or other association carrying out the functions of any of the foregoing;
  19. "Immediate family," any spouse, child, parent, or guardian of the victim;
  20. "Insanity," the condition of a person temporarily or partially deprived of reason, upon proof that at the time of committing the act, the person was incapable of knowing its wrongfulness, but not including an abnormality manifested only by repeated unlawful or antisocial behavior;
  21. "Intoxication," a disturbance of mental or physical capacities resulting from the introduction of substances into the body. Intoxication is not, in itself, a mental disease or defect;
  22. "Law enforcement officer," any officer, prosecutor, or employee of the state or any of its political subdivisions or of the United States, or, while on duty, an agent or employee of a railroad or express company or security personnel of an airline or airport, who is responsible for the prevention, detection, or prosecution of crimes, for the enforcement of the criminal or highway traffic laws of the state, or for the supervision of confined persons or those persons on supervised release or probation;
  23. "Machine gun," any firearm, whatever its size and usual designation, that automatically discharges two or more cartridges by a single function of the firing device;
  24. "Mental illness," any substantial psychiatric disorder of thought, mood or behavior which affects a person at the time of the commission of the offense and which impairs a person's judgment, but not to the extent that the person is incapable of knowing the wrongfulness of such act. Mental illness does not include abnormalities manifested only by repeated criminal or otherwise antisocial conduct;
  25. "Moral turpitude," an act done contrary to justice, honesty, principle, or good morals, as well as an act of baseness, vileness, or depravity in the private and social duties which a person owes to his fellow man or to society in general;
  26. "Motor vehicle," any automobile, motor truck, motorcycle, house trailer, trailer coach, cabin trailer, or any vehicle propelled by power other than muscular power;
  27. "Obtain,"
    1. In relation to property, to bring about a transfer or purported transfer of a legal interest in the property, whether to the actor or another; or
    2. In relation to labor or service, to secure performance thereof;
  28. "Occupied structure," any structure:
    1. Which is the permanent or temporary habitation of any person, whether or not any person is actually present;
    2. Which at the time is specially adapted for the overnight accommodation of any person, whether or not any person is actually present; or
    3. In which at the time any person is present;
  29. "Offense" or "public offense," any crime, petty offense, violation of a city or county ordinance, or act prohibited by state or federal law;
  30. "Pass," to utter, publish or sell or to put or send forth into circulation. The term includes any delivery of a check to another for value with intent that it shall be put into circulation as money;
  31. "Person," any natural person, unborn child, association, limited liability company, corporation, firm, organization, partnership, or society. If the term is used to designate a party whose property may be the subject of a crime or petty offense, it also includes the United States, any other country, this state, and any other state or territory of the United States, and any of their political subdivisions, agencies, or corporations;
  32. "Pistol," any firearm with a barrel less than sixteen inches in length, designed to expel a projectile or projectiles by the action of an explosive;
  33. "Private place," a place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance, but does not include a place to which the public or a substantial group thereof has access;
  34. "Process," any writ, warrant, summons, or order issued in the course of judicial proceedings;
  35. "Property," anything of value, including, but not limited to, motor vehicles, real estate, tangible and intangible personal property, contract rights, choses-in-action, and other interests in or claims to wealth, admission or transportation tickets, captured or domestic animals, food and drink, electric or other power, services, and signatures which purport to create, maintain, or extinguish any legal obligation;
  36. "Property of another," property in which any person other than the actor has an interest upon which the actor is not privileged to infringe, regardless of the fact that the actor also has an interest in the property and regardless of the fact that the other person might be precluded from civil recovery because the property was used in an unlawful transaction or was subject to forfeiture as contraband. Property in possession of an actor may not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security agreement;
  37. "Public employee," any person employed by the state or any of its political subdivisions, who is not a public officer;
  38. "Public office," the position held by a public officer or employee;
  39. "Public officer," any person who holds a position in the state government or in any of its political subdivisions, by election or appointment, for a definite period, whose duties are fixed by law, and who is invested with some portion of the sovereign functions of government;
  40. "Public record," any official book, paper, or record created, received, or used by or in any office or agency of the state or of any of its political subdivisions;
  41. "Publish," to disseminate, circulate or place before the public in any way, other than by speech which is not mechanically or electronically amplified;
  42. "Receive," to acquire possession, control or title, or to lend or borrow on the security of the property;
  43. "Service," labor that does not include a tangible commodity. The term includes, but is not limited to: labor; professional advice; telephone, cable television and other utility service; accommodations in hotels, restaurants or elsewhere; admissions to exhibits and entertainments; the use of machines designed to be operated by coin or other thing of value; and the use of rental property;
  44. "Seller," any person or employee engaged in the business of selling pistols at retail;
    1. "Serious bodily injury," such injury as is grave and not trivial, and gives rise to apprehension of danger to life, health, or limb;
  45. "Short rifle," any rifle having a barrel less than sixteen inches long, or an overall length of less than twenty-six inches;
  46. "Short shotgun," any shotgun having a barrel less than eighteen inches long or an overall length of less than twenty-six inches;
  47. "Signature," any name, mark or sign written with intent to authenticate any instrument or writing;
  48. Deleted by SL 2005, ch 120, §357
  49. "Structure," any house, building, outbuilding, motor vehicle, watercraft, aircraft, railroad car, trailer, tent, or other edifice, vehicle or shelter, or any portion thereof;
  50. "Stun gun," any battery-powered, pulsed electrical device of high voltage and low or no amperage that can disrupt the central nervous system and cause temporary loss of voluntary muscle control of a person;
    1. "Unborn child," an individual organism of the species homo sapiens from fertilization until live birth;
  51. "Unoccupied structure," any structure which is not an occupied structure;
  52. "Vessel," if used with reference to shipping, any ship of any kind and every structure adapted to be navigated from place to place;
  53. "Victim," any natural person against whom the defendant in a criminal prosecution has committed or attempted to commit a crime;
  54. "Voluntary intoxication," intoxication caused by substances that an actor knowingly introduces into his or her body, the tendency of which is to cause intoxication;
  55. "Written instrument," any paper, document, or other instrument containing written or printed matter or the equivalent thereof, used for purposes of reciting, embodying, conveying, or recording information, and any money, credit card, token, stamp, seal, badge, trade mark, service mark or any evidence or symbol of value, right, privilege or identification, which is capable of being used to the advantage or disadvantage of some person.

Source: Preliminary clause: SDC 1939, §13.0102; SL 1976, ch 158, §1-1; SL 1977, ch 189, §2; SL 1994, ch 351, §41. Subd. (1): SDC 1939, §13.0102 (1); SL 1976, ch 158, §1-1 (1); SL 1977, ch 189, §3; SL 1978, ch 158, §1; SL 2005, ch 120, §357. Subds. (2), (3): SL 1976, ch 158, §1-1 (2), (3). Subd. (4): SL 1985, ch 190, §3. Subd. (5): SL 1976, ch 158, §1-1 (5); SL 2005, ch 120, §357. Subd. (6): SL 1985, ch 190, §4. Subd. (7): SL 1976, ch 158, §1-1 (6). Subd. (8): SL 1976, ch 158, §14-1; SL 1977, ch 189, §4; SL 2005, ch 120, §357. Subd. (9): SL 1976, ch 158, §1-1 (7); SL 1977, ch 189, §5; 1 158, §2; SL 1978, ch 169, §9; SL 1988, ch 185; SL 1992, ch 165; SL 2001, ch 145, §2; SL 2002, ch 102, §1; SL 2005, ch 120, §357; SL 2007, ch 141, §1. Subd. (10): SL 1976, ch 158, §1-1 (8); SL 2005, ch 120, §357. Subd. (11): SL 1976, ch 158, §30A-1 (1); SL 1977, ch 189, §6; SL 2005, ch 120, §357. Subd. (12): SL 1976, ch 158, §30A-1 (2). Subd. (13): SL 1972, ch 140, §1 (a); SDCL Supp, §22-14A-1 1976, ch 158, §1-1 (9); SL 1977, ch 189, §7. Subd. (14): SL 1972, ch 140, §1 (b), (c); SDCL Supp, §22 22-14A-3; SL 1976, ch 158, §1-1 (10). Subd. (15): SL 1976, ch 158, §1-1 (11). Subd. (16): SL 1976, ch 158, §1-1 (12); SL 1977, ch 189, §8; SL 2005, ch 120, §357. Subd. (17): SL 1976, ch 158, §14-1 (1). Subd. (18): SL 1976, ch 158, §30A-1 (3). Subd. (19): SL 1986, ch 192, §2; SL 2005, ch 120, §357. Subd. (20): SL 1983, ch 174, §2; SL 2005, ch 120, §357. Subd. (21): SL 1976, ch 158, §1-1 (14). Subd. (22): SL 1976, ch 158, §1-1 (15); SL 1977, ch 189, §9; SL 2005, ch 120, §357; SL 2011, ch 114, §1. Subd. (23): SL 1976, ch 158, §14-1 (2); SL 1977, ch 189, §10 Subd. (24): SL 1976, ch 158, §1-1 (16); SL 1977, ch 189, §11; SL 1983, ch 174, §1; SL 2005, ch 120, §357. Subd. (25): SL 1976, ch 158, §1-1 (17). Subd. (26): SL 1976, ch 158, §1-1 (18); SL 1977, ch 189, §12; SL 2005, ch 120, §357. Subd. (27): SL 1976, ch 158, §30A-1 (4). Subds. (28) to (30): SL 1976, ch 158, §1-1 (19) to (21). Subd. (31): SDC 1939, §13.0102 (4); SL 1976, ch 158, §1-1 (22); SL 1995, ch 122, §2; SL 2005, ch 120, §357. Subds. (32) to (35): SL 1976, ch 158, §1-1 (23) to (26); SL 2005, ch 120, §357. Subd. (36): SL 1976, ch 158, §30A-1 (5); SL 2005, ch 120, §357. Subds. (37) to (41): SL 1976, ch 158, §1-1 (27) to (31); SL 2005, ch 120, §357. Subd. (42): SL 1976, ch 158, §30A-1 (6). Subd. (43): SL 1976, ch 158, §1-1 (32); SL 1977, ch 189, §13. Subd. (44): SL 1985, ch 190, §5. Subd. (44A): SL 2005, ch 120, §114. Subd. (45): SL 1976, ch 158, §14-1 (3); SL 2005, ch 120, §357. Subd. (46): SL 1976, ch 158, §14-1 (4); SL 2005, ch 120, §357. Subd. (47): SDC 1939, §13.0102 (5); SL 1976, ch 158, §1-1 (32); SL 2005, ch 120, §357. Subd. (48): SL 1976, ch 158, §30A-1 (7); SL 2005, ch 120, §357. Subd. (49): SL 1976, ch 158, §1-1 (33); SL 2005, ch 120, §357. Subd. (50): SL 1985, ch 175, §1. Subd. (50A): SL 1995, ch 122, §1. Subd. (51): SL 1976, ch 158, §1-1 (34). Subd. (52) SDC 1939, §13.0102 (6); SL 1976, ch 158, §1-1 (35); SL 2005, ch 120, §357. Subd. (53): SL 1986, ch 192, §2. Subd. (54): SL 1976, ch 158, §1-1 (36); SL 2005, ch 120, §357. Subd. (55): SDC 1939, §13.4102; SDCL §22-39-34; SL 1976, ch 158, §1980, ch 264, §1.

CHAPTER 5 - Defenses

§22-5-1 - Conduct forced or under threat of force

No person may be convicted of a crime based upon conduct in which that person engaged because of the use or threatened use of unlawful force upon himself, herself, or another person, which force or threatened use of force a reasonable person in that situation would have been lawfully unable to resist.

Source: SDC 1939, §13.0501; SL 1976, ch 158, §5-1; SL 1977, ch 189, §14; SL 1978, ch 158, §3; SL 2005, ch 120, §379.

CHAPTER 14 - Unlawful Use Of Weapons

§22-14-5 - Possession of firearm with altered serial number--Felony--Exception

Any person who possesses any firearm on which the manufacturer's serial number has been changed, altered, removed, or obliterated is guilty of a Class 6 felony.

The provisions of this section do not apply to persons who have applied for a new serial number pursuant to §23-7-43.

Source: SDC 1939, §21.0114; SDCL, §23-7-21; SL 1976, ch 158, §14-4; SL 1985, ch 190, §2; SL 2005, ch 120, §243.

§22-14-6 - Possession of controlled weapon--Felony--Exceptions

Any person who knowingly possesses a controlled weapon is guilty of a Class 6 felony. However, the provisions of this section do not apply to any person who:

  1. Is a law enforcement officer or member of the armed forces of the United States or South Dakota National Guard acting in the lawful discharge of duties;
  2. Has a valid state or federal license issued pursuant to law for such weapon or has registered such weapon with the proper state or federal authority pursuant to law;
  3. Possesses a controlled weapon briefly after having found it or taken it from an offender; or
  4. Possesses a controlled weapon, except a machine gun or short shotgun, under circumstances which negate any purpose or likelihood that the weapon would be used unlawfully.

Source: SL 1976, ch 158, §14-2; SL 1977, ch 189, §27; SL 2005, ch 120, §244.

§22-14-7 - Reckless discharge of firearm or shooting of bow and arrow--Leaving trip device--Possession of loaded firearm while intoxicated--Misdemeanor

Any person who:

  1. Recklessly discharges a firearm or recklessly shoots a bow and arrow;
  2. Sets a device designed to activate a weapon upon being tripped or approached, and leaves the device unmarked or unattended by a competent person; or
  3. Has in personal possession a loaded firearm while intoxicated;

    is guilty of a Class 1 misdemeanor.

Source: SL 1976, ch 158, §14-3; SL 2005, ch 120, §245.

§22-14-9 - Carrying pistol or revolver without a permit--Misdemeanor

Any person, other than a law enforcement officer or parole agent acting under color of authority, who:

  1. Carries a pistol or revolver, loaded or unloaded, concealed on or about his or her person without a permit as provided in chapter 23-7; or
  2. Carries a pistol or revolver, loaded or unloaded, concealed in any vehicle while operating the vehicle, without a permit as provided in chapter 23-7;

    is guilty of a Class 1 misdemeanor.

Source: SDC 1939, §21.0105; SDCL §23-7-5; SL 1976, ch 158, §14-6; SL 1977, ch 189, §29; SL 1985, ch 190, §20; SL 2005, ch 120, §247; SL 2009, ch 114, §1.

§22-14-9.1 - Person possessing concealed pistol to have physical possession of valid permit--Violation as petty offense--Charge dismissed

No person may possess a concealed pistol in accordance with chapter 23-7 or this chapter unless that person also has in his or her physical possession a valid South Dakota permit to carry a concealed pistol or a permit effective pursuant to §23-7-7.3. Any violation of this section is a petty offense. However, if within twenty-four hours of being charged with a violation of this section, the person produces a permit to carry a concealed pistol which was valid at the time of the alleged offense in the office of the officer making the demand, the charge shall be dismissed.

Source: SL 2002, ch 118, §2; SL 2005, ch 120, §248.

§22-14-9.2 - Holders of permits from reciprocal states subject to South Dakota laws--Misdemeanor

Any person who is permitted to carry a concealed pistol in a state with which the secretary of state has entered into a reciprocity agreement pursuant to §23-7-7.3, 22-14-9.1, 22-14-9.2, 23-7-7, 23-7-7.1, and 23-7-8 may carry a concealed pistol in this state if the permit holder carries the pistol in compliance with the laws of this state. Any violation of this section is a Class 1 misdemeanor.

Source: SL 2002, ch 118, §3; SL 2005, ch 120, §249.

§22-14-10 - Lawful uses of unloaded pistols or revolvers--Concealment--Exempt from permit requirement

The provisions of §22-14-9 do not apply to any person carrying any unloaded pistol or revolver for the purpose of, or in connection with, any lawful use, if the unloaded pistol or revolver is carried:

  1. In the trunk or other closed compartment of a vehicle; or
  2. In a closed container which is too large to be effectively concealed on the person or within the person's clothing. The container may be carried in a vehicle or in any other manner.

No person who complies with this section may be required to obtain a permit for the lawful uses described in this section.

Source: SDC 1939, §21.0106; SDCL, §23-7-6; SL 1976, ch 158, §14-6; SL 1977, ch 189, §30; SL 1985, ch 190, §21; SL 2005, ch 120, §250.

§22-14-11 - License not required for weapon in own home, business, or property

The provisions of §22-14-9 do not apply to any person who possesses a pistol or revolver in his or her own dwelling house or place of business or on land owned or rented by himself or herself or by a member of his or her household.

Source: SDC 1939, §21.0106; SDCL, §23-7-6; SL 1976, ch 158, §14-7; SL 1977, ch 189, §31; SL 2005, ch 120, §251.

§22-14-15 - Possession of firearm by one with prior violent crime conviction or certain drug-related conviction--Felony--Fifteen-year period

No person who has been convicted in this state or elsewhere of a crime of violence or a felony pursuant to §22-42-2, 22-42-3, 22-42-4, 22-42-7, 22-42-8, 22-42-9, 22-42-10 or 22-42-19, may possess or have control of a firearm. A violation of this section is a Class 6 felony. The provisions of this section do not apply to any person who was last discharged from prison, jail, probation, or parole more than fifteen years prior to the commission of the principal offense.

Source: SL 1976, ch 158, §14-9; SL 1977, ch 189, §34; SL 1998, ch 130, §1; SL 2005, ch 120, §255.

§22-14-15.1 - Possession of firearm by one with prior drug conviction--Felony--Exception

No person who has been convicted of a felony under chapter 22-42 or of a felony for a crime with the same elements in another state may possess or have control of a firearm. A violation of this section is a Class 6 felony. The provisions of this section do not apply to any person who was last discharged from prison, jail, probation, or parole, for a felony under chapter 22-42 more than five years prior to the commission of the principal offense and is not subject to the restrictions in §22-14-15.

Source: SL 1998, ch 130, §2; SDCL, §22-14-30; SL 2005, ch 120, §267, 268.

§22-14-15.2 - Possession of firearm by one convicted of misdemeanor crime involving domestic violence--Misdemeanor--Civil rights restored--Repeal of section--Order restoring rights

No person who has been convicted of any misdemeanor crime involving an act of domestic violence may possess or have control of a firearm for a period of one year from the date of conviction. Any violation of this section is a Class 1 misdemeanor. At the end of the one year period, any civil rights lost as a result of this provision shall be restored. Any person who has lost their right to possess or have control of a firearm as a result of a misdemeanor conviction involving an act of domestic violence, prior to July 1, 2005, shall be restored to those civil rights one year after July 1, 2005. This section shall be repealed on the date when any federal law restricting the right to possess firearms for misdemeanor domestic violence convictions is repealed.

Once eligible under the statute, a person convicted under this section may petition the convicting court for an order reflecting the restoration of any firearm rights lost, if the person has not been convicted within the prior year of a crime for which firearm rights have been lost. A petition filed under this section shall be verified by the petitioner and served upon the states attorney in the county where the conviction occurred. Thirty days after service upon the states attorney, the court shall enter the order, if the court finds that the petitioner is eligible for relief under this section. (This section is repealed under its own terms on the date when any federal law restricting the right to possess firearms for misdemeanor domestic violence convictions is repealed.)

Source: SL 2005, ch 120, §269.

§22-14-15.3 - Firearm defined for §22-14-15 and 22-14-15.1

For purposes of §22-14-15 and 22-14-15.1, the term, firearm, includes any antique firearm as defined in subdivision 22-1-2(4) and any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, including muzzle loading weapons that are designed to use black powder or a black powder substitute and cannot use fixed ammunition.

Source: SL 2012, ch 121, §1.

§22-14-16 - Providing firearm to person with known prior violent crime conviction--Felony

Any person who knows that another person is prohibited by §22-14-15 or 22-14-15.1 from possessing a firearm, and who knowingly gives, loans, or sells a firearm to that person is guilty of a Class 6 felony.

Source: SL 1972, ch 144, §4; SDCL Supp, §23-7-3.1; SL 1976, ch 158, §14-10; SL 1977, ch 189, §35; SL 2005, ch 120, §256.

§22-14-17 - Firearms incapable of discharge exempt

The provisions of this chapter do not apply to any firearm which has been permanently altered so it is incapable of being discharged.

Source: SL 1976, ch 158, §14-11; SL 1985, ch 190, §6; SL 1998, ch 131, §1; SL 2005, ch 120, §257.

§22-14-20 - Discharge of firearm at occupied structure or motor vehicle--Felony

Any person who willfully, knowingly, and illegally discharges a firearm at an occupied structure or motor vehicle is guilty of a Class 3 felony.

Source: SL 1992, ch 160, §1; SL 2005, ch 120, §259.

§22-14-21 - Discharge of firearm from moving motor vehicle within municipality--Felony

Any person who willfully, knowingly, and illegally discharges a firearm from a moving motor vehicle within the incorporated limits of a municipality under circumstances not constituting a violation of §22-14-20 is guilty of a Class 6 felony.

Source: SL 1992, ch 160, §2; SL 2005, ch 120, §260.

§22-14-22 - County courthouse defined

For the purposes of §22-14-23 to 22-14-28, inclusive, the term, county courthouse, means the state capitol or any building occupied for the public sessions of a circuit court, with its various offices. The term includes any building appended to or used as a supplementary structure to a county courthouse.

Source: SL 1993, ch 173, §1; SL 2005, ch 120, §261.

§22-14-23 - Possession in county courthouse--Misdemeanor

Except as provided in §22-14-24, any person who knowingly possesses or causes to be present any firearm or other dangerous weapon, in any county courthouse, or attempts to do so, is guilty of a Class 1 misdemeanor.

Source: SL 1993, ch 173, §2; SL 2005, ch 120, §262.

§22-14-24 - Exceptions to penalty for possession in a county courthouse

The provisions of §22-14-23 do not apply to:

  1. The lawful performance of official duties by an officer, agent, or employee of the United States, the state, political subdivision thereof, or a municipality, who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law or an officer of the court;
  2. Possession by a judge or magistrate;
  3. The possession of a firearm or other dangerous weapon by a federal or state official or member of the armed services if such possession is authorized by law; or
  4. The lawful carrying of firearms, or other dangerous weapons in a county courthouse incident to hunting, or gun safety course or to other lawful purposes.

Source: SL 1993, ch 173, §3.

§22-14-25 - Power of court to punish and promulgate rules

Nothing in this chapter limits the power of a court to punish for contempt or to promulgate rules or orders regulating, restricting, or prohibiting the possession of weapons, within any building housing such court or any of its proceedings, or upon any grounds pertinent to such building.

Source: SL 1993, ch 173, §4; SL 2005, ch 120, §263.

§22-14-26 - Notice of provisions to be posted at county courthouse

Notice of the provisions of §22-14-23 shall be posted conspicuously at each public entrance to each county courthouse.

Source: SL 1993, ch 173, §5; SL 2005, ch 120, §264.

§22-14-27 - Concealed weapons permit not a defense

It is not a defense to a prosecution under §22-14-23 that the defendant was the holder of a concealed weapons permit issued pursuant to §23-7-7 and 23-7-7.1.

Source: SL 1993, ch 173, §6.

§22-14-28 - Waiver of provisions

By a majority of the members-elect, the county commission in any county may elect to waive the provisions of §22-14-23.

Source: SL 1993, ch 173, §7; SL 2005, ch 120, §265.

CHAPTER 16 - Homicide And Suicide

§22-16-30 - Excusable homicide--Lawful acts

Homicide is excusable if committed by accident and misfortune in doing any lawful act, with usual and ordinary caution.

Source: SDC 1939, §13.2002 (1); SL 1976, ch 158, §16-5; SL 2005, ch 120, §161.

§22-16-31 - Excusable homicide--Heat of passion--Provocation--Sudden combat--Limitations

Homicide is excusable if committed by accident and misfortune in the heat of passion, upon sudden and sufficient provocation, or upon a sudden combat. However, to be excusable, no undue advantage may be taken nor any dangerous weapon used and the killing may not be done in a cruel or unusual manner.

Source: SDC 1939, §13.2002 (2); SL 2005, ch 120, §162.

§22-16-32 - Justifiable homicide-Law enforcement officers or at command of officer--Overcoming resistance--Capturing or arresting fleeing felons

Homicide is justifiable if committed by a law enforcement officer or by any person acting by command of a law enforcement officer in the aid and assistance of that officer:

  1. If necessarily committed in overcoming actual resistance to the execution of some legal process, or to the discharge of any other legal duty; or
  2. If necessarily committed in retaking felons who have been rescued or who have escaped; or
  3. If necessarily committed in arresting felons fleeing from justice.

Source: SDC 1939, §13.2004; SL 1976, ch 158, §16-9; SL 1977, ch 189, §43; SL 2005, ch 120, §163.

§22-16-33 - Justifiable homicide--Apprehending felon--Suppressing riot--Preserving peace

Homicide is justifiable if necessarily committed in attempting by lawful ways and means to apprehend any person for any felony committed, or in lawfully suppressing any riot, or in lawfully keeping and preserving the peace.

Source: SDC 1939, §13.2003 (3); SL 2005, ch 120, §164.

§22-16-34 - Justifiable homicide--Resisting attempted murder--Resisting felony on person or in dwelling house

Homicide is justifiable if committed by any person while resisting any attempt to murder such person, or to commit any felony upon him or her, or upon or in any dwelling house in which such person is.

Source: SDC 1939, §13.2003 (1); SL 2005, ch 120, §165.

§22-16-35 - Justifiable homicide--Defense of person--Defense of other persons in household

Homicide is justifiable if committed by any person in the lawful defense of such person, or of his or her husband, wife, parent, child, master, mistress, or servant if there is reasonable ground to apprehend a design to commit a felony, or to do some great personal injury, and imminent danger of such design being accomplished.

Source: SDC 1939, §13.2003 (2); SL 2005, ch 120, §166.

CHAPTER 18 - Assaults And Personal Injuries

§22-18-2 - Justifiable force used by public officer in performance of duty--Assistance or direction of officer

To use or attempt to use or offer to use force or violence upon or toward the person of another is not unlawful if necessarily committed by a public officer in the performance of any legal duty or by any other person assisting the public officer or acting by the public officer's direction.

Source: SDC 1939, §13.2402 (1); SL 2005, ch 120, §6.

§22-18-3 - Lawful force in arrest and delivery of felon

To use or attempt to use or offer to use force or violence upon or toward the person of another is not unlawful if necessarily committed by any person in arresting someone who has committed any felony or in delivering that person to a public officer competent to receive him or her in custody.

Source: SDC 1939, §13.2402 (2); SL 2005, ch 120, §7.

§22-18-4 - Justifiable use of force to protect property--Use of deadly force--Duty to retreat

Any person is justified in the use of force or violence against another person when the person reasonably believes that such conduct is necessary to prevent or terminate the other person's trespass on or other criminal interference with real property or personal property lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal right to protect. However, the person is justified in the use of deadly force only as provided in §22-16-34 and 22-16-35. A person does not have a duty to retreat if the person is in a place where he or she has a right to be.

Source: SDC 1939, §13.2402 (3); SL 2005, ch 120, §8; SL 2006, ch 116, §2.

TITLE 23 - LAW ENFORCEMENT

CHAPTER 7 - Firearms Control

§23-7-1 - Definitions applicable to chapter

Terms used in this chapter, unless the context otherwise requires, mean:

  1. "Antique firearm," a firearm as defined in subdivision §22-1-2(4);
  2. "Concealed," a firearm as defined in subdivision §22-1-2(6);
  3. "Crime of violence," an action as defined in subdivision §22-1-2(9);
  4. "Pistol," a firearm as defined in subdivision §22-1-2(32);
  5. "Seller," a person as defined in subdivision §22-1-2(44).

Source: SDC 1939, §21.0101, 21.0201; SL 1963, ch 131; SL 1972, ch 144, §1; SL 1976, ch 158, §43-1; SL 1978, ch 169, §10; SL 1984, ch 177, §1; SL 1985, ch 190, §7.

§23-7-1.1 - Antique or nondischargeable firearms excepted

This chapter shall not apply to antique firearms or to firearms which have been permanently altered so they are incapable of being discharged.

Source: SL 1979, ch 150, §40.

§23-7-7 - Permit to carry concealed pistol--Statewide validity--Background investigation

A permit to carry a concealed pistol shall be issued to any person by the sheriff of the county in which the applicant resides. The permit shall be valid throughout the state and shall be issued pursuant to §23-7-7.1. Prior to issuing the permit, the sheriff shall execute a background investigation, including a criminal history check, of every applicant for the purposes of verifying the qualifications of the applicant pursuant to the requirements of §23-7-7.1. For the purposes of this section, a background investigation is defined as a computer check of available on-line records.

Source: SDC 1939, §21.0107; SL 1972, ch 145, §1; SL 1985, ch 190, §8; SL 2002, ch 118, §4.

§23-7-7.1 - Requirements for issuance of temporary permit--Time requirement--Appeal of denial

A temporary permit to carry a concealed pistol shall be issued within five days of application to a person if the applicant:

  1. Is eighteen years of age or older;
  2. Has never pled guilty to, nolo contendere to, or been convicted of a felony or a crime of violence;
  3. Is not habitually in an intoxicated or drugged condition;
  4. Has no history of violence;
  5. Has not been found in the previous ten years to be a "danger to others" or a "danger to self" as defined in §27A-1-1 or is not currently adjudged mentally incompetent;
  6. Has physically resided in and is a resident of the county where the application is being made for at least thirty days immediately preceding the date of the application;
  7. Has had no violations of chapter 23-7, 22-14, or 22-42 constituting a felony or misdemeanor in the five years preceding the date of application or is not currently charged under indictment or information for such an offense;
  8. Is a citizen or legal resident of the United States; and
  9. Is not a fugitive from justice.

A person denied a permit may appeal to the circuit court pursuant to chapter 1-26.

Source: SL 1985, ch 190, §9; SL 1986, ch 190; SL 1989, ch 210, §1; SL 1993, ch 182, §2; SL 1995, ch 127; SL 2002, ch 118, §5; SL 2009, ch 121, §2; SL 2011, ch 123, §1.

§23-7-7.2 - (2015) Liability of issuing authority

No issuing authority, that has issued the permit in conformity with this chapter, is civilly liable to any injured person or his estate for any injury suffered, including any action for any wrongful death or property damage suffered, because of the issuance of a concealed weapons permit, or temporary permit, to any person. For purposes of this section, the Division of Criminal Investigation is considered an issuing authority when issuing a certificate of completion pursuant to section 7 of this Act.

Source: SL 1989, ch 210, §2; SL 2015, ch 137, §8.

§23-7-7.3 - Reciprocity with other states--Conditions

The attorney general shall compare South Dakota permit issuance statutes with the permit issuance statutes in states with which reciprocity is sought or requested in order to determine whether the laws of the other state meet or exceed the requirements of this chapter for the issuance of a permit. The secretary of state may enter into reciprocity agreements with other states after the attorney general has notified the secretary of state that the other states' laws meet or exceed the provisions of this chapter.

Source: SL 2002, ch 118, §1.

§23-7-7.4 - Nonresident permit to carry concealed pistol--Validity in South Dakota--Application

Any valid permit to carry a concealed pistol, issued to a nonresident of South Dakota, is valid in South Dakota according to the terms of its issuance in the state of its issue, but only to the extent that the terms of issuance comply with any appropriate South Dakota statute or promulgated rule. However, if the holder of such a nonresident permit to carry a concealed pistol becomes, at any time, a legal resident of South Dakota, the provisions of this section no longer apply.

Source: SL 2005, ch 123, §1.

§23-7-7.5 - (2015) Active duty military personnel and spouses

Active duty military personnel and spouses. Any person who is active duty military, or the spouse of a person who is active duty military, with a home of record in South Dakota is considered to have met the provisions of subdivision 23-7-7.1(6).

Source: SL 2009, ch 121, §3; SL 2015, ch 136, § 1.

§23-7-7.6 - Time requirement for INTERPOL check

Notwithstanding the five day requirement provided in §23-7-7.1, if the background investigation under §23-7-7 requires an international criminal history check through INTERPOL, the sheriff shall issue a temporary permit to carry a concealed pistol within three business days of receiving a response from INTERPOL if the applicant otherwise meets the requirements of §23-7-7.1.

Source: SL 2011, ch 123, §2.

§23-7-8 - (2016) Application for permit--Form and contents--Distribution and retention of copies--Issuance of official permit

The application for a permit to carry a concealed pistol, enhanced permit to carry a concealed pistol, or a gold card permit to carry a concealed pistol shall be filed either electronically or in triplicate on a form prescribed by the secretary of state. The application shall require the applicant's complete name, address, occupation, place and date of birth, country of citizenship, physical description, a statement that the applicant has never pled guilty to, nolo contendere to, or been convicted of a crime of violence, a sworn statement that the information on the application is true and correct, and the applicant's signature. If the applicant is not a United States citizen, the application shall require any alien or admission number issued by the United States Bureau of Immigration and Customs Enforcement. If filed in triplicate, the original shall be delivered to the applicant as the temporary permit, the duplicate shall within seven days be sent by first class mail to the secretary of state who shall issue the official permit, and the triplicate shall be preserved for five years by the authority issuing the permit. If the application is filed electronically, two copies shall be made and each shall be signed by the applicant. One copy shall be delivered to the applicant as the temporary permit, and the other copy shall be preserved for five years by the authority issuing the permit.

Source: SDC 1939, §21.0107; SL 1972, ch 145, §2; SL 1985, ch 190, §10; SL 2002, ch 117, §1; SL 2002, ch 118, §6; SL 2015, ch 137, §9.

§23-7-8.1 - (2016) Form and contents of permit

The secretary of state shall prescribe the form of the permit to carry a concealed pistol, the form of the enhanced permit to carry a concealed pistol, and the form of the gold card permit to carry a concealed pistol pursuant to § 23-7-8. Each permit shall list the applicant's name, address, the expiration date, and the issuance date of the permit. The enhanced permit to carry a concealed pistol must clearly designate that the permit is enhanced and the gold card permit must clearly designate that it is a gold card permit to carry a concealed pistol. The holder of a permit may carry a concealed pistol anywhere in South Dakota except in any licensed on-sale malt beverage or alcoholic beverage establishment that derives over one-half of its total income from the sale of malt or alcoholic beverages. Nothing in this section prevents law enforcement officers, parole agents, security guards employed on the premises, and other public officials with the written permission of the sheriff from carrying concealed weapons in the performance of their duties or prevents home or business owners from carrying concealed weapons on their property pursuant to § 22-14-11.

Source: SL 1985, ch 190, §11; SL 1989, ch 210, §3; SL 2009, ch 114, §2; SL 2015, ch 137, §10.

§23-7-8.2 - (2013) Duration of permit--Fee

Duration of permit--Fee. The permit to carry a concealed pistol is valid for a period of five years from the date of issuance. The fee for issuing the permit is ten dollars. The local authority shall collect the fee. Seven dollars of the fee shall be remitted to the secretary of state and three dollars shall be deposited in the general fund of the county or municipality issuing the permit.

Source: SL 1985, ch 190, §12; SL 1993, ch 182, §1; SL 1994, ch 177, §1; SL 1997, ch 141, §1; SL 2013, ch 111, §1.

§23-7-8.3 - Permit issued to specific person--Transfer prohibited

A permit to carry a concealed pistol shall be issued to a specific person only and may not be transferred from one person to another.

Source: SL 1985, ch 190, §13.

§23-7-8.4 - Revocation of permit--Procedure

A prosecuting attorney, upon application of a law enforcement officer, may apply to the circuit court for an order to show cause why a person's permit to carry a concealed pistol should not be revoked. Upon order of the court, after hearing, the permit shall be revoked and the holder of the permit shall immediately surrender the permit to the sheriff of the county in which he resides.

Source: SL 1985, ch 190, §14.

§23-7-8.6 - List, record, or registry of privately owned firearms, owners of firearms, or holders of permits prohibited

No state agency, political subdivision, official, agent, or employee of any state agency or political subdivision may knowingly keep or cause to be kept any list, record, or registry of privately owned firearms or any list, record, or registry of the owners of those firearms, or any list, record, or registry of holders of permits to carry a concealed pistol.

Source: SL 2005, ch 124, §1; SL 2006, ch 133, §2.

§23-7-8.7 - Application of firearm confidentiality provisions

The provisions of §23-7-8.6 do not apply to:

  1. Records of firearms that have been used in committing any crime;
  2. Permits to carry a concealed pistol records relating to any person who has been convicted of a felony;
  3. Records of the serial numbers of firearms that have been reported stolen that are retained for a period not in excess of ten days after such firearms are recovered and returned to the lawful owner. However, official documentation recording the theft of a recovered weapon may be maintained no longer than the balance of the year entered and two additional years;
  4. Firearm records that must be retained by firearm dealers under federal law, including copies of such records transmitted to law enforcement agencies;
  5. Any on duty law enforcement officer while conducting routine verification of the validity of a permit to carry a concealed pistol;
  6. The secretary of state for the issuance of concealed pistol permits pursuant to chapter 23-7 and any access reasonably necessary to verify information with regard to specific permits individually; and
  7. The preservation of the triplicate copy of the application for a permit to carry a concealed pistol by the authority issuing the permit as required by §23-7-8.

Source: SL 2005, ch 124, §2; SL 2009, ch 121, §1.

§23-7-8.9 - (2016) Retention of data by law enforcement officer limited

The provisions of §§ 23-7-8.6 to 23-7-8.9, inclusive, do specifically prohibit any law enforcement officer from retaining any notes, data, or pieces of information, either collectively or individually, unless the retention of such notes, data, or pieces of information is pertinent to a specific ongoing investigation or prosecution. Access by law enforcement to information necessary to perform a periodic National Instant Criminal Background Check of gold card or enhanced pistol permit holders under section 15 of this Act is authorized.

Source: SL 2005, ch 124, §5.

§23-7-8.10 - Access restricted to application, record, or registry of holders of permits

No state agency, political subdivision, official, agent, employee of any state agency or political subdivision, may knowingly release or permit access to any application, list, record or registry of applicants or holders of permits to carry a concealed pistol to any person except another law enforcement agency or the secretary of state.

Source: SL 2006, ch 133, §1.

§23-7-9 - Pistol to be delivered wrapped and unloaded--Violation as misdemeanor

When a pistol is delivered, the pistol shall be securely wrapped and shall be unloaded. A pistol that is securely wrapped and delivered to a purchaser pursuant to this section is not a concealed weapon under §22-14-9. A violation of this section is a Class 1 misdemeanor.

Source: SDC 1939, §21.0109, 21.9901; SDCL §23-7-24; SL 1969, ch 89, §2; SL 1972, ch 144, §3; SL 1978, ch 169, §18; SL 1985, ch 190, §15; SL 2005, ch 122, §1; SL 2009, ch 122, §1.

§23-7-11 - Regulation does not apply to sale of pistols at wholesale

Sections 23-7-7 to 23-7-12, inclusive, do not apply to sales at wholesale.

Source: SDC 1939, §21.0109; SL 1985, ch 190, §17.

§23-7-12 - False information or false evidence of identity to secure pistol or permit as felony

No person, in purchasing or otherwise securing delivery of a pistol or in applying for a permit to carry a concealed pistol, may give false information or offer false evidence of his identity. A violation of this section is a Class 6 felony.

Source: SDC 1939, §21.0113, 21.9901; SDCL, §23-7-24; SL 1969, ch 89, §2; SL 1972, ch 144, §3; SL 1978, ch 169, §18; SL 1985, ch 190, §18.

§23-7-18 - Sale of pistol by retail dealer--Restrictions--Misdemeanor

No pistol shall be sold in violation of any provisions of this chapter, nor shall a pistol be sold under any circumstances unless the purchaser is personally known to the seller or shall present clear evidence of his identity. A violation of this section is a Class 1 misdemeanor.

Source: SDC 1939, §21.0111 (3), 21.9901; SDCL, §23-7-24; SL 1969, ch 89, §2; SL 1972, ch 144, §3; SL 1978, ch 169, §18.

§23-7-43 - New serial number engraved or stamped on firearm

Upon application by an owner of a firearm, the director of the Division of Criminal Investigation shall engrave or stamp a new serial number on any firearm on which the manufacturer's serial number has been changed, altered, removed, or obliterated.

Source: SL 1985, ch 190, §1.

§23-7-44 - Possession of pistols by minors prohibited--Misdemeanor

No person under the age of eighteen years may knowingly possess a pistol. A violation of this section is a Class 1 misdemeanor.

Source: SL 1994, ch 172, §1.

§23-7-45 - Exceptions to prohibition against possession of pistols by minors

The provisions of §23-7-44 or to a criminal prosecution brought after transfer pursuant to chapter 26-11, do not apply to any minor who has the consent of the minor's parent or guardian to possess such pistol, and:

  1. That the minor was in the presence of the minor's parent or guardian;
  2. That the minor was on premises owned or leased by the minor or the minor's parent, guardian, or immediate family member;
  3. That the minor was in the presence of a licensed or accredited gun safety instructor; or
  4. That the pistol was being used for farming, ranching, hunting, trapping, target shooting, or gun safety instruction.

Source: SL 1994, ch 172, §2.

§23-7-46 - Prohibited transfer of firearms and ammunition to juveniles--Felony

No person may sell, transfer, give, loan, furnish, or deliver a firearm or firearm ammunition to any person under the age of eighteen years if such person knows or reasonably believes that the minor recipient of the transfer intended, at the time of transfer, to use the firearm or ammunition in the commission or attempted commission of a crime of violence as defined in subdivision 22-1-2(9). The affirmative defenses contained in chapter 23-7 do not apply to a prosecution under this section. A violation of this section is a Class 5 felony.

Source: SL 1994, ch 173.

§23-7-47 - (2014) Prosecuting attorney's report to attorney general of certain names for reporting to National Instant Criminal Background Check System

Prosecuting attorney's report to attorney general of certain names for reporting to National Instant Criminal Background Check System. The prosecuting attorney shall report to the attorney general for reporting to the National Instant Criminal Background Check System the name and other identifying information of any person who is acquitted of a crime by reason of insanity pursuant to § 23A-26-5 or who is determined to be incompetent to stand trial pursuant to § 23A-10A-4. The prosecuting attorney shall submit the report to the attorney general, in the manner and form prescribed by the attorney general, within seven working days after the date of the verdict acquitting for insanity or the adjudication of incompetency. The report may not include information relating to the person's diagnosis or treatment.

Source: SL 2014, ch 113, § 2.

§23-7-48 - (2014) Attorney general's transmission of certain names to National Instant Criminal Background Check System

Attorney general's transmission of certain names to National Instant Criminal Background Check System. The attorney general shall transmit to the National Instant Criminal Background Check System administered by the Federal Bureau of Investigation the name and other identifying information of any person who is prohibited from possessing a firearm under 18 U.S.C. 922(g)(4) because the person was acquitted of a crime by reason of insanity pursuant to § 23A-26-5, the person was determined to be incompetent to stand trial pursuant to § 23A-10A-4, or the person was involuntarily committed pursuant to chapter 27A-10 based on a finding that the person is a danger to self as defined in subdivision 27A-1-1(7)(a) or a danger to others as defined in subdivision 27A-1-1(6).

Source: SL 2014, ch 113, § 3.

§23-7-49 - (2014) Petition for restoration of right to possess firearm

Petition for restoration of right to possess firearm. A person who is prohibited from possessing a firearm pursuant to the provisions of 18 U.S.C. 922(g)(4) because of a commitment or adjudication that occurred in this state may petition the court of the county in which the person resides for the restoration of the right to possess or receive a firearm. The petitioner shall serve a copy of the petition for restoration on the state's attorney of the county in which the petition is filed. The state's attorney shall represent the state at the hearing on the petition.

Source: SL 2014, ch 113, § 4.

§23-7-50 - (2014) Hearing for restoration of right to possess firearm--Confidentiality of record--Order

Hearing for restoration of right to possess firearm--Confidentiality of record--Order. Within sixty days after the date of filing the petition for restoration, the court shall conduct a hearing to determine whether the petitioner's right to possess a firearm should be restored. The record of the hearing is confidential and may only be disclosed to the parties and the Supreme Court in the event of an appeal. If the court finds, based on the preponderance of the evidence presented at the hearing, that the petitioner is not a danger to self as defined in subdivision 27A-1-1(7)(a) or a danger to others as defined in subdivision 27A-1-1(6), the court shall enter an order restoring the petitioner's right to possess a firearm and directing the attorney general to report to the National Instant Criminal Background Check System that the petitioner is no longer prohibited from possessing a firearm under 18 U.S.C. 922(g)(4).

Source: SL 2014, ch 113, § 5.

§23-7-51 - (2014) Submission of order restoring right to possess firearm for reporting to National Instant Criminal Background Check System

Submission of order restoring right to possess firearm for reporting to National Instant Criminal Background Check System. If the court enters an order restoring the petitioner's right to possess a firearm, the state's attorney shall submit a copy of the order to the attorney general within seven working days after the order becomes final. The attorney general shall, within seven working days after receiving the order, report to the National Instant Criminal Background Check System that the petitioner is no longer prohibited from possessing a firearm under 18 U.S.C 922(g)(4).

Source: SL 2014, ch 113, § 6.

§23-7-52 - (2015) Permit to carry concealed pistol permitted upon restoration of rights

If a person's civil rights, including the right to possess a weapon, are restored pursuant to state law, a person is not prohibited from obtaining a permit to carry a concealed pistol or an enhanced permit to carry a concealed pistol under state law.

Source: SL 2015, ch 137, § 11.

§23-7-53 - (2016) Optional enhanced permit to carry concealed pistol--Contents of application
  1. An applicant may submit an application to the sheriff of the county in which the applicant resides for an optional enhanced permit to carry a concealed pistol. The application shall include:
    1. The application for the optional enhanced permit to carry a concealed pistol;
    2. A copy of the applicant's fingerprints for submission to the Federal Bureau of Investigation, and any governmental agency or entity authorized to receive such information, for a state, national, and international criminal history background check;
    3. An authorization to run a fingerprint background check;
    4. A separate payment for the cost of processing the fingerprint background check;
    5. A separate application fee of one hundred dollars for the optional permit to carry a concealed pistol which shall be distributed fifty percent to the sheriff and fifty percent to the secretary of state to be used by the secretary of state to administer the concealed carry program; and
    6. Proof that the applicant has successfully completed a qualifying handgun course as defined in § 23-7-58 within the preceding twelve months or proof that the applicant is a current or former South Dakota law enforcement officer.
  2. The sheriff shall forward the copy of the applicant's fingerprints, the applicant's authorization for processing a fingerprint background check, and the payment for the fingerprint background check to the Division of Criminal Investigation for processing.

Source: SL 2015, ch 137, § 1

§23-7-54 - (2016) Temporary enhanced permit to carry concealed pistol--Requirements--Records

The sheriff shall retain the application and other documents until the sheriff receives the results of the background checks required pursuant to § 23-7-53. Within seven days following receipt of a confirmation that the applicant passed each criminal background check required pursuant to this section and § 23-7-53, the sheriff shall file the application with the secretary of state pursuant to § 23-7-8.

If the applicant submits an application pursuant to § 23-7-53, meets the requirements of § 23-7-7.1, is not otherwise prohibited by state law, 18 U.S.C. 922(g) as amended to October 26, 2005, or 18 U.S.C. 922(n) as amended to October 26, 2005, from receiving, possessing, or transporting a firearm, passes the required fingerprint background check, and passes a National Instant Criminal Background Check, the sheriff of the county where the applicant submitted the application shall, within thirty days of application, issue the applicant a temporary enhanced permit to carry a concealed pistol. The temporary permit must clearly designate that the permit is enhanced.

Source: SL 2015, ch 137, § 2

§23-7-55 - (2015) Duration of enhanced permit to carry concealed pistol--Identification required

An enhanced permit to carry a concealed pistol is valid for five years and is only valid if carried with a government issued form of identification that includes a picture of the permit holder.

Source: SL 2015, ch 137, § 3

§23-7-56 - (2016) Renewal of enhanced permit to carry concealed pistol

The holder of the permit may renew the permit through the sheriff of the county where the holder resides for a period beginning ninety days before the permit expires and ending thirty days after expiration of the permit, if the holder pays the fifty dollar renewal fee and passes a National Instant Criminal Background Check. If the holder of the enhanced permit to carry a concealed pistol does not renew the permit within thirty days of expiration of the permit, the holder must reapply for an enhanced permit to carry a concealed pistol pursuant to § 23-7-53. The renewal fee shall be distributed fifty percent to the sheriff and fifty percent to the secretary of state to be used by the secretary of state to administer the concealed carry program.

Source: SL 2015, ch 137, § 4

§23-7-57 - (2016) References, rights, and responsibilities related to permit to carry concealed pistol apply to enhanced permit

Unless otherwise specified, the references, rights, and responsibilities in this chapter related to a permit to carry a concealed pistol also apply to an enhanced permit to carry a concealed pistol and a gold card permit to carry a concealed pistol.

Source: SL 2015, ch 137, § 5

§23-7-58 - (2015) Qualifying handgun course
  1. A qualifying handgun course is any handgun course that is taught by a National Rifle Association certified instructor who also holds a current certificate of completion from the South Dakota Division of Criminal Investigation on the use of force. The qualifying handgun course must include instruction in each of the following:
    1. South Dakota law relating to firearms and the use of force;
    2. The basic concepts of the safe and responsible use of handguns;
    3. Self-defense principles; and
    4. Live fire training including the firing of at least ninety-eight rounds of ammunition by the student.

Source: SL 2015, ch 137, § 6

§23-7-59 - (2015) Use of force course for instructors

The Division of Criminal Investigation shall offer at least one course focused on the use of force, including applicable state laws, per year, open to National Rifle Association certified instructors. The Division of Criminal Investigation shall develop the use of force course and may promulgate rules pursuant to chapter 1-26 to establish the course standards for the issuance of a certificate of completion, establish a fee for the course not to exceed one hundred fifty dollars, and to implement the course.

Source: SL 2015, ch 137, § 7

§23-7-60 - (2017) Application for gold card permit to carry concealed pistol

An applicant may submit an application to the sheriff of the county in which the applicant resides for a gold card permit to carry a concealed pistol. The application shall include:

  1. The application for the gold card permit to carry a concealed pistol;
  2. A copy of the applicant's fingerprints for submission to the Federal Bureau of Investigation, and any governmental agency or entity authorized to receive such information, for a state, national, and international criminal history background check;
  3. An authorization to run a fingerprint background check;
  4. A separate payment for the cost of processing the fingerprint background check; and
  5. A separate application fee of seventy dollars for the gold card permit to carry a concealed pistol. Thirty dollars of the fee shall be distributed to the sheriff, thirty-four dollars shall be distributed to the Department of Public Safety, and six dollars to the secretary of state to be used by the secretary of state to administer the concealed carry program.

The sheriff shall forward the copy of the applicant's fingerprints, the applicant's authorization for processing a fingerprint background check, and the payment for the fingerprint background check to the Division of Criminal Investigation for processing

Source: SL 2016, ch 132

§23-7-61 - (2017) Temporary gold card permit to carry concealed pistol--Requirements--Records

The sheriff shall retain the application and other documents until the sheriff receives the results of the background checks required pursuant to section 7 of this Act. Within seven days following receipt of a confirmation that the applicant passed each criminal background check required pursuant to this section and section 7 of this Act, the sheriff shall file the application with the secretary of state pursuant to § 23-7-8.

If the applicant submits an application pursuant to section 1 of this Act, meets the requirements of § 23-7-7.1, is not otherwise prohibited by state law, 18 U.S.C. 922(g) as amended to October 26, 2005, or 18 U.S.C. 922(n) as amended to October 26, 2005, from receiving, possessing, or transporting a firearm, passes the required fingerprint background check, and passes a National Instant Criminal Background Check, the sheriff of the county of the application shall, within thirty days of application, issue the applicant a temporary gold card permit to carry a concealed pistol. The temporary permit must clearly designate that the permit is a gold card permit.

Source:SL 2016, ch 132, § 8

§23-7-62 - (2017) Renewal of gold card permit to carry concealed pistol

Renewal of gold card permit to carry concealed pistol. The holder of the gold card permit to carry a concealed pistol may renew the permit through the sheriff of the county where the holder resides, no earlier than ninety days prior to the expiration of the permit. The holder shall pay a seventy dollar renewal fee and pass a National Instant Criminal Background Check prior to the renewal of the permit. The renewal fee shall be distributed as set forth in subdivision 23-7-60(5).

Source:SL 2016, ch 132, § 9

§23-7-63 - (2017) Duration of gold card permit to carry concealed pistol

Duration of gold card permit to carry concealed pistol. The gold card permit to carry a concealed pistol is valid for a period of five years from the date of issuance.

Source: SL 2016, ch 132, § 10

§23-7-64 - (2017) Revocation of gold card or enhanced permit to carry concealed pistol--Sheriff to secure return of permit--Petition for return of permit

Revocation of gold card or enhanced permit to carry concealed pistol-Sheriff to secure return of permit--Petition for return of permit. A gold card permit to carry a concealed pistol or an enhanced permit to carry a concealed pistol is automatically revoked upon failure to maintain the requirements under § 23-7-7.1 or if the gold card or enhanced permit holder becomes prohibited by state law, 18 U.S.C. 922(g) as amended to October 26, 2005, or 18 U.S.C. 922(n) as amended to October 26, 2005, from receiving, possessing, or transporting a firearm.

Upon such occurrence, the permit holder shall immediately return the gold card or enhanced concealed pistol permit to the county sheriff of the permit holder's county of residence. If the permit has not been returned, upon learning that a permit holder is ineligible for a gold card or enhanced permit for any violent crime or for a crime punishable by more than one year of incarceration, the sheriff of the permit holder's county of residence shall secure the possession and return of the gold card or enhanced permit forthwith. For any other disqualifying offense set forth above the sheriff of the permit holder's county of residence shall secure the possession and return of the gold card or enhanced permit as soon as reasonably possible after being notified of the holders ineligibility. A gold card or enhanced permit holder whose permit has been secured by law enforcement under this section may petition the circuit court for the return of the gold card or enhanced permit if the permit holder believes the gold card or enhanced permit was unlawfully secured. Law enforcement may communicate with federally licensed firearms dealers relative to revoked gold card or enhanced permits.

Source: SL 2016, ch 132, § 11

§23-7-65 - (2017) Possession of revoked gold card or enhanced concealed pistol permit as misdemeanor

Possession of revoked gold card or enhanced concealed pistol permit as misdemeanor. It is a Class 1 misdemeanor for anyone that is ineligible to possess a gold card or enhanced concealed pistol permit to possess or present a revoked gold card or enhanced concealed pistol permit.

Source: SL 2016, ch 132, § 12

§23-7-66 - (2017) Surrender to court of revoked gold card or enhanced concealed pistol permits

Surrender to court of revoked gold card or enhanced concealed pistol permits. If any person is convicted of any offense which results in the automatic revocation of a gold card or enhanced permit to carry a concealed pistol under this chapter, the court entering the conviction shall require the surrender to the court of all gold card or enhanced concealed pistol permits held by the person convicted. The court shall forward all gold card and enhanced concealed pistol permits to the sheriff of the defendant's county of residence.

Source: SL 2016, ch 132, § 13

§23-7-67 - (2017) Failure or refusal to surrender revoked gold card or enhanced permit as misdemeanor

Failure or refusal to surrender revoked gold card or enhanced permit as misdemeanor. It is a Class 1 misdemeanor for a person to fail or refuse to surrender to the county sheriff of the person's county of residence, upon lawful demand, a gold card or enhanced permit to carry a concealed pistol that has been revoked. If a person fails to return a gold card or enhanced permit to the sheriff of the person's county of residence after lawful demand, the sheriff shall direct a law enforcement officer to secure its possession and return in compliance with § 23-7-64. The law enforcement officer shall receive ten dollars and fifty cents plus mileage, at a rate established by the State Board of Finance, to be paid by the violator. Failure to pay the fee and mileage is a Class 2 misdemeanor.

Source: SL 2016, ch 132, § 14

§23-7-68 - (2017) National Instant Criminal Background Check of gold card or enhanced concealed pistol permit holders

National Instant Criminal Background Check of gold card or enhanced concealed pistol permit holders. Law enforcement may periodically perform a National Instant Criminal Background Check of gold card or enhanced concealed pistol permit holders for the purposes of determining whether the permit holder remains eligible for the permit under § 23-7-7.1, 18 U.S.C. 922(g) as amended to October 26, 2005, and 18 U.S.C. 922(n) as amended to October 26, 2005.

Source: SL 2016, ch 132, § 15

TITLE 32 - MOTOR VEHICLES

CHAPTER 20 - Motorcycle Regulation

§32-20-6.6 - Carrying firearm on motorcycle or off-road vehicle--Exception for holder of concealed pistol permit or disabled hunter permit--Enforcement--Violation as misdemeanor

No person, other than a law enforcement officer or conservation officer, or any person on the person's own land or land leased by the person, may operate or ride on any motorcycle or off-road vehicle with any firearm in the person's possession unless the firearm is completely unloaded and within a carrying case which encloses the entire firearm. However, this section does not apply to any person who is carrying a pistol and possesses a permit to carry a concealed pistol issued pursuant to chapter 23-7. This section does not apply to any person who holds a permit issued pursuant to §41-8-37 while engaged in hunting from an off-road vehicle in accordance with the provisions of the permit. This section shall be enforced by all law enforcement officers including conservation officers. A violation of this section is a Class 2 misdemeanor.

Source: SL 1972, ch 178; SL 1989, ch 255, §99; SL 1996, ch 203; SL 1999, ch 160, §1; SL 2003, ch 224, §2.

CHAPTER 20A - Snowmobile Operation

§32-20A-11 - (2013) Restrictions on carrying of firearms--Violation as misdemeanor

xcept as provided in §32-20A-12, no person other than a law enforcement officer, conservation officer, or any person on the person's own land or land leased by the person, may operate or ride in any snowmobile with any firearm in the person's possession unless the firearm is completely unloaded and within a carrying case which encloses the entire firearm. However, the restrictions in this section do not apply to any person who is carrying a pistol and possesses a permit to carry a concealed pistol issued pursuant to chapter 23-7. A violation of this section is a Class 2 misdemeanor.

Source: SL 1971, ch 182, §9; SL 1989, ch 255, §114; SL 2011, ch 145, §1; SL 2013, ch 147, §1.

TITLE 34 - PUBLIC HEALTH AND SAFETY

CHAPTER 48A - Emergency Management

§34-48A-5 - Authority of Governor in time of disaster, terrorist attack, or emergency

In the event of disaster, war, act of terrorism as defined in state law, or emergency that is beyond local government capability, the Governor:

  1. May assume direct operational control over all or any part of the emergency management functions within the state which may affect all or any portion of the state;
  2. May declare an emergency or disaster to exist in the stricken area and employ emergency management to assist local authorities to affect relief and restoration;
  3. May call upon and use any facilities, equipment, other nonmedical supplies, and resources available from any source, other than personal or private funds, in order to carry out the purposes of this chapter by contributing to the expense incurred in providing relief in such amounts as the Governor shall determine. However, nothing in this subdivision may be construed to authorize the taking of firearms, as defined in subdivision 22-1-2(16), without the consent of the owner;
  4. May suspend the provisions of any rules of any state agency, if strict compliance with the provisions of the rule would in any way prevent, hinder, or delay necessary action in managing a disaster, war, act of terrorism, or emergency, including fire, flood, earthquake, severe high and low temperatures, tornado storm, wave action, oil spill, or other water or air contamination, epidemic, blight, drought, infestation, explosion, riot, or hostile military or paramilitary action, which is determined by the Governor to require state or state and federal assistance or actions to supplement the recovery efforts of local governments in alleviating the damage, loss, hardship, or suffering caused thereby;
  5. May control the ingress and egress in a designated disaster or emergency area, the movement of vehicles upon highways within the area, the movement of persons within the area, and the occupancy of premises within the area;
  6. May procure, acquire, store, distribute, and dispense any pharmaceutical agents or medical supplies located within the state as may be reasonable and necessary to respond to the disaster, emergency, or act of terrorism;
  7. May appoint and prescribe the duties of such out-of-state health care providers as may be reasonable and necessary to respond to the disaster, emergency, or act of terrorism;
  8. May provide for the examination and safe disposal of any dead body as may be reasonable and necessary to respond to the disaster, emergency, or act of terrorism; and
  9. May provide for the protection, construction or reconstruction, repair, and maintenance of public or private transportation facilities.

The powers granted to the Governor under this section shall remain in effect for a period of six months and may be restored for one or more successive six-month periods by declaration of the Governor that the conditions permitting such powers persist.

Source: SL 1949, ch 236, §6; SL 1951, ch 285, §6; SL 1955, ch 236, §3; SDC Supp 1960, §41.01C05 (1); SL 1977, ch 271, §4; SL 1989, ch 283, §1; SL 2002, ch 162, §1, 2; SL 2004, ch 223, §1; SDCL §33-15-8.

TITLE 41 - GAME, FISH, PARKS AND FORESTRY

CHAPTER 9 - Fishing, Hunting And Trapping On Private Land And Public Rights-of-way

§41-9-1.4 - Discharge of firearm while on certain public waters prohibited--Exception--Violation as misdemeanor

No person may discharge a firearm while on that portion of public waters of this state that inundate privately-owned property from a location which is within six hundred sixty feet of an occupied dwelling, church, schoolhouse, or livestock being held in a confined area according to standard animal husbandry practices. However, a landowner or any person receiving permission from the landowner may discharge a firearm while on that portion of public waters that inundate the private property of that landowner. A violation of this section is a Class 2 misdemeanor.

Source: SL 2001, ch 233, §1.

ADMINISTRATIVE RULES

Department Of Game, Fish And Parks

ARTICLE 41:03 - PARKS AND PUBLIC LANDS

CHAPTER 41:03:01 - Uses Of Parks And Publiclands

§41:03:01:16 - (2013) Restrictions on use of firearms and bows -- Exceptions

Uncased firearms and bows are prohibited in all state parks, state recreation areas, state nature areas, and state lakeside use areas with the following exceptions:

  1. Uncased firearms and bows are permitted on designated rifle and archery ranges the year around and as provided in §41:03:01:16.01;
  2. Hunters licensed for the special Custer State Park hunting seasons may have uncased firearms and bows in Custer State Park during the season for which they are licensed;
  3. Only shotguns using shot shells, muzzleloading shotguns, and bow and arrow are permitted in Custer State Park during the Custer State Park spring turkey season as described in chapter 41:06:15;
  4. Uncased firearms and bows are permitted from September 1 to May 21, inclusive, within the Cheyenne River Lakeside Use Area;
  5. From October 1 to April 30, inclusive, uncased firearms and bows are authorized for licensed hunters in all state parks, state recreation areas, nature areas, and lakeside use areas during established hunting seasons with the following restrictions:
    1. Uncased firearms and bows are prohibited the year around in all established campgrounds, designated day use areas, and at Beaver Creek Nature Area, Lake Herman State Park, Spring Creek Recreation Area, Spirit Mound Historic Prairie, Bear Butte State Park east of State Highway 79, Oahe Downstream Recreation Area except for a hunter who possesses a valid deer license for Unit WRD-58D as described in chapter 41:06:20 or a valid turkey license for Unit PST-58B as described in chapter 41:06:13, and Adams Homestead and Nature Preserve and Good Earth State Park except for a resident hunter who possesses a valid archery deer license and an access permit as described in chapter 41:06:22 or except for a resident hunter who possesses a valid archery spring turkey license and an access permit as described in chapter 41:06:13;
    2. Only bow and arrow are permitted in Big Sioux State Recreation Area, the Forest Drive Unit of Richmond Lake State Recreation Area, Palisades State Park, LaFramboise Island, Chief White Crane, Clay County Recreation Area, and the mouth of Spearfish Canyon;
    3. Only shotguns using shot shells and bow and arrow are permitted in West Whitlock State Recreation Area, West Pickerel Recreation Area, Mina Recreation Area, Okobojo Recreation Area, Farm Island Recreation Area, Angostura Recreation Area, Cow Creek State Recreation Area, and that portion of North Point State Recreation Area which is situated to the west of 381st Street and north of 297th Avenue;
    4. Only shotguns using shot shells for the wild turkey hunting seasons and bow and arrow for archery deer and wild turkey hunting seasons are permitted in that portion of Newton Hills State Park which is situated to the west of County Road 135 and north of County Road 140;
    5. From October 1 to January 31, inclusive, deer hunting with a firearm or a bow and arrow is permitted in all state parks, state recreation areas, and state nature areas during established hunting seasons according to the provisions and restrictions set forth in this section, except for LaFramboise Island Nature Area and Farm Island Recreation Area where archery deer hunting is allowed to December 31, inclusive;
    6. A person who possesses a valid turkey license for Unit PST-48A as described in chapter 41:06:13 is permitted to have an uncased bow and arrow, a shotgun using shotshells, or a muzzleloading shotgun within the boundary of Sica Hollow State Park to the eighth day before Memorial Day, inclusive; and
  6. A person who possesses a valid concealed pistol permit as provided in SDCL chapter 23-7 may carry a concealed pistol at any time.

Source: SL 1975, ch 16, §1; 2 SDR 10, effective August 7, 1975; 4 SDR 15, effective September 15, 1977; 6 SDR 60, effective December 18, 1979; 8 SDR 85, effective January 18, 1982; 9 SDR 30, effective September 13, 1982; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 12 SDR 125, effective February 6, 1986; 12 SDR 186, effective May 28, 1986; 13 SDR 26, effective September 10, 1986; 13 SDR 192, effective June 22, 1987; 16 SDR 44, effective September 13, 1989; 19 SDR 17, effective August 12, 1992; 20 SDR 150, effective March 23, 1994; 21 SDR 148, effective March 6, 1995; 22 SDR 188, effective July 10, 1996; 25 SDR 21, effective August 27, 1998; 25 SDR 108, effective February 28, 1999; 26 SDR 9, effective August 1, 1999; 27 SDR 49, effective November 16, 2000; 27 SDR 85, effective February 26, 2001; 28 SDR 48, effective October 10, 2001; 28 SDR 129, effective March 18, 2002; 29 SDR 160, effective June 3, 2003; 30 SDR 99, effective December 22, 2003; 31 SDR 62, effective November 4, 2004; 31 SDR 213, effective July 4, 2005; 32 SDR 183, effective May 9, 2006; 32 SDR 225, effective July 3, 2006; 33 SDR 180, effective May 7, 2007; 34 SDR 199, effective January 28, 2008; 34 SDR 332, effective July 7, 2008; 35 SDR 306, effective July 2, 2009; 36 SDR 112, effective January 11, 2010; 39 SDR 10, effective August 1, 2012; 39 SDR 120, effective January 9, 2013; 40 SDR 121, effective January 6, 2014.

General Authority: SDCL 41-17-1.1(8).

Law Implemented: SDCL 41-17-1.1(8).

§41:03:01:16.01 - Uncased .22 caliber rimfire firearms prohibited -- Exceptions

Uncased .22 caliber rimfire firearms are prohibited on all state park and recreation area lands and on the George S. Mickelson Trail the year around. However, uncased .22 caliber rimfire firearms are permitted within North Point Recreation Area and Oahe Downstream Recreation Area the year around on rifle ranges designated by the department.

Source: 8 SDR 85, effective January 18, 1982; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 22 SDR 111, effective March 7, 1996; 30 SDR 99, effective December 22, 2003.

General Authority: SDCL 41-17-1.1(8).

Law Implemented: SDCL 41-17-1.1(8).

§41:03:01:16.02 - Restrictions on use or possession of firearms on lake and fishing access areas and game production areas -- Exceptions

Uncased firearms are prohibited in the following areas:

  1. East Pelican Lake Access Area in Codington County;
  2. That portion of the Beilage Game Production Area north of Christensen Drive located in sections 24 and 25, township 6 north, range 2 east, in Lawrence County;
  3. Hazel's Haven Fishing Access Area in Moody County;
  4. That portion of the Marcotte Game Production Area in section 16, township 5 north, range 5, east in Meade County;
  5. Kelley's Cove Fishing Access Area in Yankton County;
  6. Highway 38/James River Fishing Access Area in Davison County;
  7. New Underwood Lake Access Area in Pennington County except any licensed hunter while lawfully engaged in hunting;
  8. Rollings Game Production Area in Lincoln County except any licensed hunter, using a shotgun with shotshells only, while hunting small game or wild turkey during an open season and any person using a firearm on the shooting range located on the game production area when the range is open; and
  9. Lake Henry Fishing Access Area in Bon Homme County except any licensed hunter, using a shotgun with shotshells only, while hunting small game or wild turkey during an open season.

Only shotguns using shot shells and bow and arrow are permitted on lands owned by the Otter Tail Power Company and leased by the department as a game production area in Grant County and the Lake Andes Unit's game production areas in Charles Mix County.

Source: 13 SDR 192, effective June 22, 1987; 19 SDR 128, effective March 9, 1993; 22 SDR 155, effective May 22, 1996; 25 SDR 43, effective September 28, 1998; 26 SDR 21, effective August 23, 1999; 26 SDR 85, effective December 26, 1999; 29 SDR 21, effective August 26, 2002; 30 SDR 115, effective February 4, 2004; 31 SDR 21, effective August 23, 2004; 32 SDR 31, effective August 29, 2005; 33 SDR 180, effective May 7, 2007; 36 SDR 39, effective September 23, 2009; 37 SDR 215, effective May 31, 2011.

General Authority: SDCL 41-2-18(4), 41-17-1.1(8).

Law Implemented: SDCL 41-2-18(4), 41-17-1.1(8).

§41:03:01:16.03 - Discharge of firearms and bows on George S. Mickelson Trail prohibited

The discharge of firearms and bows on or across the George S. Mickelson Trail right-of-way is prohibited.

Source: 20 SDR 87, effective December 13, 1993.

General Authority: SDCL 41-17-1.1.

Law Implemented: SDCL 41-17-1.1.

§41:03:01:16.04 - Nontoxic shot areas for target shooting -- Exceptions

With the exception of those areas posted by the department as exempt from this section, the use of nontoxic shot is required for all target shooting with shotguns on all state game production areas, lake and fishing access areas, state park system areas, U.S. Army Corps of Engineers Wildlife Production Areas managed by the department, and U.S. Bureau of Reclamation Wildlife Production Areas managed by the department. Lake and fishing access areas include public water access areas designated by the department.

Source: 23 SDR 70, effective November 14, 1996; 25 SDR 108, effective February 28, 1999; 27 SDR 13, effective August 27, 2000.

General Authority: SDCL 41-2-18(1)(4), 41-17-1.1(1).

Law Implemented: SDCL 41-2-18(1)(4), 41-17-1.1(1).

§41:03:01:16.05 - Restrictions on use or possession of centerfire rifles on lake and fishing access areas and game production areas

Centerfire rifles are prohibited in the following areas:

  1. Lechtenberg Game Production Area in Hand County; and
  2. Cottonwood Lake Hatchery State Game Bird Refuge in Spink County.

Source: 33 SDR 180, effective May 7, 2007.

General Authority: SDCL 41-2-18(4), 41-17-1.1(8).

Law Implemented: SDCL 41-2-18(4), 41-17-1.1(8).

§41:03:01:17 - Airguns and slingshots prohibited

A person may not use or possess an airgun or slingshot in a state park, nature area, or recreation area or on the George S. Mickelson Trail.

Source: SL 1975, ch 16, §1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 22 SDR 111, effective March 7, 1996.

General Authority: SDCL 41-17-1.1.

Law Implemented: SDCL 41-17-1.1.