South Dakota Gun Control Laws

The South Dakota State Constitutional Provision allows residents to own firearms and to defend themselves. Article VI, Section 24 complies with the Second Amendment of the U.S. Constitution. Qualifying residents may purchase firearms and accessories in South Dakota and in the adjacent states.  However, laws prohibit certain individuals from purchasing or possessing guns.

Carrying Guns and Possession Laws: Penalties & Regulations

Persons under the age of 18 must not possess a pistol.  However, the restriction does not apply, if a parent, guardian, or firearms instructor is present.  An individual convicted of a misdemeanor domestic violence crime cannot possess a gun for a period of one year; and a convicted felon may not have a weapon.  However, if the person has been discharged from incarceration or parole more than 15 years from the prior offense, the restriction does not apply.  In South Dakota, illegal possession of a firearm includes:

• Persons habitually misusing drugs and alcohol
• History of violence
• Has been a danger to self or others in the last 10 years
• Non-residents
• Persons convicted of a misdemeanor or felony in the last 5 years
• Fugitives from justice

Requirements:

South Dakota Gun Purchasing Laws

Unless a person already possesses a valid carrying permit, lawful gun purchases are made through a federally licensed gun dealer.  Guns are sold and traded in South Dakota and the contiguous states.  Without the permit, a 48-hour waiting period is instated, in order to facilitate a background check.  The application for purchase must be sent to the proper authorities within 6 hours of the request. After 48 hours, if no just cause is found to stop the sale, the firearm is turned over to the purchaser.

Penalties & Regulations for Illegal Purchases

Unfortunately, unlawful purchases of firearms do occur; so, regulations and penalties have been established to protect the public from those individuals who have forfeited their Second Amendment rights, or are simply not old enough to have the privilege of carrying a potentially lethal weapon.  For people choosing to disregard state and Federal laws regarding guns, consequences are established for those convicted of a misdemeanor or a felony gun charge.  For example:

• Possession of a firearm with an altered serial number is a classy six felony carry penalties of a $4000 fine, 2 years in the penitentiary, or both
• Possession of a gun during the commission of a felony is a minimum additional sentence of 5 years in prison for the first offense.  For the second, the minimum consecutive penalty is an additional 10 years
• Any person found in possession of a firearm, within one year of a misdemeanor domestic violence conviction, is charged with a class 1 misdemeanor

Firing Handguns and Self Defense

Citizens of South Dakota have the Constitutional right to defend their families and property from a person(s) intent on violence. Force met with force is permitted. Lethal action is warranted, to prevent injury or death at the hands of another.  However, there are times when the use of a gun is never condoned, and punishable by law:

• Ownership of machine guns or sawed off weapons is strictly prohibited-unless the individual is law enforcement, with a special permit to carry
• Possession of a gun by a minor is unlawful, unless in the presence of a parent, guardian, or licensed firearms instructor
• Non-citizens of the United States are not allowed to purchase or possess a firearm

Legal Help

For person(s) charge with illegal possession or purchase of a firearm, professional legal advice is imperative.  Stiff penalties of prison time and monetary fines may apply.  A lawyer knows the letter of the law, and any exceptions that may apply.  Whether the charges stem from a possible misdemeanor of felony offence, a lawyer can help ensure the best possible outcome, under the circumstances, regardless of charges related to:

• Unlawful discharge of a weapon
• Possession of a weapon during the commission of a crime
• Minor in possession
• Possession of a loaded weapon on public property