South Dakota Concealed Weapon Charges: SD Sentencing and Penalties

South Dakota is a shall-issue state, which means that a concealed weapons permit will be issued by the county sheriff to residents who meet certain qualifications. They must fill out a form that is called an "Application for a Temporary Permit to Carry a Concealed Pistol." All applicants must pass a criminal background check conducted through the federal database. Permits are valid for a period of four years from the date they were issued.

South Dakota Weapons Laws

South Dakota has some of the least restrictive gun control laws in the nation. They allow people to openly carry a loaded firearm in public and in their motor vehicle. Concealed weapons with a valid permit are prohibited in the following places:

Any elementary or secondary school property
Any courthouse or any building used as an additional structure to a courthouse
Any establishment that derives more than half its income from the sale of alcohol

Any place that has posted a "no firearms" sign is not valid unless South Dakota State Law considers them off limits. However, people who are asked to leave the property must comply. The State of South Dakota recognizes any valid concealed weapons permit issued to a non-resident.

South Dakota Weapons Violations

Anyone who possesses a gun while committing a felony will be given an additional sentence of five years in prison. Any subsequent offense will result in an additional sentence of 10 years. The South Dakota weapons penalties are listed below:

Type of Crime	Description of the Offense	Jail Time & Fines
Class 2 Misdemeanor Offense	Any person other than a law enforcement or conservation officer cannot operate or ride in a snowmobile with a firearm in their possession unless the weapon is unloaded and in a carrying case	No more than 30 days in county jail A fine of up to $500
Class 1 Misdemeanor Offense	Any person who possesses a pistol within a year of a domestic violence conviction Carrying a concealed pistol without a valid permit Possession of a firearm on elementary or school property or in a courthouse Possession of a loaded firearm while intoxicated Sale of a pistol by a retail dealer without checking the person's identity Minor in possession of a pistol Pistols must be delivered securely wrapped and unloaded	No more than 1 year in county jail A fine of up to $2,000
Class 6 Felony Offense	Any person who possesses a firearm with the serial number altered Providing false information or false evidence of their identity when applying for a concealed pistol permit Any person who knowingly possesses a controlled weapon	Up to 2 years in prison A fine of up to $4,000
Class 5 Felony Offense	Any person who carries a concealed dangerous or controlled weapon with the intent to commit a felony	Up to 5 years in prison A fine of up to $10,000
Class 4 Felony Offense	Any person who intentionally threatens or causes a disruption of a building by leaving a dangerous weapon behind	Up to 10 years in prison A fine of up to $20,000
Class 2 Felony Offense	Any person armed with a dangerous weapon while committing first-degree burglary Any person who commits or attempts to commit any felony while armed with a firearm	Up to 25 years in prison A fine of $50,000

South Dakota Plea Options

Once a criminal suspect has been placed in custody, they will be booked into the county jail. The first court appearance is the arraignment where they can enter a plea and request a court-appointed attorney. Not all defendants are eligible to be represented by a public defender. The best option is to enter a plea of not guilty, which gives the defendant time to hire a criminal defense attorney. Prosecutors will offer a plea bargain in some cases where the individual agrees to plead guilty to a lesser offense. Never accept a plea arrangement until represented by legal counsel.

Legal Advice from a South Dakota Defense Attorney

While South Dakota has some liberal gun laws, it also has harsh penalties for anyone who violates them. When you hire a seasoned criminal defense attorney, they know how to work the system in your favor. They can find out what the evidence is against you and possibly get the charges reduced or dismissed on a technicality. If you have been arrested and charged with a weapons violation, call an attorney right away.

South Dakota Concealed Weapon Charges

South Dakota Weapons Laws

South Dakota Weapons Violations

South Dakota Plea Options

Legal Advice from a South Dakota Defense Attorney

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