Stun Gun Laws in South Dakota

Learn about stun gun laws and possession requirements in South Dakota.

A stun gun (popularly also known as a Taser, the main maker of stun guns) is 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.

(S.D. Codified Laws § 22-1-2.)

This article describes South Dakota state law regarding who may not have a stun gun, and the circumstances or situations when carrying a stun gun is illegal in the state.

To learn more about how stun guns work, and how permitting laws vary by state, see State Gun Laws and Permit Requirements.

People Who May Not Carry a Stun Gun in South Dakota

In South Dakota, most people may purchase, possess (openly or concealed), or use a nonlethal stun gun for self-defense without obtaining a permit.

Situations or Circumstances Where Carrying a Stun Gun is Illegal

It is illegal to possess or attempt to possess a stun gun in a county courthouse. Peace officers and selected others are exempt from this law. Violation of this law is a Class 1 misdemeanor.

(S.D. Codified Laws §§ 22-1-2, 22-14-23, 22-14-24.)

It is illegal to carry or use a stun gun at any elementary or secondary school premises, vehicle, building, or any premises, vehicle, or building used or leased for elementary or secondary school functions. Peace officers and school sentinels are exempt from this law. Violation of this law is a Class 1 misdemeanor.

(S.D. Codified Laws §§ 22-1-2, 13-32-7.)

Assaults Using a Stun Gun

Anyone who uses a stun gun to cause, or attempt to cause, bodily injury to another commits a Class 3 felony, punishable by a fine of up to $30,000, up to 15 years in prison, or both.

(S.D. Codified Laws §§ 22-18-1.1, 22-6-1.)

Penalties for Stun Gun Carry Violations

It is illegal to possess or attempt to possess a stun gun in a county courthouse. Penalties include a fine of up to $2,000, up to one year in jail, or both.

(S.D. Codified Laws §§ 22-1-2, 22-14-23, 22-6-2.)

It is illegal to carry or use a stun gun at any elementary or secondary school premises. Penalties include a fine of up to $2,000, up to one year in jail, or both.

(S.D. Codified Laws §§ 22-1-2, 13-32-7, 22-6-2.)

Getting Legal Help

If you have any questions about whether you are allowed to purchase, carry, or use a gun in South Dakota, or if you are facing charges for a stun gun violation, consult a qualified criminal defense lawyer.

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