Conozca la Ley: South Dakota
ACTUALIZADA 31 de septiembre, 2009
WomensLaw.org strongly recommends that you get in touch with a domestic violence advocate in your community for more information on gun laws in your area. Go to the SD Where to Find Help page to find a domestic violence organization in your area that can help you.
- Basic Info
- Guns and Protective Orders
- Guns and Criminal Convictions
- More Information and Where to Get Help
Basic Info
arribaI am a victim of domestic violence and my abuser has a gun. Do I have legal options for getting the gun away from my abuser?
Yes. Both Federal and SD state law prohibit certain persons from having and buying guns, and both Federal and SD state law can be enforced in South Dakota. We discuss both on this page.
If you have a Protection Order against your abuser, or if your abuser has been convicted of a felony or domestic violence misdemeanor, then Federal law states that it is illegal for your abuser to buy or have a gun in their possession. *
In addition, South Dakota state law says that a person cannot have, control or buy a gun if he has been convicted a violent crime, a felony, or a drug-related crime. If the person has been convicted of any misdemeanor crime involving an act of domestic violence, his rights to have a gun will be given back to him one year after he is convicted of the crime. **
Note: There are certain requirements that your Protection order must meet for it to qualify under Federal law. See the next question to read more about what those requirements are.
If you are not sure if your abuser has been convicted of a domestic violence misdemeanor, see What crimes are considered domestic violence misdemeanors?
To read the definition of a felony, see What is the definition of a felony?
* 18 USC Sec. 922 (g) (8); 18 USC Sec. 922 (g)(9)
** South Dakota Codified Laws, 22-14-15, 15.1,15.2