State Gun Laws

It may be illegal to have a gun depending on the crime. Under South Dakota state law, it is illegal for someone to have/buy a gun if s/he:

1. was convicted in South Dakota or another state of a crime of violence; (Note: It is illegal for 15 years after the person was last discharged from prison, jail, probation, or parole for the crime);¹
2. was convicted of a felony drug crime under the section of the law called “Chapter 22-42. Controlled Substances and Marijuana,”¹ which are all listed on the South Dakota Legislature website. (Note: If s/he was convicted of certain felony crimes in Chapter 22-42 that are listed on our website here, then it is illegal to have/buy a gun for 15 years after the person was last discharged from prison, jail, probation, or parole for the crime.¹ However, if the conviction was for one of the felony crimes that is listed on the South Dakota Legislature website but not listed on our website here, then it is only illegal to have/buy a gun for 5 years after the person was last discharged from prison, jail, probation, or parole for the crime);² or
3. was convicted of a misdemeanor crime involving an act of domestic violence; (Note: It is only illegal to have/buy a gun for the first year after the date of the conviction.)³

In addition, a person cannot get a permit to carry a concealed weapon if s/he:

• pled guilty to, pled no contest (nolo contendere) to, or was convicted of:
  • a felony;
  • a crime of violence;
  • a misdemeanor crime of violence, as defined by federal law; or
  • any crime punishable by imprisonment for more than one year;
• has been convicted of a felony or misdemeanor crime under Chapter 23-7, 22-14, or 22-42 within the past five years (or is currently under indictment for one of those crimes); or
• is a fugitive from justice.⁴

Federal laws, which apply to all states, also restrict a person’s right to have a gun if s/he has been convicted of certain crimes. Go to Federal Gun Laws to get more information.

¹ SDCL § 22-14-15
² SDCL § 22-14-15.1
³ SDCL § 22-14-15.2
⁴ SDCL §§ 23-7-7; 23-7-7.1; 18 USC § 922​(g), (n)