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Legal Information: South Dakota

State Gun Laws

October 1, 2020

If the abuser's gun is taken away, what will happen to it?

If the abuser’s gun is ordered to be taken away as part of your protection order, the abuser may be required to turn it over to the local sheriff department.1 It may then either be held by the sheriff department, or in some cases, the authorities may allow the abuser to leave the gun with a friend or relative while your protection order is in effect.

If the abuser’s gun is taken by the police as part of a criminal case, s/he may be required to turn it over to local law enforcement.2 In most states, guns that are given to law enforcement are either sold or destroyed if the abuser is convicted of the crime. If the abuser is not convicted of the crime, the gun will most likely be given back to him/her.

1 See Domestic Permanent Order of Protection, Domestic Temporary Ex Parte Order of Protection, Stalking Permanent Order of Protection, and Stalking Temporary Ex Parte Order of Protection
2 SDCL § 25-10-24