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Legal Information: South Dakota

State Gun Laws

October 1, 2020

What is the penalty for violating the firearm laws?

If the judge includes as one of the terms of your protection order that the abuser must turn over his/her firearms, s/he can be charged with a class 1 misdemeanor if s/he violates that term of the protection order.1  If s/he violates the criminal law that prohibits a person convicted of a crime of violence or certain drug crimes from having a firearm, it can be a class 6 felony.2  If s/he violates the criminal law that prohibits a person convicted of a misdemeanor crime involving an act of domestic violence from having a firearm, it can be a class 1 misdemeanor.3

In addition, anyone who owns, has or buys a gun in violation of the federal firearm laws can be punished by a fine, jail time for up to 10 years, or both.4

1 SDCL § 25-10-13
2 SDCL §§ 22-14-15; 22-14-15.1
3 SDCL § 22-14-15.2
4 18 USC § 924(a)(2)