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)