Legal Information: South Dakota

State Gun Laws

June 2, 2017

I have a protection order against the abuser. Can s/he keep a gun or buy a new gun?

In South Dakota, as part of an ex parte temporary order or a final protection order, the judge can order the abuser to "immediately turn over all weapons and ammunition to the local sheriff."*  A person can also be denied a permit to carry a concealed weapon if s/he has a "history of violence,"** although the law doesn't specifically define what this means.

Federal laws, which apply to all states, restrict an abuser's right to have a gun if you have a protection order against him/her that meets certain requirements even if the judge does not specifically include on the order that s/he cannot have a gun.  Go to the Federal Gun Laws page to get more information.

If you are afraid for your safety, talk to your local domestic violence program about your options.  Go to the SD Advocates and Shelters to find a program in your area.

* See Domestic Permanent Order of ProtectionDomestic Temporary Ex Parte Order of Protection, Stalking Permanent Order of Protection, and Stalking Temporary Ex Parte Order of Protection

** SDCL §§ 23-7-7; 23-7-7.1(4)