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Legal Information: South Dakota

State Gun Laws

October 1, 2020

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.”1

In addition, a person can be denied a permit to carry a concealed weapon if s/he is the respondent on a protection order that was issued after notice and a hearing that:

  1. restrains him/her from:
    • harassing, stalking, or threatening an intimate partner or the child of an intimate partner; or
    • engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
  2. includes a finding that s/he represents a credible threat to the physical safety of an intimate partner or child or specifically prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury.2

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.

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 §§ 23-7-7;. 23-7-7.1(10); 18 USC § 922​(g)