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Legal Information: South Dakota

State Gun Laws

Updated: 
October 1, 2020

I have a temporary order against the abuser. Can his/her gun be taken away?

In South Dakota, as part of an ex parte temporary order, the judge can order the abuser to “immediately turn over all weapons and ammunition to the local sheriff.”1 A person can also be denied a permit to carry a concealed weapon if s/he has a “history of violence,”2 although the law doesn’t specifically define what this means.

Federal law may also prohibit the abuser from having a firearm while a temporary order is in effect but it’s not likely. If the judge gave you an ex parte temporary protective order (which means that no advance notice was given to the abuser), which is commonly done, it could still be legal for him/her to have a gun under federal law. However, if the judge scheduled a court hearing and gave notice of the hearing to the abuser before giving you the temporary protective order, it is possible that it is illegal for him/her to have a gun under federal law. The protective order must also meet certain other requirements, though. Read I have a final order of protection against the abuser. Can his/her gun be taken away? (in our Federal Gun Laws section) to find out more.

1 See Domestic Temporary Ex Parte Order of Protection and Stalking Temporary Ex Parte Order of Protection
2 SDCL §§ 23-7-7; 23-7-7.1(4)