I do not have a protection order against the abuser and s/he has not been convicted of a crime. Can s/he have a gun?
Under South Dakota law, there are many reasons that a person cannot get a permit to carry a concealed weapon that don’t involve criminal convictions or protection orders. The permit should be denied if s/he:
- is under age eighteen;
- is habitually in an intoxicated or drugged condition;
- has a history of violence;
- was determined to be a “danger to others” or a “danger to self” at some point during the past 10 years;
- is currently deemed mentally incompetent by a judge;
- has not physically resided the county where the application is being made for at least the past thirty days;1 (although there is an exception to this for members of the military and their spouses);2
- is currently under indictment for a felony or misdemeanor crime under Chapter 23-7, 22-14, or 22-42;
- is not a citizen or legal resident of the United States; or
- is a fugitive from justice.1
If none of these situations apply, you can still make a plan for your safety. See our Safety Tips page for more information. You can also contact your local domestic violence organization for additional help. You may want to talk to them about whether leaving the area - either long term or for a little while - might help improve your safety. See our SD Advocates and Shelters page to find a local domestic violence organization near you.
For additional information on gun laws in South Dakota, you can go to the Giffords Law Center website.
Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun under other circumstances. Go to Federal Gun Laws to get more information.
1 SDCL §§ 23-7-7; 23-7-7.1
2 SDCL § 23-7-7.5
I've read through all of this information, and I am still confused. What can I do?
Trying to understand both federal and state law can be confusing, but there are people out there who can help you better understand the law and your rights under the law.
- You can contact the National Center on Protection Orders and Full Faith & Credit to get more information about the firearm laws and how they may apply to you at 1-800-903-0111, ext. 2.
- You can write to our Email Hotline.
- You can contact a local domestic violence organization in your area by clicking on our SD Places that Help page.