South Dakota law prohibits any person who has been convicted of a misdemeanor crime involving an act of domestic violence from possessing or having control of a firearm for a period of one year from the date of the conviction.1 However, a broader federal law prohibits domestic violence misdemeanants from possessing firearms regardless of when the conviction occurred.
South Dakota law does not:
- Prohibit individuals subject to domestic violence protective orders from possessing firearms or ammunition (unlike federal law );
- Require courts to notify domestic abusers when they become prohibited from possessing firearms or ammunition under state or federal law ;
- Require the surrender of firearms or ammunition by domestic abusers who have become prohibited from possessing firearms or ammunition under federal law , although a court may require the defendant in a domestic abuse action to surrender any firearm in his or her possession to local law enforcement;2 or
- Explicitly authorize or require the removal of firearms or ammunition at the scene of a domestic violence incident.
See our Domestic Violence & Firearms policy summary for a comprehensive discussion of this issue.
- S.D. Codified Laws § 22-14-15.2.
- S.D. Codified Laws § 25-10-24.