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.

Notes
  1. S.D. Codified Laws § 22-14-15.2. ⤴︎
  2. S.D. Codified Laws § 25-10-24. ⤴︎