See our Prohibited Purchasers policy summary for a comprehensive discussion of this issue.

Federal law prohibits certain persons from purchasing or possessing firearms, such as felons, certain domestic abusers, and certain people with a history of mental illness.

South Dakota law provides that, subject to certain limited exceptions, no person shall possess a firearm if he or she:

  • Has been convicted of a “crime of violence” or one of a list of drug-related felonies in the past 15 years;1
  • Has been convicted of felony possession of a controlled substance or marijuana in South Dakota or of similar felony violations under the laws of another state in the past five years;2
  • Has been convicted of any misdemeanor crime involving an act of domestic violence within the past year;3 or
  • Is under the age of 18.4

For information on the background check process used to enforce these provisions, see the South Dakota Background Checks section.

Notes
  1. S.D. Codified Laws § 22-14-15. “Crime of violence” is defined in S.D. Codified Laws § 22-1-2(9). ⤴︎
  2. S.D. Codified Laws § 22-14-15.1. ⤴︎
  3. S.D. Codified Laws § 22-14-15.2. ⤴︎
  4. S.D. Codified Laws §§ 23-7-44 and 23-7-45. For exceptions to this prohibition, see the South Dakota Minimum Age to Purchase or Possess section. ⤴︎