South Dakota

Introduction

Over 158,000 South Dakota residents experience intimate partner violence in their lifetimes. Fortunately, many victims survive these traumatic events; however, many will be die as a result of domestic violence related murders. Although South Dakota doesn’t publicly report domestic violence- or intimate partner-related fatality statistics including mechanism of death, evidence suggests firearms are a significant contributing factor. An abuser’s access to firearms can determine a victim’s chances of survival; domestic violence firearm prohibitions and removal laws save lives. South Dakota does not prohibit purchase or possession of firearms or ammunition by persons convicted of misdemeanor crimes of domestic violence or persons subject to domestic violence protection orders.

South Dakota does not require the removal of firearms from persons subject to domestic violence protection orders; however, a court issuing an ex parte domestic violence protection order or temporary stalking order of protection may grant relief as the court deems proper and a court issuing a final domestic violence protection order or final stalking order of protection may order other relief as the court deems necessary for the protection of the petitioner.