South Dakota Law
DOMESTIC VIOLENCE FIREARM PROHIBITIONS
South Dakota Domestic Violence Firearm Purchase and Possession Prohibitions
South Dakota does not prohibit purchase or possession of firearms or ammunition by persons convicted of misdemeanor crimes of domestic violence.
South Dakota does not prohibit purchase and possession of firearms or ammunition by persons subject to domestic violence protection orders.
SOUTH DAKOTA DOMESTIC VIOLENCE PROTECTION ORDER FIREARM REMOVAL
Domestic Violence Civil Protection Orders That Require Firearm Removal
South Dakota does not require the removal of firearms from persons subject to ex parte temporary or final domestic violence protection orders or ex parte temporary or final stalking orders of protection; however, a court may “require the defendant to surrender any dangerous weapon or any concealed pistol permit issued … in the defendant’s possession to local law enforcement.”1 Additionally, a court issuing an ex parte temporary domestic violence protection order may grant “relief as the court deems proper”2 and a court issuing a final domestic violence protection order may “[o]rder other relief as the court deems necessary for the protection of the [petitioner], including orders or directives to a sheriff or constable.”3
The court’s forms for ex parte temporary and final domestic violence protection orders and ex parte temporary and final stalking orders of protection include a box that the court may check which reads: “Respondent is ordered to immediately turn over all weapons and ammunition to the local sheriff.”4
Individuals Who May Petition for a Domestic Violence Protection Order
Any person who is involved in one of the following relationships with another party may petition for a domestic violence protection order:
- A spouse or former spouse;
- A person who is in a significant romantic relationship or has been in one during the past twelve months with the abusing party;
- A person who has a child or is expecting a child with the abusing party;
- A parent and child, including a relationship by adoption, guardianship, or marriage; or
- Siblings, whether of whole or half blood, including a relationship through adoption or marriage.5
Penalties for Violation
A violation of an ex parte temporary or final domestic violence protection order, if the respondent knows of the order, is a Class 1 misdemeanor; however, if the violation constitutes a simple assault, aggravated assault, or stalking, the violation is a Class 6 felony.6 A violation of an ex parte temporary or final stalking order of protection, if the respondent knows of the order, is a Class 1 misdemeanor; however, if the violation constitutes an aggravated assault, the violation is a Class 6 felony.7
Class 1 misdemeanors are punishable by up to one year imprisonment in a county jail, up to $2000 fine, or both.8 Class 6 felonies are punishable by up to two years imprisonment in the state penitentiary, up to $4000 fine, or both.9
If the respondent has previously been convicted of or entered a plea of guilty to two or more violations of an ex parte temporary or final domestic violence protection order or an ex parte temporary or final stalking order of protection (the factual basis for which occurred after the date of the second conviction, and occurred within 10 years of committing the current offense) any third or subsequent violation is a Class 6 felony.10
