Possession of controlled weapon--Felony--Exceptions

Any person who knowingly possesses a controlled weapon is guilty of a Class 6 felony. However, the provisions of this section do not apply to any person who: (1) Is a law enforcement officer or member of the armed forces of the United States or South Dakota National Guard acting in the lawful discharge of duties; (2) Has a valid state or federal license issued pursuant to law for such weapon or has registered such weapon with the proper state or federal authority pursuant to law; (3) Possesses a controlled weapon briefly after having found it or taken it from an offender; or (4) Possesses a controlled weapon, except a machine gun or short shotgun, under circumstances which negate any purpose or likelihood that the weapon would be used unlawfully. Source: SL 1976, ch 158 , § 14-2 ; SL 1977, ch 189 , § 27; SL 2005, ch 120 , § 244. Effective July 1, 2026