Title 22 — CRIMES

Any person who commits or attempts to commit any felony while armed with a firearm, including a machine gun or short shotgun, is guilty of a Class 2 felony for the first conviction. A second or subsequent conviction is a Class 1 felony. The sentence imposed for a first conviction…

22-14-13.1

July 1, 2006. 22-14-14 Armed felony to be charged separately from principal felony charge--No offense charged when dangerous weapon an element of principal felony. 22-14-15 Possession of firearm by one with prior violent crime conviction or certain drug-related conviction--Felony…

A violation of § 22-14-12 shall be charged in the indictment or information as a separate count in addition to the principal felony or attempted felony alleged to have been committed. No offense may be charged under those sections if the use of a dangerous weapon is a necessary e…

No person who has been convicted in this state or elsewhere of a crime of violence or a felony pursuant to § 22-42-2 , 22-42-3 , 22-42-4 , 22-42-7 , 22-42-8 , 22-42-9 , 22-42-10 or 22-42-19 , may possess or have control of a firearm. A violation of this section is a Class 6 felon…

No person who has been convicted of a felony under chapter 22-42 or of a felony for a crime with the same elements in another state may possess or have control of a firearm. A violation of this section is a Class 6 felony. The provisions of this section do not apply to any person…

No person who has been convicted of any misdemeanor crime involving an act of domestic violence may possess or have control of a firearm for a period of one year from the date of conviction. Any violation of this section is a Class 1 misdemeanor. At the end of the one-year period…

Firearm defined for §§ 22-14-15 and

Any person who knows that another person is prohibited by § 22-14-15 or 22-14-15.1 from possessing a firearm, and who knowingly gives, loans, or sells a firearm to that person is guilty of a Class 6 felony. Source: SL 1972, ch 144 , § 4; SDCL Supp, § 23-7-3.1 ; SL 1976, ch 158 , …

The provisions of this chapter do not apply to any firearm which has been permanently altered so it is incapable of being discharged. Source: SL 1976, ch 158 , § 14-11; SL 1985, ch 190 , § 6; SL 1998, ch 131 , § 1; SL 2005, ch 120 , § 257. 22-14-18. Repealed by SL 1983, ch 188 , …

22-14-19

July 1, 2006. 22-14-20 Discharge of firearm at occupied structure or motor vehicle--Felony. 22-14-21 Discharge of firearm from moving motor vehicle within municipality--Felony. 22-14-22 County courthouse and state capitol defined. 22-14-23 Possession in county courthouse or state…

Any person who willfully, knowingly, and illegally discharges a firearm at an occupied structure or motor vehicle is guilty of a Class 3 felony. Source: SL 1992, ch 160 , § 1; SL 2005, ch 120 , § 259.

Any person who willfully, knowingly, and illegally discharges a firearm from a moving motor vehicle within the incorporated limits of a municipality under circumstances not constituting a violation of § 22-14-20 is guilty of a Class 6 felony. Source: SL 1992, ch 160 , § 2; SL 200…

For the purposes of §§ 22-14-23 to 22-14-28 , inclusive: (1) The term, county courthouse, means any building occupied for the public sessions of a circuit court, with its various offices, including any building appended to or used as a supplementary structure to a county courthou…

Except as provided in § 22-14-24 , any person who knowingly possesses or causes to be present any firearm or other dangerous weapon, in any county courthouse or in the state capitol, or attempts to do so, is guilty of a Class 1 misdemeanor. Source: SL 1993, ch 173 , § 2; SL 2005,…

The provisions of § 22-14-23 do not apply to: (1) The lawful performance of official duties by an officer, agent, or employee of the United States, the state, political subdivision thereof, or a municipality, who is authorized by law to engage in or supervise the prevention, dete…

Except for the authorizations set forth in § 22-14-24 , nothing in this chapter limits the power of a court to punish for contempt or to promulgate rules or orders regulating, restricting, or prohibiting the possession of weapons, within any building housing such court or any of …

Notice of the provisions of § 22-14-23 shall be posted conspicuously at each public entrance to a county courthouse and the state capitol. Source: SL 1993, ch 173 , § 5; SL 2005, ch 120 , § 264; SL 2019, ch 106 , § 5.

A defendant to a prosecution under § 22-14-23 may not claim as a defense that the defendant was the holder of a permit to carry a concealed pistol issued under chapter 23-7 . Source: SL 1993, ch 173 , § 6; SL 2019, ch 113 , § 5.

By a majority of the members-elect, the county commission in any county may elect to waive the provisions of § 22-14-23 that apply to a county courthouse. A waiver by the county commission in accordance with this section supersedes subdivision 22-14-24 (6) governing county employ…

July 1, 2006. 22-14-30

July 1, 2006. 22-14-1 to 22-14-4. Repealed by SL 1976, ch 158 , § 14-14

Any person who possesses any firearm on which the manufacturer's serial number has been changed, altered, removed, or obliterated is guilty of a Class 6 felony. The provisions of this section do not apply to persons who have applied for a new serial number pursuant to §

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 …

Any person who: (1) Recklessly discharges a firearm or recklessly shoots a bow and arrow; (2) Sets a device designed to activate a weapon upon being tripped or approached, and leaves the device unmarked or unattended by a competent person; or (3) Has in personal possession a load…

Any person who conceals on or about his or her person a controlled or dangerous weapon with intent to commit a felony is guilty of a Class 5 felony. Source: SL 1976, ch 158 , § 14-5 ; SL 1977, ch 189 , § 28; SL 2005, ch 120 , § 246. 22-14-9, 22-14-9.1. Repealed by SL 2019, ch 113…

Source: SL 2002, ch 118 , § 3; SL 2005, ch 120 , § 249; SL 2019, ch 113 , § 10; SL 2022, ch 69 , § 1. 22-14-10, 22-14-11. Repealed by SL 2019, ch 113 , §§ 3, 4.