Title 23 — LAW ENFORCEMENT

Any person who is active duty military, or the spouse of a person who is active duty military, with a home of record in South Dakota is considered to have met the provisions of subdivision 23-7-7.1 (6). Source: SL 2009, ch 121 , § 3; SL 2015, ch 136 , § 1.

Notwithstanding the five day requirement provided in § 23-7-7.1 , if the background investigation under § 23-7-7 requires an international criminal history check through INTERPOL, the sheriff shall issue a temporary permit to carry a concealed pistol within three business days of…

Source: SL 2019, ch 113 , § 14; SL 2025, ch 36 , § 5.

A person who is under the age of eighteen years of age may not carry a concealed pistol except in the presence of a parent or legal guardian. Source: SL 2019, ch 113 , § 15.

The Office of the Secretary of State shall reimburse counties based on the number of concealed carry permits issued each year. The reimbursement amount is: (1) Three dollars for an initial permit to carry a concealed pistol issued under § 23-7-8.2 ; (2) Three dollars for renewal …

The application for a permit to carry a concealed pistol, enhanced permit to carry a concealed pistol, or a gold card permit to carry a concealed pistol shall be filed either electronically or in triplicate on a form prescribed by the secretary of state. The application shall req…

The secretary of state shall prescribe the form of the permit to carry a concealed pistol, the form of the enhanced permit to carry a concealed pistol, and the form of the gold card permit to carry a concealed pistol pursuant to §

No state agency, political subdivision, official, agent, employee of any state agency or political subdivision, may knowingly release or permit access to any application, list, record or registry of applicants or holders of permits to carry a concealed pistol to any person except…

The holder of the regular permit to carry a concealed pistol may renew the permit through the sheriff of the county where the holder resides for a period beginning ninety days before the permit expires. The holder must pass a background investigation, including a computer check o…

If a South Dakota resident holds a regular concealed carry permit issued in accordance with § 23-7-7 , and is a member of a state National Guard unit, the Armed Forces of the United States, or the Armed Forces Reserves of the United States, and the holder's permit expires during …

Upon the expiration of a permit to carry a concealed pistol that was issued pursuant to this chapter, the permit holder has a thirty-day grace period to renew the permit. During the grace period, the permit holder may continue to carry a concealed pistol. Source: SL 2017, ch 103 …

The grace period provided in § 23-7-8.13 does not apply to any permit holder who committed a crime that would make it unlawful for the permit holder to own or possess a gun, or a permit holder who attempted to renew the holder's permit, but was denied renewal upon application for…

The permit to carry a concealed pistol is valid for a period of five years from the date of issuance. Source: SL 1985, ch 190 , § 12; SL 1993, ch 182 , § 1; SL 1994, ch 177 , § 1; SL 1997, ch 141 , § 1; SL 2013, ch 111 , § 1; SL 2021, ch 104 , § 1; SL 2022, ch 70 , § 1.

A permit to carry a concealed pistol shall be issued to a specific person only and may not be transferred from one person to another. Source: SL 1985, ch 190 , § 13.

A prosecuting attorney, upon application of a law enforcement officer, may apply to the circuit court for an order to show cause why a person's permit to carry a concealed pistol should not be revoked. Upon order of the court, after hearing, the permit shall be revoked and the ho…

23-7-8.6 List, record, or registry of privately owned firearms, owners of firearms, or holders of permits prohibited. 23-7-8.7 Application of firearm confidentiality provisions. 23-7-8.8 Law enforcement officer not restricted in performance of official duty under specified circum…

No state agency, political subdivision, official, agent, or employee of any state agency or political subdivision may knowingly keep or cause to be kept any list, record, or registry of privately owned firearms or any list, record, or registry of the owners of those firearms, or …

The provisions of § 23-7-8.6 do not apply to: (1) Records of firearms that have been used in committing any crime; (2) Permits to carry a concealed pistol records relating to any person who has been convicted of a felony; (3) Records of the serial numbers of firearms that have be…

The provisions of §§ 23-7-8.6 to 23-7-8.9 , inclusive, do not restrict any law enforcement officer in the performance of any official duty if the law enforcement officer is in the immediate physical presence of a permit holder who has either presented a permit to the officer or d…

The provisions of §§ 23-7-8.6 to 23-7-8.9 , inclusive, do specifically prohibit any law enforcement officer from retaining any notes, data, or pieces of information, either collectively or individually, unless the retention of such notes, data, or pieces of information is pertine…

Any pistol that is delivered shall be securely wrapped and shall be unloaded. A violation of this section is a Class 1 misdemeanor. Source: SDC 1939, §§ 21.0109, 21.9901; SDCL § 23-7-24 ; SL 1969, ch 89 , § 2; SL 1972, ch 144 , § 3; SL 1978, ch 169 , § 18; SL 1985, ch 190 , § 15;…

Public offenses may be prevented by the intervention of the officers of justice: (1) By requiring security to keep the peace; (2) By forming a police in municipalities, and by requiring their attendance in exposed places; (3) By suppressing riots. Source: SDC 1939 & Supp 1960, § …

Any person treating any bullet wound, gunshot wound, powder burn, or any other injury arising from or caused by the discharge of any firearm, shall report such treatment to the sheriff of the county in which the wound is treated. Source: SL 1967, ch 111 , § 1; SL 1978, ch 169 , §…

The report shall be made orally as soon as possible by any available means, to the sheriff of the county in which the wound is examined, dressed, or otherwise treated. Source: SL 1967, ch 111 , § 2; SL 1978, ch 169 , § 5.

Any person making a report pursuant to §§ 23-13-10 and 23-13-11 shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed, and shall have the same immunity when participating in any judicial proceeding resulting from such report. Sourc…

Any confidential relation privilege set forth in subdivisions 19-19-503(b) and 19-19-504(b) may not be claimed in any judicial proceeding relating to a report concerning an injury from a firearm made pursuant to §§ 23-13-10 and

Any person described in § 23-13-10 who knowingly fails to make the reports required by §§ 23-13-10 and 23-13-11 is guilty of a Class 1 misdemeanor. Source: SL 1967, ch 111 , § 5; SL 1978, ch 169 , § 8. 23-13-15, 23-13-16. Repealed by SL 1978, ch 164 , §§ 1, 3 23-13-17. Repealed b…

When the officers of justice are authorized to act in the prevention of public offenses, other persons, who by their command act in their aid, are justified in so doing. Source: SDC 1939 & Supp 1960, § 34.0102. 23-13-3. Repealed by SL 1978, ch 185 , § 19

It shall be the duty of all sheriffs, police officers, town marshals, constables, and other peace officers and the state's attorneys in each county and the deputies or assistants of any of them to cooperate in the enforcement of all the provisions of chapter 22-25 . Source: SDC 1…

The attorney general shall have authority and it shall be his duty whenever any peace officer or state's attorney of any county has neglected the investigation and enforcement of chapter 22-25 , to make the investigations and complaints and conduct the prosecutions the same as th…

Any public official referred to in §§ 23-13-4 and 23-13-5 who has knowledge sufficient to put an ordinary person on inquiry as to existence of any forms of gambling nuisance prohibited by this code and who fails thereafter diligently to secure and prepare the available evidence a…

A prosecuting attorney may, whenever necessary in his investigations, have the testimony taken by him written out in questions and answers and filed with the papers in the case. Source: SDC 1939 & Supp 1960, § 34.1505; SL 1978, ch 169 , § 3. 23-13-8, 23-13-9. Repealed by SL 1978,…

The coroner shall hold an inquest upon the dead bodies of such persons only as are supposed to have died by unlawful means. Source: SDC 1939 & Supp 1960, § 34.1001. 23-14-2. Repealed by SL 2003, ch 134 , § 1

The testimony shall be reduced to writing under the coroner's order, and be subscribed by the witnesses. Source: SDC 1939 & Supp 1960, § 34.1009. 23-14-11. Repealed by SL 1978, ch 171 , § 6

23-14-13 Arrest of person charged--Coroner's warrant. 23-14-14 Coroner's warrant equal to magistrate's warrant--Proceedings as on complaint. 23-14-15 Recitals in coroner's warrant--Foundation for commitment proceedings. 23-14-16 Papers returned to circuit court. 23-14-17 Forms to…

If the inquisition find that a crime has been committed on the deceased, and name the person whom the jury believe committed it, the inquest shall not be made public until after the arrest directed in §

If the person charged is present the coroner may order his arrest by a law enforcement officer or any other person present, and shall then make a warrant requiring the law enforcement officer or other person to take him before a committing magistrate. If the person charged is not…

The warrant of a coroner in such case shall be of equal authority with that of a committing magistrate, and when the person charged is brought before the committing magistrate the same proceedings shall be had as in other cases started by a complaint, and he shall be dealt with i…

The warrant of the coroner shall recite substantially the transactions before him, and the verdict of the jury of inquest leading to the arrest, and such warrant shall be sufficient foundation for the proceedings of the committing magistrate instead of a complaint. Source: SDC 19…

The coroner shall then return to the circuit court the inquisition, the written evidence, and a list of the witnesses who testified to material matters. Source: SDC 1939 & Supp 1960, § 34.1014.

The attorney general shall promulgate forms, pursuant to chapter 1-26 , implementing this chapter. The code commission shall publish such forms as an appendix to this chapter when it publishes the pocket parts or revised volumes of the South Dakota Codified Laws. Such forms shall…

The county coroner shall investigate any human death if a determination of the cause and manner of death is in the public interest. Nothing in the provisions of this section, § 23-14-9.1 , 23-14-19 , 23-14-20 , 34-26-2 , 34-26-5 , or 34-26-14 supersedes the obligation of any coun…

The secretary of health may designate physicians, physician's assistants, or certified nurse practitioners with competency in the field of forensic pathology as special death investigators. Source: SL 1989, ch 204 , § 1; SL 1991, ch 198 , § 2; SL 2017, ch 171 , § 50.

At the request of a county coroner having jurisdiction over a dead body, or at the request of a state's attorney in deaths which may have occurred by unlawful means, the special death investigator may directly assume jurisdiction over any dead body when determination of the cause…

The secretary of health may direct a special death investigator to investigate and certify deaths remaining uncertified for more than three months after the death occurred or was reported. Source: SL 1989, ch 204 , § 3.

The special death investigator shall be compensated only by the agency requesting his services on a direct fee - for - service basis. Source: SL 1989, ch 204 , § 4.

As to any death, the cause and manner of which is in the public interest, the county coroner and law enforcement agency exercising investigative control over such death shall jointly take charge of and exercise complete control over all dead bodies and all effects affixed thereto…

23-14-4

The county coroner shall prepare a medical certificate in conformance with chapter 34-25 for all deaths over which he assumes jurisdiction. Source: SL 1985, ch 191 , § 3.

When the coroner has notice of the dead body of a person supposed to have died by unlawful means, found or being in his county, he shall issue a warrant to the sheriff of his county, requiring him to summon forthwith three electors having the qualifications of jurors of the count…