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CHAPTER 22-14

UNLAWFUL USE OF WEAPONS

22-14-1 to 22-14-4.      Repealed.
22-14-5      Possession of firearm with altered serial number--Felony--Exception.
22-14-6      Possession of controlled weapon--Felony--Exceptions.
22-14-7      Reckless discharge of firearm or shooting of bow and arrow--Leaving trip device--Possession of loaded firearm while intoxicated--Misdemeanor.
22-14-8      Concealment of weapon with intent to commit felony--Felony.
22-14-9, 22-14-9.1.      Repealed.
22-14-9.2      Holders of permits from reciprocal states subject to South Dakota laws--Misdemeanor.
22-14-10, 22-14-11.      Repealed.
22-14-12      Commission of felony while armed with firearms--Felony--Minimum sentences--Consecutive sentencing--Execution of sentence.
22-14-13      Repealed.
22-14-13.1      Repealed.
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--Fifteen-year period.
22-14-15.1      Possession of firearm by one with prior drug conviction--Felony--Exception.
22-14-15.2      Possession of firearm by one convicted of misdemeanor crime involving domestic violence--Misdemeanor--Civil rights restored--Repeal of section--Order restoring rights.
22-14-15.3      Firearm defined for §§ 22-14-15 and 22-14-15.1.
22-14-16      Providing firearm to person with known prior violent crime conviction--Felony.
22-14-17      Firearms incapable of discharge exempt.
22-14-18      Repealed.
22-14-19      Repealed.
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 capitol--Misdemeanor.
22-14-24      Exceptions to penalty for possession in a county courthouse or state capitol.
22-14-25      Power of court to punish for contempt and to promulgate rules.
22-14-26      Notice to be posted at county courthouse and state capitol.
22-14-27      Concealed pistol permit not a defense.
22-14-28      Waiver of provisions.
22-14-29      Repealed.
22-14-30      Transferred.


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   Repealed by SL 1976, ch 158, § 14-14


     22-14-5.   Possession of firearm with altered serial number--Felony--Exception. 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 § 23-7-43.

Source: SDC 1939, § 21.0114; SDCL, § 23-7-21; SL 1976, ch 158, § 14-4; SL 1985, ch 190, § 2; SL 2005, ch 120, § 243.


     22-14-6.   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.


     22-14-7.   Reckless discharge of firearm or shooting of bow and arrow--Leaving trip device--Possession of loaded firearm while intoxicated--Misdemeanor. 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 loaded firearm while intoxicated;
is guilty of a Class 1 misdemeanor.

Source: SL 1976, ch 158, § 14-3; SL 2005, ch 120, § 245.


     22-14-8.   Concealment of weapon with intent to commit felony--Felony. 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, §§ 1, 2.


     22-14-9.2.   Holders of permits from reciprocal states subject to South Dakota laws--Misdemeanor. Any person who is permitted to carry a concealed pistol in a state with which the secretary of state has entered into a reciprocity agreement pursuant to §§ 23-7-7.3, 23-7-7, 23-7-7.1, and 23-7-8 may carry a concealed pistol in this state if the permit holder carries the pistol in compliance with the laws of this state. Any violation of this section is a Class 1 misdemeanor.

Source: SL 2002, ch 118, § 3; SL 2005, ch 120, § 249; SL 2019, ch 113, § 10.


     22-14-10, 22-14-11.   Repealed by SL 2019, ch 113, §§ 3, 4.


     22-14-12.   Commission of felony while armed with firearms--Felony--Minimum sentences--Consecutive sentencing--Execution of sentence. 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 under this section shall carry a minimum sentence of imprisonment in the state penitentiary of five years. In case of a second or subsequent conviction under this section such person shall be sentenced to a minimum imprisonment of ten years in the penitentiary.
     Any sentence imposed under this section shall be consecutive to any other sentences imposed for a violation of the principal felony. The court may not place on probation, suspend the execution of the sentence, or suspend the imposition of the sentence of any person convicted of a violation of this section.

Source: SDC 1939, § 21.9902; SDCL, § 23-7-37; SL 1976, ch 158, § 14-8; SL 1977, ch 189, § 32; SL 1985, ch 192, § 48; SL 2005, ch 120, § 252.


     22-14-13.   Repealed by SL 1985, ch 192, § 49


     22-14-13.1.   Repealed by SL 2005, ch 120, § 253, eff. 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. 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 element of the principal felony alleged to have been committed or attempted.

Source: SL 1976, ch 158, § 14-8; SL 2005, ch 120, § 254.


     22-14-15.   Possession of firearm by one with prior violent crime conviction or certain drug-related conviction--Felony--Fifteen-year period. 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 felony. The provisions of this section do not apply to any person who was last discharged from prison, jail, probation, or parole more than fifteen years prior to the commission of the principal offense.

Source: SL 1976, ch 158, § 14-9; SL 1977, ch 189, § 34; SL 1998, ch 130, § 1; SL 2005, ch 120, § 255.


     22-14-15.1.   Possession of firearm by one with prior drug conviction--Felony--Exception. 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 who was last discharged from prison, jail, probation, or parole, for a felony under chapter 22-42 more than five years prior to the commission of the principal offense and is not subject to the restrictions in § 22-14-15.

Source: SL 1998, ch 130, § 2; SDCL, § 22-14-30; SL 2005, ch 120, §§ 267, 268.


     22-14-15.2.   Possession of firearm by one convicted of misdemeanor crime involving domestic violence--Misdemeanor--Civil rights restored--Repeal of section--Order restoring rights. 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, any civil rights lost as a result of this provision shall be restored. Any person who has lost their right to possess or have control of a firearm as a result of a misdemeanor conviction involving an act of domestic violence, prior to July 1, 2005, shall be restored to those civil rights one year after July 1, 2005. This section shall be repealed on the date when any federal law restricting the right to possess firearms for misdemeanor domestic violence convictions is repealed.
     Once eligible under the statute, a person convicted under this section may petition the convicting court for an order reflecting the restoration of any firearm rights lost, if the person has not been convicted within the prior year of a crime for which firearm rights have been lost. A petition filed under this section shall be verified by the petitioner and served upon the states attorney in the county where the conviction occurred. Thirty days after service upon the states attorney, the court shall enter the order, if the court finds that the petitioner is eligible for relief under this section. (This section is repealed under its own terms on the date when any federal law restricting the right to possess firearms for misdemeanor domestic violence convictions is repealed.)

Source: SL 2005, ch 120, § 269.


     22-14-15.3.   Firearm defined for §§ 22-14-15 and 22-14-15.1. For purposes of §§ 22-14-15 and 22-14-15.1, the term, firearm, includes any antique firearm as defined in subdivision 22-1-2(4) and any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, including muzzle loading weapons that are designed to use black powder or a black powder substitute and cannot use fixed ammunition.

Source: SL 2012, ch 121, § 1.


     22-14-16.   Providing firearm to person with known prior violent crime conviction--Felony. 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, § 14-10; SL 1977, ch 189, § 35; SL 2005, ch 120, § 256.


     22-14-17.   Firearms incapable of discharge exempt. 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, § 1


     22-14-19.   Repealed by SL 2005, ch 120, § 258, eff. July 1, 2006.


     22-14-20.   Discharge of firearm at occupied structure or motor vehicle--Felony. 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.


     22-14-21.   Discharge of firearm from moving motor vehicle within municipality--Felony. 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 2005, ch 120, § 260.


     22-14-22.   County courthouse and state capitol defined. 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 courthouse; and
             (2)      The term, state capitol, includes any building appended to or used as a supplementary structure to the state capitol.

Source: SL 1993, ch 173, § 1; SL 2005, ch 120, § 261; SL 2019, ch 106, § 1.


     22-14-23.   Possession in county courthouse or state capitol--Misdemeanor. 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, ch 120, § 262; SL 2019, ch 106, § 2.


     22-14-24.   Exceptions to penalty for possession in a county courthouse or state capitol. 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, detection, investigation, or prosecution of any violation of law or who is an officer of the court;
             (2)      The possession of a firearm or other dangerous weapon by a judge or magistrate;
             (3)      The possession of a firearm or other dangerous weapon by a federal or state official or by a member of the armed services, if such possession is authorized by law;
             (4)      The possession of a concealed pistol in the state capitol by a qualified law enforcement officer or a qualified retired law enforcement officer in accordance with the Law Enforcement Officers Safety Act of 2004, 18 U.S.C. § 926B-C;
             (5)      The possession of a concealed pistol anywhere in the state capitol, other than in the Supreme Court chamber or other access-controlled private office under the supervision of security personnel, by any person not otherwise referenced in this section, provided:
             (a)      The person possessing the concealed pistol holds an enhanced permit issued in accordance with § 23-7-53;
             (b)      At least twenty-four hours prior to initially entering the state capitol with a concealed pistol, the person notifies the superintendent of the Division of Highway Patrol, orally or in writing, that the person intends to possess a concealed pistol in the state capitol;
             (c)      The notification required by this subdivision includes the date on which or the range of dates during which the person intends to possess a concealed pistol in the state capitol, provided the range of dates may not exceed thirty consecutive days; and
             (d)      The notification required by the subdivision may be renewed, as necessary and without limit; and
             (6)      The lawful carrying of a firearm or other dangerous weapon in a county courthouse incident to a hunter safety or a gun safety course or for any other lawful purposes.

Source: SL 1993, ch 173, § 3; SL 2019, ch 106, § 3.


     22-14-25.   Power of court to punish for contempt and to promulgate rules. 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 its proceedings, or upon any grounds pertinent to such building.

Source: SL 1993, ch 173, § 4; SL 2005, ch 120, § 263; SL 2019, ch 106, § 4.


     22-14-26.   Notice to be posted at county courthouse and state capitol. 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.


     22-14-27.   Concealed pistol permit not a defense. 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.


     22-14-28.   Waiver of provisions. 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.

Source: SL 1993, ch 173, § 7; SL 2005, ch 120, § 265; SL 2019, ch 106, § 6.


     22-14-29.   Repealed by SL 2005, ch 120, § 266, eff. July 1, 2006.


     22-14-30.   Transferred to § 22-14-15.1 by SL 2005, ch 120, § 268, eff. July 1, 2006.


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