41:03:01:16.  Restrictions on use of firearms, air guns, crossbows, and bows in the state park system -- Exceptions. Uncased firearms, air guns, crossbows, and bows are prohibited in the state park system with the following exceptions:

    (1)  Uncased firearms, air guns, crossbows, and bows are permitted on designated rifle and archery ranges year-round and may be transported or carried uncased to and from ranges and boat ramps from designated parking areas;

    (2)  A firearm, air gun, crossbow, or bow legally transported in a motor vehicle, trailer camper, or boat, pursuant to state law, is considered cased for purposes of this section;

    (3)  Hunters licensed for the special Custer State Park hunting seasons may have uncased firearms, crossbows, and bows in Custer State Park during the season for which they are licensed;

    (4)  From September first through May thirty-first, uncased firearms, air guns, crossbows and bows are authorized for licensed hunters in all lakeside use areas, Shadehill Recreation Area, that portion of Oahe Downstream Recreation Area west of State Highway 1806, and any portion of a state park or recreation area that is designated open to hunting;

    (5)  From October first through April thirtieth, uncased firearms, air guns, crossbows, and bows are authorized for licensed hunters in the state park system during established hunting seasons with the following restrictions:

        (a)  Uncased firearms, air guns, crossbows, and bows are prohibited year-round in all established campgrounds, designated day-use areas, and at Beaver Creek Nature Area, Lake Herman State Park, Spring Creek Recreation Area, Spirit Mound Historic Prairie, that portion of Bear Butte State Park east of State Highway 79, that portion of Oahe Downstream Recreation Area east of State Highway 1806 except for a hunter who possesses a valid deer license for Unit WRD-58D as described in chapter 41:06:20 or a valid turkey license for Unit PST-58B as described in chapter 41:06:13, and Adams Homestead and Nature Preserve and Good Earth State Park, except for a resident hunter who possesses a valid archery deer license and an access permit, as described in chapter 41:06:22, or except for a resident hunter or a mentored hunter who possesses a valid archery spring turkey license and an access permit, as described in chapter 41:06:13;

        (b)  Only bows and crossbows are permitted in Big Sioux Recreation Area, the Forest Drive Unit of Richmond Lake Recreation Area, Palisades State Park, LaFramboise Island Nature Area, Chief White Crane Recreation Area, Clay County Recreation Area, Revheim Bay Recreation Area, and the mouth of Spearfish Canyon;

        (c)  Only shotguns using shot shells, crossbows, and bows are permitted in West Whitlock Recreation Area, West Pickerel Recreation Area, Mina Recreation Area, Okobojo Recreation Area, Farm Island Recreation Area, Angostura Recreation Area, Cow Creek State Recreation Area, Oakwood Lakes State Park, Newton Hills State Park, Rocky Point Recreation Area, Lake Poinsett Recreation Area, and the portions of North Point State Recreation Area that are situated to the west of 381^st Avenue and north of 297^th Street, west of 382^nd Avenue and north of 297^th Street and west of Prairie Dog Bay; and

        (d)  A person who possesses a valid turkey license for Unit PST-48A, as described in chapter 41:06:13, is permitted to have an uncased shotgun using shotshells, a crossbow, a bow, or a muzzleloading shotgun within the boundary of Sica Hollow State Park from the second Saturday of April through May thirty-first; and

    (6)  A person who is allowed to legally carry a concealed pistol may carry a concealed pistol at any time.

    Source: SL 1975, ch 16, § 1; 2 SDR 10, effective August 7, 1975; 4 SDR 15, effective September 15, 1977; 6 SDR 60, effective December 18, 1979; 8 SDR 85, effective January 18, 1982; 9 SDR 30, effective September 13, 1982; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 12 SDR 125, effective February 6, 1986; 12 SDR 186, effective May 28, 1986; 13 SDR 26, effective September 10, 1986; 13 SDR 192, effective June 22, 1987; 16 SDR 44, effective September 13, 1989; 19 SDR 17, effective August 12, 1992; 20 SDR 150, effective March 23, 1994; 21 SDR 148, effective March 6, 1995; 22 SDR 188, effective July 10, 1996; 25 SDR 21, effective August 27, 1998; 25 SDR 108, effective February 28, 1999; 26 SDR 9, effective August 1, 1999; 27 SDR 49, effective November 16, 2000; 27 SDR 85, effective February 26, 2001; 28 SDR 48, effective October 10, 2001; 28 SDR 129, effective March 18, 2002; 29 SDR 160, effective June 3, 2003; 30 SDR 99, effective December 22, 2003; 31 SDR 62, effective November 4, 2004; 31 SDR 213, effective July 4, 2005; 32 SDR 183, effective May 9, 2006; 32 SDR 225, effective July 3, 2006; 33 SDR 180, effective May 7, 2007; 34 SDR 199, effective January 28, 2008; 34 SDR 332, effective July 7, 2008; 35 SDR 306, effective July 2, 2009; 36 SDR 112, effective January 11, 2010; 39 SDR 10, effective August 1, 2012; 39 SDR 120, effective January 9, 2013; 40 SDR 121, effective January 6, 2014; 41 SDR 34, effective September 2, 2014; 41 SDR 173, effective May 11, 2015; 44 SDR 151, effective April 30, 2018; 45 SDR 89, effective December 31, 2018; 46 SDR 11, effective July 29, 2019; 46 SDR 74, effective December 2, 2019; 47 SDR 38, effective October 6, 2020; 49 SDR 46, effective November 21, 2022; 49 SDR 89, effective May 1, 2023.

    General Authority: SDCL 41-17-1.1(1)(8).

    Law Implemented: SDCL 41-17-1.1.