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South Dakota statute

SDCL § 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

Current through text effective June 30, 2026 (through the 2025 Regular Session)

Part of Chapter 14: Unlawful Use Of Weapons, South Dakota Codified Laws.

Criminal charges under this statute

Full text of SDCL § 22-14-15.2

Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.

SDCL § 22-14-15.2Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
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 This section shall be repealed on the date when any federal law restricting the right to possess firearms for misdemeanor domestic violence convictions is repealed.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. Commission Note: This section is repealed under its own terms on the date when any federal law restricting the right to possess firearms for misdemeanor domestic violence convictions is repealed.

Official sources

Legal terms used in this section

Questions this section answers

Is possession of firearm by one convicted of misdemeanor crime involving domestic violence a felony or a misdemeanor in South Dakota?

Possession of firearm by one convicted of misdemeanor crime involving domestic violence is a Class 1 Misdemeanor in South Dakota under SDCL § 22-14-15.2.

Which South Dakota statute covers possession of firearm by one convicted of misdemeanor crime involving domestic violence?

Possession of firearm by one convicted of misdemeanor crime involving domestic violence is governed by SDCL § 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).

This reference is informational and is not legal advice.