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State Law Summary
Constitution of the State of South Dakota - S.D. Const. Art. VI, § 24
"The right of the people to bear arms shall not be infringed."
Permit Eligibility, Training and Application Process
South Dakota's history of permits to carry a concealed pistol has evolved significantly, particularly in recent years. In 1996, the state established its first concealed carry law, which required individuals to obtain a permit after completing a background check and a safety training course. This marked a foundational shift in the state's approach to firearm ownership. In 2009, South Dakota further advanced gun rights by enacting "Permitless Carry," allowing individuals aged 21 and older to carry concealed firearms without a permit, reflecting the state's commitment to personal freedom. Despite this change, the permit system remains in place for those seeking to carry in other states that recognize South Dakota permits.
South Dakota Regular Permit
- Duration: Five years from the date of issuance (SDCL 23-7-8.2)
- Requirements: (SDCL 23-7-7.1)
- Is eighteen years-of age or older;
- Has never pled guilty or nolo contendere or been convicted of a felony or a crime of violence, as defined in SDCL 22-1-2(9);
- Is not habitually in an intoxicated or drugged condition;
- Has no history of violence;
- Has not been found in the previous ten years to be a "danger to others" or a "danger to self" as defined in SDCL 27A-1-1 or is not currently adjudged mentally incompetent;
- Has physically resided in and is a resident of the county where the application is being made for at least thirty days immediately preceding the date of the application;
- Has no pending charges or previous violations of SDCL Chapters 23-7- Firearms Control, 22-14- Unlawful Use of Weapons, or 22-42 - Controlled Substances and Marijuana, that constitute a felony or misdemeanor in the five years preceding the date of application;
- Is a citizen or legal resident of the United States; and
- Is not a fugitive from justice.
- Completion of background investigation.
Renewal Process: (SDCL 23-7-8.11)
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 90 days before the permit expires. The holder shall pass a background investigation, including a computer check of available online records and the National Instant Criminal Background Check, required under §23-7-7 prior to the renewal of the permit.
South Dakota Enhanced Permit
- Duration: (SDCL 23-7-55) An enhanced permit to carry a concealed pistol is valid for five years and is only valid if carried with a government issued form of identification that includes a picture of the permit holder.
- Requirements: (SDCL 23-7-53)
- Same as Regular Permit (SDCL 23-7-7.1), in addition;
- A copy of the applicant's fingerprints for submission to the FBI, and any governmental agency or entity authorized to receive such information, for a state, national, and international criminal history background check;
- An authorization to run a fingerprint background check;
- Proof the applicant:
- has successfully completed a qualifying handgun course as defined in SDCL 23-7-58 within the preceding twelve months; or
- is a current or former South Dakota law enforcement officer that has, in the preceding twelve months, qualified or requalified on a certified shooting course administered by a firearms instructor approved by the Law Enforcement Officers Standards Commission.
- Qualifying Handgun Course: (SDCL 23-7-58) A qualifying handgun course is any handgun course that is taught by a National Rifle Association certified instructor who also holds a current certificate of completion from the South Dakota Division of Criminal Investigation on the use of force. The qualifying handgun course must include instruction in each of the following:
- South Dakota law relating to firearms and the use of force;
- The basic concepts of the safe and responsible use of handguns;
- Self-defense principles; and
- Live fire training including the firing of at least ninety-eight rounds of ammunition by the student.
- Renewal Process: (SDCL 23-7-56)
- A person who holds an enhanced permit to carry a concealed pistol may renew the permit through the sheriff of the county in which the person resides. The period for renewal begins 365 days before the permit expires and ends thirty days after the permit expires.
- In order to renew an enhanced permit a person shall:
- Pass a criminal background check consisting of a computer check of available online records and a National Instant Criminal Background Check; and
- Present proof that:
- During the period for renewal, as set forth in this section, the person:
- Successfully completed the live fire component of a qualifying handgun course defined in §23-7-58;
- Received instruction regarding the use of force standards; and
- Received instruction regarding relevant criminal statutory changes; or
- The person is a current or former law enforcement officer who, within the twelve-month period preceding the date of the expiration, qualified or requalified on a certified shooting course administered by a firearms instructor approved by the Law Enforcement Officers Standards Commission.
- During the period for renewal, as set forth in this section, the person:
- If a person fails to renew an enhanced permit to carry a concealed pistol during the period set forth in this section, the permit is deemed to be invalid. In order to obtain an enhanced permit thereafter, the person shall submit an application and meet all requirements set forth in §23-7-53.
Restricted Enhanced Permit
- SDCL 23-7-54.2: Age requirement for enhanced permit--Temporary restricted enhanced permit for individuals age eighteen to twenty.
- Notwithstanding any other law, the age requirement for the enhanced permit is for twenty-one years of age or older.
- Any applicant between eighteen to twenty years of age, inclusive, who meets the requirements of §23-7-53 and §23-7-54 and any other specified requirements and qualifications and upon the approval from the sheriff of the county where the applicant submitted the application shall be issued a temporary restricted enhanced permit that clearly designates the restricted enhanced permit is for individuals eighteen to twenty years of age, inclusive.
- SDCL 23-7-54.3: New temporary restricted enhanced permit substituted for permit issued between July 1, 2015 and March 9, 2018. Any individual between eighteen and twenty years of age, inclusive, holding an enhanced concealed carry permit, issued between July 1, 2015, and March 9, 2018, shall be issued a new temporary restricted enhanced permit that designates the permit is for individuals eighteen to twenty years of age, inclusive.
- SDCL 23-7-54.4: Request for unrestricted enhanced permit upon reaching age twenty-one.A person holding an unexpired restricted enhanced permit who has reached the age of twenty-one may submit a written request to the secretary of state for an unrestricted enhanced permit. The unrestricted enhanced permit shall be issued at no additional cost.
South Dakota Gold Card Permit
- Duration: Five years from the date of issuance. (23-7-63)
- Requirements: (SDCL 23-7-60)
- Same as Regular Permit (SDCL 23-7-7.1), in addition to;
- Contact your county sheriff to have your fingerprints taken.
- Renewal process
- A person who holds a gold card permit to carry a concealed pistol may renew the permit through the sheriff of the county in which the person resides. The period for renewal begins 180 days before the permit expires and ends 30 days after the permit expires.
- In order to renew a gold card permit, a person shall pass a criminal background check consisting of a computer check of available online records and a National Instant Criminal Background Check.
South Dakota Permit Application Process
Applications are accepted at the Sheriff’s office of the county the applicant resides in.
The applicant for a permit shall complete the Application for a Temporary Permit to Carry a Concealed Pistol form. The information required for the permit includes: the applicant's complete name, address, occupation, place and date of birth, physical description, a statement that the applicant has never pled guilty or nolo contendere or been convicted of a felony or crime of violence, a sworn statement that the information on the application is true and correct, and the applicant's signature (SDCL 23-7-8).
Providing false information or false evidence of identity in applying for a permit to carry a concealed pistol is a Class 6 felony punishable by up to two years imprisonment in the state penitentiary or a fine of two thousand dollars, or both.
The sheriff will issue a regular temporary permit within five days from the date of application (SDCL 23-7-7.1). Because of the fingerprint background investigation required for an enhanced permit, the issuance of the enhanced temporary permit may take longer.
Within seven days after the regular or enhanced temporary permit has been issued, the sheriff shall send a copy of the application to the Secretary of State's Office, who will issue the official permit. (SDCL 23-7-8).
A permit is valid for 5 years. There are no longer fees for applying nor for renewing.
Permitless Carry Law
The terms “constitutional carry” and “permitless carry” refer to states that have laws allowing individuals to carry a loaded firearm in public without requiring a license or permit.Â
Effective July 1, 2019 anyone who can lawfully own a handgun may carry it concealed without a permit in South Dakota.
The issuance of a permit to carry a concealed pistol under this chapter does not impose a general prohibition on the carrying of a pistol without a permit.Be aware carrying a firearm without a permit can lead to some unanticipated legal complications. For example, you will still be subject to the Federal Gun Free School Zone Act (1,000 ft from any K-12 school).
S.D. Codified Laws § 23-7-7
Reciprocity Agreements
Reciprocity refers to an agreement between states to recognize, or honor, a concealed firearm permit issued by another state.
When you are in another state, you are subject to that state’s laws. Even if a state recognizes your carry permit or allows for permitless carry, the state may have additional restrictions on certain types of firearms, magazines, or ammunition. Take time to learn the law!
State Preemption Laws
State firearm preemption laws are statutes that prevent local governments from enacting or enforcing their own gun regulations that are more restrictive than state law. These laws ensure that firearm regulations remain consistent across the state, preventing a patchwork of different rules in various cities or counties.Â
South Dakota law:
No county may pass an ordinance that restricts or prohibits, or imposes any tax, licensure requirement, or licensure fee on the possession, storage, transportation, purchase, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components. Any ordinance prohibited by this section is null and void. The attorney general shall send a cease and desist order to any county that passes or enforces an ordinance in violation of this section. If the county fails to comply with the order, the attorney general shall bring an action in the name of the state for injunctive relief against any county that has passed an ordinance in violation of this section. A court shall grant any person charged with a violation of an ordinance prohibited under this section reasonable costs, expenses, and attorney's fees. This section does not apply to any generally applicable zoning ordinance, building regulation, or fire code so long as the ordinance, regulation, or code is not used to circumvent the prohibition under this section.
S.D. Codified Laws § 7-18A-36
Purchase/Transfer Laws
When buying or selling a firearm, both federal and state laws must be followed. Under 18 U.S.C. § 922(a)(5), a private party may sell a firearm to a resident of the same state if two conditions are met: (1) the seller and buyer must be residents of the same state, and (2) the seller must not know or have reasonable cause to believe that the buyer is prohibited from receiving or possessing firearms under federal law, as outlined in 18 U.S.C. § 922(g).Â
Additionally, a private seller may loan or rent a firearm to a resident of any state for temporary lawful sporting use, provided they meet the same condition of not knowing or having reason to believe the borrower is prohibited under federal law. Â
In addition to federal law, state laws governing firearm sales must also be followed, as states may impose additional restrictions such as background checks, waiting periods, or bans on specific types of firearms.Â
- You know is under the age of 18
- You know is prohibited from owning a firearm under state/federal law
- Resides in a state other than South Dakota
Firearm Classification and Accessory Restrictions
COMING SOON!
Magazine Capacity Restrictions
Magazine capacity laws are designed to limit the number of rounds a firearm's magazine can hold, typically restricting it to a certain number of cartridges (e.g., 10 rounds or fewer). Some state laws restrict the amount of rounds that may be placed in a magazine at any given time, while others prevent the mere possession of unloaded magazines capable of accepting more than a certain number of rounds. Â
South Dakota has no laws restricting the ammunition capacity of magazines.
Prohibited Areas - Where Firearms Are Prohibited Under State law
Carrying a firearm into a place where firearms are prohibited by state or federal law is a common way for gun owners to find themselves in legal trouble. These places are known as “prohibited areas,” and they can vary greatly from state to state.Â
Below you will find the list of the places where firearms are prohibited under this state’s laws. Keep in mind, in addition to these state prohibited areas, federal law adds additional places where firearms are prohibited. See the federal law section for a list of federal prohibited areas.
- County courthouse (S.D. Codified Laws §22-14-23)
- Elementary or secondary school premises, including school vehicles or buildings (S.D. Codified Laws §13-32-7)
- Licensed on-sale malt beverage or alcoholic beverage establishment that derives over one-half of its total income from the sale of malt or alcoholic beverages. (S.D. Codified Laws §23-7-8.1)
South Dakota Schools Any person who intentionally carries, possesses, stores, keeps, leaves, places, or puts into the possession of another person, any dangerous weapon, firearm, or air gun, whether or not the firearm or air gun is designed, adapted, used, or intended to be used primarily for imitative or noisemaking purposes, on or in any public elementary or secondary school premises, vehicle, or building, or on or in any premises, vehicle, or building used or leased for public elementary or secondary school functions, whether or not any person is endangered by any action under this section, is guilty of a Class 1 misdemeanor.
This section does not apply to an individual who:
- Is twenty-one years of age or older;
- Holds an enhanced permit to carry a concealed pistol, issued in accordance with chapter 23-7; and
- Has written permission from the principal of the school or other person who has general control and supervision of the building or grounds;
S.D. Codified Laws § 13-32-7
Methods of Carry - Open Carry Laws
Open carry and concealed carry refer to two distinct methods of carrying firearms in public. Open carry involves visibly carrying a firearm, typically in a holster, where it is easily seen by others. Concealed carry, on the other hand, involves carrying a firearm in a hidden manner, such as under clothing, so that it is not visible to others. Â
South Dakota is a traditional open carry state, which means there are no laws explicitly prohibiting, or allowing, open carry. As such, open carry is generally legal in South Dakota and no permit is required or available for open carry.
No permit is required to openly carry a handgun in a vehicle so long as any part of the handgun is visible. "It is my opinion that Legislature did not intend to require a license or a permit to carry a handgun in a vehicle if any part of the firearm is capable of being seen. Therefore the criminal sanctions...do not apply unless the handgun is truly "concealed." If the firearm is "concealed" within a motor vehicle and thus completely incapable of being seen! the carrier must either have a license or permit."
Attorney General Larry Long, memo RM. 06.04.04
No Weapons Signs
No weapons" signs are notices posted by businesses or private property owners indicating that firearms or other weapons are not allowed on the premises. The legal impact of these signs varies by state. In some states, these signs have the force of law, meaning that if a person carries a weapon onto the property in violation of the sign, they can face criminal penalties such as fines or arrest. In these states, ignoring a "no weapons" sign can result in legal consequences similar to trespassing. Â
In other states, however, these signs are merely a business's policy, and while a person carrying a weapon might be asked to leave, there are no legal penalties for entering with a weapon unless they refuse to leave when asked, at which point trespassing laws may apply.Â
Controlled Substance/Alcohol Laws
Most, but not all, states have laws in place that regulate possessing firearms while intoxicated, and individual states will define "intoxicated" differently. In addition to state law, federal law also prohibits the possession of a firearm by any person who is “an unlawful user of or addicted to any controlled substance” as defined by the Controlled Substances Act (“CSA”). There are five different schedules of controlled substances regulated by the CSA, scheduled as I–V. The types of drugs that are regulated range from heroin as a Schedule I substance, to Robitussin AC as a Schedule V substance. Even a gun owner that is prescribed a scheduled drug by a physician can be in legal jeopardy if it is proven that the drug was taken in a frequency or manner other than was prescribed. Â
Although legal for medicinal or recreational use in many states, marijuana remains classified as a scheduled controlled substance under the federal Controlled Substances Act (CSA), codified as 21 U.S.C. § 812. On May 16, 2024, the U.S. Department of Justice published a proposed rule change that would reclassify marijuana from schedule I to a schedule III drug. It is anticipated this rescheduling will formally occur in 2024 or 2025. Unlike schedule I drugs, schedule III drugs may be lawfully prescribed by a licensed physician, and thus the possession of these prescribed drugs does not make the possession of a firearm inherently unlawful the way possession of a schedule I substance would. This means that the rescheduling of marijuana to a schedule III drug would finally allow for the lawful use, possession and purchase of firearms by prescription marijuana users. However, if it is determined that the marijuana is possessed without a prescription, is used in a manner that is not prescribed, or that the individual with the prescription is addicted to marijuana, possession of a firearm would still be a federal offense. Federal law states that a person is addicted to a controlled substance when they have “lost the power of self-control with reference to the use of controlled substance; and any person who is a current user of a controlled substance in a manner other than as prescribed by a licensed physician.”  Â
27 C.F.R. § 478.11, 18 U.S.C. §922(g)(3)
S.D. Codified Laws § 22-14-7
Vehicle and Transport Laws
Permit reciprocity and other differences between state regulation of firearms can create a difficult landscape for firearm owners to navigate while transporting firearms interstate. In 1968, and again in 1986, Congress set out to help hunters, travelers, and other firearm owners who were getting arrested for merely transporting firearms through restrictive states. To help simplify the complex web of state firearm laws, Congress passed the 1986 Firearm Owners Protection Act (“FOPA”) as part of Senate Bill 2414. The specific “safe harbor” provision of the law, often referred to as the “McClure-Volkmer Rule,” provides some protection for gun owners transporting firearms through restrictive states, subject to strict requirements. This federal law is covered in more detail in the federal law section of this database. Â
Beyond federal law, the laws of each state will impose additional restrictions, or protections, related to transporting firearms in a vehicle. Â
Storage Requirements
Some states have laws that require gun owners to take specific measures to secure their firearms, especially in households with children. Many of these state laws mandate that guns be stored in locked containers or safes when not in use. These laws often impose penalties for failing to secure firearms, particularly if they are accessed by unauthorized individuals, such as minors.
South Dakota does not have any laws specifically related to how firearms must be stored.
Other Weapons Restrictions
COMING SOON!
Police Encounter Laws
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Some states impose a legal duty upon permit holders that requires them to inform a police officer of the presence of a firearm whenever they have an official encounter, such as a traffic stop. These states are called “duty to inform” states. In these states you are required by law to immediately, and affirmatively, tell a police officer if you have a firearm in your possession.Â
In addition to “duty to inform states,” some states have “quasi duty to inform” laws. These laws generally require that a permit holder have his/her permit in their possession and surrender it upon the request of an officer. The specific requirements of these laws will vary from state to state.Â
The final category of states is classified as “no duty to inform” states. In these states there are no laws that require a gun owner to affirmatively inform an officer if they have a firearm. Additionally, there are also generally no laws that require you to respond or provide a permit if asked about the presence of a firearm.  Â
Red Flag or Emergency Risk Orders
Emergency Risk Orders (or "Red Flag Laws") enable rapid legal action when someone is believed to be at significant risk of harming themselves or others with a firearm. Generally speaking, these controversial laws allow law enforcement to seek a court order to temporarily confiscate firearms from the individual and prevent them from purchasing new ones while the order is in effect. The most robust laws also permit family members and others to file petitions.Â
South Dakota does not have Emergency Risk Orders ("Red Flag Laws).
Use of Force in Defense of Person
The legal use of force, including deadly force, is regulated by state law. There are no federal laws that dictate when you can use force in self-defense in all states. As such, it is essential to become familiar with individual state laws. Â
South Dakota law:
Force in Defense of Person
A person is justified in using or threatening to use force, other than deadly force, against another if the person reasonably believes that using or threatening to use force is necessary to defend against the other's imminent use of unlawful force.
A person who uses or threatens to use force in accordance with this section does not have a duty to retreat before using or threatening to use force.
S.D. Codified Laws § 22-18-4
Deadly Force in Defense of Person
A person is justified in using or threatening to use deadly force if the person reasonably believes that using or threatening to use deadly force is necessary to prevent imminent death or great bodily harm to himself, herself, or another, or to prevent the imminent commission of a forcible felony.
A person who uses or threatens to use deadly force in accordance with this section does not have a duty to retreat and has the right to stand his or her ground, if the person using or threatening to use the deadly force is:
- Not engaged in a criminal activity; and
- In a place where the person has a right to be.
S.D. Codified Laws § 22-18-4.1
Use of Force in Defense of Others
Defense of third party laws allow an individual to use force, including deadly force, to protect another person from harm. These laws generally permit intervention if the third party would have had the right to use force in their own self-defense under the same circumstances. The exact application of these laws will vary by jurisdiction, so it is important to understand the framework of each individual state. Â
S.D. Codified Laws § 22-18-4.1
Use of Force in Defense of Habitation
 The term "castle doctrine" comes from English common law providing that one's abode is a special area in which one enjoys certain protections and immunities, from which one is not obligated to retreat before defending oneself against attack, and in which one may do so without fear of prosecution.  Â
Many states have instituted castle doctrine laws, with varying degrees of formality. Some states have statutorily enacted castle doctrine laws, some have judicially-created protections (called “common laws”), while others have no amplified protections in the home at all.Â
South Dakota law:
A person who is in a dwelling or residence, in which the person has a right to be:
- Has no duty to retreat;
- Has the right to stand his or her ground; and
- Has the right to use or threaten to use:
- Force against another, if the person reasonably believes that using or threatening to use force is necessary to defend himself, herself, or another against the imminent use of unlawful force; and
- Deadly force, if the person reasonably believes that using or threatening to use deadly force is necessary to prevent imminent death or great bodily harm to himself, herself, or another, or to prevent the imminent commission of a forcible felony.
S.D. Codified Laws § 22-18-4.2
South Dakota Reasonable Fear
A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm, to himself, herself, or another, when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm if:
- The person against whom the defensive force was used or threatened:
- Was in the process of unlawfully entering a dwelling, residence, or occupied vehicle;
- Had unlawfully entered, a dwelling, residence, or occupied vehicle; or
- Had removed or was attempting to remove another against the other's will from a dwelling, residence, or occupied vehicle; and
- The person who uses or threatens to use defensive force knew or had reason to believe that an unlawful entry or an unlawful and forcible act was occurring or had occurred.
A person who unlawfully enters or attempts to enter a person's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.
S.D. Codified Laws § 22-18-4.3 and 22-18-4.5
Reasonable Fear Exceptions
The presumption set forth in § 22-18-4.3 does not apply if:
- The person against whom the defensive force is used or threatened:
- Has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, including as an owner, lessee, or titleholder; and
- Is not the subject of a protection order, including a temporary protection order;
- The person sought to be removed is the child, grandchild, or otherwise in the lawful custody or under the lawful guardianship of the person against whom the defensive force is used or threatened;
- The person who uses or threatens to use defensive force is engaged in a criminal activity or is using the dwelling, residence, or occupied vehicle to further a criminal activity; or
- The person against whom the defensive force is used or threatened is a law enforcement officer, who enters or attempts to enter a dwelling, residence, or vehicle in the performance of official duties and:
- The officer identified himself or herself as a law enforcement officer; or
- The person using or threatening to use force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.
S.D. Codified Laws § 22-18-4.4
Use of Force in Defense of Property
Generally speaking, the use of deadly force is limited to circumstances that reasonably present an imminent threat of serious bodily injury or death of a human being. As such, using deadly force in defense of mere personal property is almost categorically prohibited. Although most states will allow the use of some amount of force (i.e. physically restraining someone until the police arrive), the use or threatened use of deadly force in defense of mere property is generally not permitted.
South Dakota Defense of Property
A person is justified in using or threatening to use force, other than deadly force, against another if and to the extent the person reasonably believes that using or threatening to use force is necessary to prevent or terminate another's trespass on, or criminal interference with:
- Real property other than a dwelling;
- Personal property that is lawfully:
- In the person's possession;
- In the possession of a member of the person's immediate family or household; or
- In the possession of one whose property the person has a legal duty to protect.
A person who uses or threatens to use force in accordance with this section does not have a duty to retreat before using or threatening to use such force.
S.D. Codified Laws § 22-18-4.6
South Dakota Forcible Felonies
A person is justified in using or threatening to use deadly force only if the person reasonably believes that the use of deadly force is necessary to prevent the imminent commission of a forcible felony.
A person who uses or threatens to use deadly force in accordance with this section does not have a duty to retreat and has the right to stand his or her ground, if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where the person has a right to be.
S.D. Codified Laws § 22-18-4.7
Self-Defense Immunity
To address the risk that those acting in lawful self-defense might be sued by their attacker, some states have implemented protective measures in the form of civil immunity statutes. These statutes serve to shield victims from certain civil lawsuits. If a state has a civil immunity statute in place, you generally enjoy protection from being sued by your attacker or attacker’s family as long as your use of force is deemed to be criminally justified. This legal framework provides a layer of protection for individuals who, in the course of defending themselves, might otherwise be subjected to additional legal challenges in the form of civil lawsuits.Â
South Dakota law:
A person who uses or threatens to use force, as permitted in §§ 22-18-4 to 22-18-4.7, inclusive, is justified in such conduct and is immune from criminal prosecution and from civil liability for the use or threatened use of such force brought by the person against whom force was used or threatened, or by any personal representative or heir of the person against whom force was used or threatened, unless:
- -
- The person against whom force was used or threatened is a law enforcement officer, who was acting in the performance of official duties; and
- The officer identified himself or herself; or
- The person using or threatening to use force knew or reasonably should have known that the person was a law enforcement officer who was acting in the performance of official duties.
The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by a defendant in the defense of any civil action brought by a plaintiff, if the court finds that the defendant is immune from prosecution in accordance with this section.
In a criminal prosecution, once a prima facie claim of self-defense immunity has been raised by the defendant, the burden of proof, by clear and convincing evidence, is on the party seeking to overcome the immunity from criminal prosecution provided for in this section.
As used in this section, the term, criminal prosecution, includes arresting, detaining in custody, and charging or prosecuting the defendant.
S.D. Codified Laws § 22-18-4.8
Duty to Retreat
A duty to retreat is an obligation to flee that is imposed upon a civilian who is under attack. If applicable, it applies to the victim of unlawful force prior to their ability to use deadly force to defend him or herself. The duty to retreat makes self-defense unavailable to those who use deadly force when they could have retreated from the confrontation safely. The alternative to duty-to-retreat laws is no-duty-to-retreat laws or stand-your-ground laws as they’re commonly called. Stand-your-ground states impose no duty to flee upon victims and instead state that one can stand their ground and meet force with force, under certain situations.Â
South Dakota law:
A person who uses or threatens to use deadly force in accordance with this section does not have a duty to retreat and has the right to stand his or her ground, if the person using or threatening to use the deadly force is:
- Not engaged in a criminal activity; and
- In a place where the person has a right to be.
S.D. Codified Laws § 22-18-4.1
Self-Defense Limitations
Self-Defense Exclusions
Any justification for the use or the threatened use of either force or deadly force is not available to a person who:
- Is attempting to commit, committing, or escaping after the commission of a forcible felony; or
- Initially provokes the use or threatened use of force against himself or herself, unless:
- Such force or threat of force is so great that the person reasonably believes he or she is in imminent danger of death or great bodily harm and that every reasonable means to escape such danger has been exhausted, other than the use or threatened use of force that is likely to cause death or great bodily harm to the assailant; or
- In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use or threatened use of force, but the assailant continues or resumes the use or threatened use of force.
S.D. Codified Laws § 22-18-4.9
Use of Force Considerations
COMING SOON!
Use of Force Against Animals
S.D. Codified Laws § 40-34-1
Special Notes
South Dakota Loaded Firearm Definition
States have varying definitions of a loaded firearm. In South Dakota, the definition is as follows:
Loaded firearm:Â Any functional firearm that contains a cartridge, shell, or projectile in the chamber, including any chamber in the cylinder of a revolver.
S.D. Codified Laws § 22-1-2 (22) (a)
Cases to Watch
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