Weapon Charges in South Dakota in SD — Criminal… | CGMIMM
Criminal Defense · SD
Weapon Charges in South Dakota
South Dakota weapons charges range from misdemeanor possession to felony armed-criminal-action. Federal § 922(g) lifetime bars apply on top of state law.
Published May 7, 2026
## Weapon charges in South Dakota
Weapons offenses combine state-specific possession / carry / use rules with strict federal prohibitions on certain classes of people.
## Common weapon charges
**1. Felon in possession.** Federal 18 U.S.C. § 922(g)(1) — convicted felons cannot possess firearms or ammunition. Lifetime ban. State laws often parallel.
**2. Carrying a concealed weapon (CCW) without permit.** Required permit in many states; permitless carry in 28+ states. Permit-state violations are typically misdemeanors first offense, escalating with priors.
**3. Unlawful possession of a firearm.** Possession by:
- Felons
- Domestic violence misdemeanants (Lautenberg, § 922(g)(9))
- Persons subject to qualifying restraining orders (§ 922(g)(8))
- Persons adjudicated mentally defective
- Drug users (including marijuana — federal preemption)
- Illegal aliens
- Dishonorably discharged
- Renounced citizenship
- Fugitives
- Persons under indictment
**4. Possession in prohibited locations:**
- Schools and grounds
- Government buildings
- Courthouses
- Sterile airport areas
- Federal property
- Posted private property
- National parks (limited)
- Military installations
**5. Possession during commission of a crime.** Major sentencing enhancement in nearly every state. Federal § 924(c) adds 5+ years for using firearm during drug trafficking / violence.
**6. Straw purchase.** Buying for a prohibited person — federal felony.
**7. Falsifying ATF Form 4473.** Federal felony.
**8. NFA violations:**
- Unregistered short-barreled rifle (SBR)
- Unregistered short-barreled shotgun (SBS)
- Unregistered suppressor
- Unregistered machine gun
- Possession of full-auto switches / drop-in conversions
**9. Brandishing / displaying.** Pointing at another or displaying menacingly = assault, often elevated.
**10. Concealed carry violation.** Carrying without proper permit in permit-required state.
**11. Illegal modifications:**
- Solvent traps used as suppressors without registration
- Auto-sears / Glock switches
- Bump stocks (federally banned 2019; status uncertain post-litigation)
- Magazine capacity above state limits
- Assault-weapon features prohibited by state
**12. Sale to prohibited person.** Selling to someone you knew or should have known couldn't legally possess.
## Federal vs state prosecution
**Federal jurisdiction** applies for:
- NFA violations
- Felon-in-possession (§ 922(g))
- Crimes affecting interstate commerce
- Use of firearm in drug-trafficking / violence (§ 924(c))
- Operating without FFL
- Smuggling firearms across borders
Federal sentences are typically much harsher — § 922(g) carries up to 10 years; armed-career-criminal status (§ 924(e)) imposes 15-year mandatory minimum for felons with 3 violent / drug priors.
## Constitutional defenses
- **2nd Amendment challenges** — post-Bruen (2022), more challenges succeeding
- **4th Amendment** — illegal stop / search of weapon
- **5th Amendment** — coerced statements
- **6th Amendment** — right to counsel violations
- **"Bruen test"** — historical-tradition analysis of regulation
Many post-Bruen 2nd Amendment challenges target:
- Felon-in-possession (some non-violent felons winning)
- Domestic-violence misdemeanant bans (mixed results)
- Drug-user bans
- Unregistered NFA prosecution
- Specific state restrictions
## Common factual defenses
- **Constructive possession** challenges — wasn't actually mine
- **Knowledge** — didn't know item was prohibited
- **Identification** — wrong person
- **Permit** — actually had valid permit
- **Necessity / self-defense** — temporary possession to defend self
- **Reciprocity** — out-of-state permit valid
## Sentencing enhancements
Weapons crimes commonly trigger:
- **Mandatory minimum sentences** (state and federal)
- **Federal § 924(c)** — 5+ years consecutive for use during drug / violent crime
- **Armed Career Criminal Act (ACCA)** — 15-year minimum for felons with 3 priors
- **State "10-20-life"** statutes (FL, AZ, others) — fixed minimums based on use
- **Three-strikes** enhancements
## Collateral consequences
Weapons convictions add:
- Federal lifetime firearm prohibition (felony convictions)
- State firearm rights revocation
- Voting rights (felony, varies)
- Employment foreclosed (security, military, government)
- Professional licenses (medical, law, teaching, real estate)
- Immigration consequences (deportable for non-citizens)
- Loss of CCW permit if ever held
## Restoration of firearm rights
Possible paths:
- **Federal pardon** (extremely rare)
- **Expungement / set-aside** in some states (varies on whether it restores firearm rights)
- **Reduction to misdemeanor** (varies)
- **Civil rights restoration** (some states automatic; others require petition)
- **State-specific firearm-rights restoration** procedures
- **Successful appeal of underlying conviction**
Federal restoration via petition to ATF was historically possible but UNFUNDED since 1992 — effectively unavailable.
## What you should do
Weapons charges are serious — particularly federal cases. Hire criminal-defense counsel with weapons-charge experience IMMEDIATELY. Don't talk to ATF / police. Don't consent to home / vehicle searches. Don't post about weapons on social media. Most South Dakota criminal-defense attorneys handling weapons cases offer free initial consultations.
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*This guide is general information about South Dakota and federal law as of early 2026 and is not legal advice. Weapons law shifts with court decisions and legislation. Talk to a licensed South Dakota criminal-defense attorney about your specific case.*
This guide is for general information only and does not constitute legal advice. Laws change and outcomes depend on your specific situation — talk to a licensed attorney before acting on anything you read here.