Overview Of South Dakota State Laws Concerning Air Guns
13-32-7. Possession of firearms on or in elementary or secondary school premises or vehicle as misdemeanor–Exceptions. Any person, other than a law enforcement officer or school sentinel acting pursuant to § 13-64-1, who intentionally carries, has in his possession, stores, keeps, leaves, places, or puts into the possession of another person, any firearm, or air gun, whether or not the firearm or air gun is designed, adapted, used, or intended primarily for imitative or noise making purposes, or any dangerous weapon, on or in any elementary or secondary school premises, vehicle, or building or any premises, vehicle, or building used or leased for elementary or secondary school functions, whether or not any person is endangered by such actions, is guilty of a Class 1 misdemeanor. This section does not apply to starting guns while in use at athletic events, firearms, or air guns at firing ranges, gun shows, and supervised schools or sessions for training in the use of firearms. This section does not apply to the ceremonial presence of unloaded weapons at color guard ceremonies.
Source: SL 1961, ch 49; SL 1979, ch 120; SL 1982, ch 86, § 145; SL 1990, ch 129; SL 1991, ch 147, § 1; SL 1993, ch 142; SL 2002, ch 90, § 1; SL 2013, ch 93, § 8.
Chapter 13-32 / Supervision of Students and Conduct of School
13-32-7. Possession of firearms on elementary or secondary school premises or vehicle as misdemeanor-Exceptions. Any person, other than a law enforcement officer, who intentionally carries, has in his possession, stores, keeps, leaves, places, or puts into the possession of another person, any firearm, or air gun, whether or not the firearm or air gun is designed, adapted, used, or intended primarily for imitative or noisemaking purposes, or any dangerous weapon, on or in any elementary or secondary school premises, vehicle, or building or any premises, vehicle, or building used or leased for elementary or secondary school functions, whether or not any person is endangered by such actions, is guilty of a Class 1 misdemeanor. This section does not apply to starting guns while in use at athletic events, firearms, or air guns at firing ranges, gun shows, and supervised schools or sessions for training in the use of firearms. This section does not apply to the ceremonial presence of unloaded weapons at color guard ceremonies.
41-8-31. Hunting methods restricted–Violation as misdemeanor. No person may at any time hunt, catch, take, attempt to take, or kill any small game or game animal in any other manner than by shooting the same with a firearm, except:
(1) Game birds and animals may be taken with birds trained in falconry or with bow and arrow;
(1A) Cottontail rabbit, red squirrel, fox squirrel, grey squirrel, and any species defined as a predator/varmint in § 41-1-1 may be taken with an air gun that complies with specifications established by rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26
How old do you need to be to purchase a BB gun, airgun, air rifle or pellet gun in South Dakota?
In South Dakota you must be 18 Years Old to purchase a BB gun, airgun, air rifle or pellet gun.
South Dakota Air Gun Hunting Regulations
South Dakota allows air gun hunting for certain species. These species include:
• Cottontail rabbit
• Predators
• Fox Squirrel
• Gray Squirrel
• Red Squirrel
• Varmints
Air Gun Laws In Local Jurisdictions
In addition to state laws, local jurisdictions may also have their own laws regulating air guns. Below are the laws for local jurisdictions in the state of South Dakota.
ABERDEEN, SOUTH DAKOTA – AIR GUN LAWS AND REGULATIONS
DIVISION 2. WEAPONS Aberdeen, South Dakota Code of Ordinances
Sec. 34-78. Air guns, slingshots.
It shall be unlawful for any person to discharge any air gun or use any slingshot or any device of like character within the limits of the city.
(Code 1980, § 18-12; Code 2003, § 19-78)
41-8-31. Hunting methods restricted–Violation as misdemeanor. No person may at any time hunt, catch, take, attempt to take, or kill any small game or game animal in any other manner than by shooting the same with a firearm, except:
(1) Game birds and animals may be taken with birds trained in falconry or with bow and arrow;
(1A) Cottontail rabbit, red squirrel, fox squirrel, grey squirrel, and any species defined as a predator/varmint in § 41-1-1 may be taken with an air gun that complies with specifications established by rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26
BELLE FOURCHE, SOUTH DAKOTA – AIR GUN LAWS AND REGULATIONS
Chapter 9.92 FIREARMS Belle Fourche, South Dakota Code of Ordinances
9.92.010 Discharge of firearms within the City limits—Exceptions.
It shall be unlawful for any persons to discharge or shoot off any gun, pistol, rifle, air gun, carbon-dioxide gun or any other firearm, or use for any purpose any such device for throwing or forcing through the air missiles or projectiles of any character whatever, within the limits of the City, without prior authority of a duly authorized law enforcement officer or without the permission of the Common Council.
This section shall not apply to any duly authorized shooting gallery in the city, or to any law enforcement officer while engaged in the lawful conduct of their duties, or to any citizen discharging a firearm when lawfully defending his person or property. (SDCL 22-1-2(15); 22-14-7) (PC 9.0116) (Ord. 6-1991)
9.92.020 Penalty.
Any persons found guilty of violating any of the sections of this chapter shall, upon conviction, be subject to punishment under the general penalty provision of chapter 1.20 of this Code.
(Ord. 6-1991)
BERESFORD, SOUTH DAKOTA – AIR GUN LAWS AND REGULATIONS
No local air gun ordinances listed
BRITTON, SOUTH DAKOTA – AIR GUN LAWS AND REGULATIONS
Chapter 9.16 WEAPONS Britton, South Dakota Code of Ordinances
9.16.010 Discharge of firearms or air rifles.
It is unlawful for any person except a public officer or specially appointed officer in the discharge of his or her duty, to discharge or fire any gun, air rifle, sling shot, or other dangerous weapon within the limits of the city.
(Prior code § 10-1-9)
BROOKINGS, SOUTH DAKOTA – AIR GUN LAWS AND REGULATIONS
ARTICLE V. OFFENSES INVOLVING PUBLIC SAFETY – Brookings, South Dakota – Code of Ordinances
Sec. 58-131. – Discharging weapon and bow and arrow; exceptions.
(a) Prohibited generally. No person shall willfully discharge any type of firearm, air gun, pellet or BB gun, blow gun, dart gun or any other gun or shoot a bow and arrow in the city limits.
(b) Exceptions.
(1) The prohibitions of subsection (a) of this section shall not apply to law enforcement officers in the performance of their duties.
(2) The city animal control officers may use a pneumatic powered pellet pistol or rifle to eliminate birds or wild animals which pose a health or safety threat.
(3) Firearms, air guns, pellet or BB guns, blow guns and dart guns may be used in indoor target ranges where the use thereof does not endanger any person.
(4) Bow and arrow may be used at indoor or outdoor target ranges where the use thereof does not endanger any person.
(5) Special events or demonstrations with prior approval of city manager.
(Code 1996, § 25-41; Ord. No. 26-00, § I, 10-23-2000)
HURON, SOUTH DAKOTA – AIR GUN LAWS AND REGULATIONS
Chapter 9.36 WEAPONS – Huron, South Dakota – Code of Ordinances
9.36.040 – Discharging firearms and weapons.
A. No person shall discharge or shoot off any gun, pistol, air gun, rocket, missile or other firearm or shoot any bow and arrow within the limits of the city. No person shall discharge or shoot off any gun, pistol, air gun, rocket, missile or other firearm or shoot any bow and arrow on city property located outside city limits without the prior approval of the city commission.
B. For land located east of Custer Avenue and south of the railroad right-of-way in Sections 2, 3, and 4, Township 110N, Range 61W (Custer Township), there shall be no discharge of a shot shell shotgun or shooting arrows from a bow outside of city limits that is within six hundred sixty feet of a building within city limits, no discharge of a slug shotgun or muzzleloader outside of city limits that is within one-quarter mile of a building within city limits, and no discharge of a rifle outside of city limits that is within one mile of a building within city limits.
C. For all land adjacent to city limits and not identified in [subsection] B., above:
1. Discharging of shot shells from a shotgun and shooting arrows from a bow shall not be permitted within six hundred sixty feet of city limits;
2. Discharging of shotguns shooting slugs or muzzleloaders shall not be permitted within one-quarter mile of city limits;
3. Discharging of rifles, pistols, air guns, rockets, missiles or any other type of firearm shall not be permitted within one mile of city limits.
D. Section 9.36.040 shall not apply to shooting ranges or archery ranges (1) within city limits, (2) within one mile of city limits, or (3) on city property located outside city limits, provided the city commission has given prior authorization for the shooting range or archery range. Section 9.36.040 shall also not apply to any duly appointed animal control officer or his designee authorized by the governing board to eradicate any wild animal causing injury to trees, shrubs, vegetable gardens, flower gardens or other vegetation.
(Ord. 1816, 1998: Ord. 1780, 1996: Ord. 483 § 8.0630, as amended by Ord. 686, 1958).
(Ord. No. 2064, 9-14-2009)
SISSETON, SOUTH DAKOTA – AIR GUN LAWS AND REGULATIONS
Chapter 9.20 WEAPONS – Sisseton, South Dakota – Code of Ordinances
9.20.010 – Discharge of firearms or air rifles.
It is unlawful for any person except a police officer in the performance of his or her duties or a person exercising his or her right to lawful self-defense, to discharge or fire any gun, air rifle, sling shot, or other dangerous weapon within the city limits of the city.
YANKTON, SOUTH DAKOTA – AIR GUN LAWS AND REGULATIONS
No local air gun ordinances listed.
Disclaimer
These rules and regulations were compiled to the best of my ability. The information on this article should not constitute as legal advice. Always check with your local jurisdiction for the final ruling.