The provisions of § 23-7-44 are not applicable to a minor and a criminal prosecution for possession of a pistol brought after transfer pursuant to chapter 26-11 is not applicable to a minor if the minor had the prior written consent of the minor’s parent or guardian to possess the pistol, and:

(1) The minor was on premises owned or leased by the minor or the minor’s parent, guardian, or immediate family member;

Terms Used In South Dakota Codified Laws 23-7-45

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2

(2) The minor was in the presence of a licensed or accredited gun safety instructor; or

(3) The pistol was being used for farming, ranching, hunting, trapping, target shooting, or gun safety instruction.

Source: SL 1994, ch 172, § 2; SL 2020, ch 93, § 1.