A person is guilty of a Class 1 misdemeanor if the person possesses any fireworks, other than those enumerated in § 34-37-5. If any person possesses any fireworks in violation of § 34-37-5, a warrant may be issued for the seizure of the fireworks. Any fireworks seized under this section shall be safely stored to be used as evidence.

Upon conviction of any person charged under this section, any seized fireworks shall be destroyed. If a person charged under this section is found not guilty, any seized fireworks shall be returned to the person.

Attorney's Note

Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class 1 misdemeanorup to 1 yearup to $2,00
For details, see § 22-6-2

Terms Used In South Dakota Codified Laws 34-37-16

  • Conviction: A judgement of guilt against a criminal defendant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

This chapter does not apply to the transportation of fireworks by regulated carriers.

Source: SL 1964, ch 31, § 12 (3); SL 1977, ch 190, § 108; SL 2019, ch 154, § 20, eff. Mar. 20, 2019.