Any person, other than a law enforcement officer or school sentinel under § 13-64-1, 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. The provisions of this section do not apply to;

(1) Use of a starting gun at an athletic event;

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 13-32-7

  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

(2) Any firearm or air gun at a:

(a) Firing range;

(b) Gun show;

(c) Supervised school or session for training in the use of firearms; or

(d) Ceremonial presence of unloaded weapons at color guard ceremonies;

(3) Any nonpublic school;

(4) Any church or other house of worship; or

(5) Any nonpublic school located on the premises of a church or other house of worship.

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; SL 2018, ch 98, § 1.