Can a Felon Own a Gun in South Dakota? State and Federal Bans

A felon can own a gun in South Dakota only in narrow circumstances, and almost never without first dealing with federal law. South Dakota restricts firearm possession only for people convicted of violent crimes or certain drug felonies, and those state bans lift after five or fifteen years. Federal law is far broader: it bars anyone convicted of a crime punishable by more than one year in prison from possessing any firearm or ammunition, with no built-in expiration. Satisfying one layer while ignoring the other still leaves you exposed to criminal charges.

Which South Dakota Felonies Trigger the State Ban

South Dakota does not prohibit every felon from having a firearm. The state ban targets two groups: people convicted of a “crime of violence” and people convicted of certain drug felonies.¹

A crime of violence includes murder, manslaughter, rape, aggravated assault, robbery, first-degree burglary, arson, kidnapping, felony sexual contact, and felony child abuse. It also covers any felony where the person used force, carried a dangerous weapon, or used an explosive device.² That catch-all means offenses not named on the list can still qualify if force or a weapon was involved.

The drug felonies covered include distribution, manufacturing, and possession with intent to distribute under specific controlled substance statutes. A separate provision extends the ban to anyone convicted of any felony under South Dakota’s broader drug offense chapter.³

If your felony falls outside both categories, South Dakota state law does not restrict your firearm rights. Think forgery, identity theft, embezzlement. The state is silent. Federal law is not.

When the State Ban Ends

South Dakota does not impose a permanent firearm ban for any category of state conviction. For violent crime convictions and the specific drug felonies under 22-14-15, the prohibition lifts fifteen years after you were last discharged from prison, jail, probation, or parole.¹ The clock starts when every part of your sentence is complete, not from the conviction date. Violate parole and serve additional time, and the fifteen-year clock resets from your new discharge date.

For drug felonies under the broader chapter 22-42 provision, the state ban lifts five years after your last discharge. But if you are also subject to the violent-crime provision in 22-14-15, the longer fifteen-year period controls.³

Clearing the waiting period does not make you free and clear. Federal law runs on its own timetable, which is no timetable at all.

The Federal Ban Applies to Almost Every Felon

Under 18 U.S.C. 922(g)(1), anyone convicted of a crime punishable by more than one year in prison is prohibited from possessing any firearm or ammunition.⁴ Every felony class in South Dakota carries a maximum sentence exceeding one year, so every South Dakota felony conviction triggers the federal prohibition, including the non-violent, non-drug felonies that state law doesn’t touch.⁵

The federal ban reaches further than most people realize. It covers ammunition, so a single round is enough for a federal charge. The federal definition of “firearm” also includes frames, receivers, and silencers, meaning a disassembled gun or just a lower receiver counts.⁶

And there is no automatic federal expiration. A person who waits out South Dakota’s fifteen years and buys a rifle at a dealer will still get a NICS denial, and still be a federally prohibited person if they take possession anyway.

Where State and Federal Rules Conflict

The gap between the two systems traps people who assume consistency. A few scenarios matter most:

Non-violent, non-drug felonies carry no state firearm restriction but still trigger the federal ban. South Dakota law lets you own a gun; federal law prosecutes you for it.
After the state waiting period expires, you can legally possess a firearm under South Dakota law, but without a pardon or federal-level restoration you remain a prohibited person under federal law.
Antique firearms and muzzleloaders flip the usual relationship. Federal law excludes antiques from the definition of “firearm,” so pre-1899 guns and certain muzzleloaders are legal for federal purposes. South Dakota goes the other way: state law explicitly includes antique firearms and muzzleloaders in its definition for purposes of the felon prohibition. A person covered by 22-14-15 or 22-14-15.1 who picks up a black powder rifle legal under federal law can be charged with a state felony.⁷⁸

You need to satisfy both systems at the same time. Clearing one is not enough.

Restoring Gun Rights Through a Gubernatorial Pardon

A gubernatorial pardon is the most reliable route because it can address both the state and federal prohibitions at once. There is no fee to apply.⁹

You can apply any time after one year from the date of your conviction. The application goes to the South Dakota Board of Pardons and Paroles, which holds hearings and recommends to the governor; the governor has the final say.¹⁰ If the Board denies you, you can reapply after one year. Applications tend to fare better when significant time has passed since discharge from supervision.⁹

Before filing, you must notify the state’s attorney who prosecuted your case or that office’s successor.¹¹ Hearings happen in Sioux Falls at the State Penitentiary campus, with phone appearances allowed if you cannot travel.

How a Pardon Affects the Federal Ban

Federal law treats a conviction as not disqualifying if the person has been pardoned or had civil rights restored, unless the pardon or restoration document expressly says the person still cannot possess firearms.⁶ So a South Dakota pardon with no firearms carve-out effectively removes the federal prohibition too. If the pardon document contains language barring firearm possession, the federal disability stays. The wording matters, and getting legal help before the hearing is worth the cost.

Why Expungement Isn’t a Real Option Here

South Dakota’s expungement statutes apply mainly to arrest records: cases that were never charged, were dismissed, or ended in acquittal.¹² Expunging an actual conviction is extremely limited, and even where available, a state expungement does not automatically lift the federal firearms prohibition unless it meets the criteria under 18 U.S.C. 921(a)(20).⁶ For most people the pardon route is more practical.

If You Live With Someone Who Owns Guns

You don’t have to be holding a gun to legally possess it. Prosecutors can charge constructive possession if you know a firearm is in your home and have the ability to access it, even when the gun belongs to a spouse or roommate.

The safest arrangement is to make sure any household firearms are locked in a safe or storage device you cannot open. Being in the same house as a locked gun you cannot access is generally not enough for a constructive possession charge. Knowing the combination, having a key, or sharing an unlocked closet where the gun sits changes that fast. Prosecutors need to show both knowledge and the ability to exercise control, and in a shared household that bar is not high.

Penalties If You Get It Wrong

Violating South Dakota’s felon-in-possession law is a Class 6 felony, punishable by up to two years in prison, a fine of up to $4,000, or both.¹⁵ A new felony conviction also resets any state waiting period you’ve been counting.

Federal consequences are steeper. A felon who possesses a firearm in violation of 18 U.S.C. 922(g) faces up to fifteen years in federal prison. With three or more prior convictions for violent felonies or serious drug offenses, the Armed Career Criminal Act imposes a mandatory minimum of fifteen years, with no parole and no suspended sentence.¹³ Lying on ATF Form 4473 to buy a gun is a separate offense carrying up to ten years.

If You Believe You’re Cleared but Get Denied

If your rights have been restored and you’re wrongly denied during a background check, federal law gives you a path to challenge it. You can submit a Firearm-Related Challenge through the FBI with your NICS Transaction Number and supporting documentation such as certified court records or your pardon.¹⁴ If the FBI doesn’t fix the record, you can file suit in federal court without first exhausting the administrative appeal, and the court can order the record corrected and award attorney’s fees. People repeatedly flagged because of name matches can also apply for the FBI’s Voluntary Appeal File to streamline future checks.

1
South Dakota Legislature. South Dakota Code 22-14-15 – Possession of Firearm by One With Prior Violent Crime Conviction or Certain Drug-Related Conviction
2
South Dakota Legislature. South Dakota Code 22-1-2 – Definitions
3
South Dakota Legislature. South Dakota Code 22-14-15.1 – Possession of Firearm by One With Prior Drug Conviction
4
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
5
South Dakota Legislature. South Dakota Code 22-6-1 – Felony Classes and Penalties
6
Office of the Law Revision Counsel. 18 USC 921 – Definitions
7
Bureau of Alcohol, Tobacco, Firearms and Explosives. Most Frequently Asked Firearms Questions and Answers
8
South Dakota Legislature. South Dakota Code 22-14-15.3 – Definition of Firearm
9
South Dakota Department of Corrections. Frequently Asked Questions – DOC Online Pardon Application
10
South Dakota Legislature. South Dakota Code 24-14-1 – Delegation of Authority by Governor
11
South Dakota Legislature. South Dakota Administrative Rule 17:60:05 – Executive Clemency
12
South Dakota Legislature. South Dakota Codified Laws Title 23A-3 – Criminal Procedure
13
Office of the Law Revision Counsel. 18 USC 924 – Penalties
14
Office of the Law Revision Counsel. 18 USC 925A – Remedy for Erroneous Denial of Firearm