Can a felon own a gun in South Dakota?

South Dakota automatically restores gun rights for all felons after completion of sentence. For non-violent felonies, restoration occurs immediately upon sentence completion. For violent or other serious felonies, a 15-year waiting period applies after completion of sentence.

How can a felon restore gun rights in South Dakota?

Automatic upon completion of sentence (or after 15-year wait for violent felonies). No petition required.

What is the waiting period for gun rights restoration in South Dakota?

Immediate for non-violent felonies. 15 years after sentence completion for violent felonies.

Are there exceptions to gun rights restoration in South Dakota?

Persons convicted of certain serious violent felonies face the longer 15-year period. Federal prohibition applies independently.

Can a felon own a gun in South Dakota?

Under South Dakota state law, it depends on the type of felony and how much time has passed. Persons convicted of a 'crime of violence' are prohibited for 15 years after completing their sentence. Persons convicted of certain drug felonies are prohibited for 5 years. Many nonviolent, non-drug felonies may not trigger a state-level prohibition at all. All restorations are automatic — no petition required. However, federal law (18 USC 922(g)(1)) prohibits all felons from possessing firearms regardless of state law.

How long does a felon have to wait to own a gun in South Dakota?

For crimes of violence: 15 years after discharge from prison, jail, probation, or parole. For felony drug offenses (not classified as crimes of violence): 5 years after sentence completion. For misdemeanor domestic violence: 1 year from conviction. For nonviolent, non-drug felonies: there may be no state waiting period, as these offenses may not trigger the state-level prohibition under SDCL 22-14-15.

What is a 'crime of violence' under South Dakota law?

Under SDCL 22-1-2(9), a 'crime of violence' is any offense involving the use, attempted use, or threatened use of physical force against another person, or that by its nature involves a substantial risk that physical force may be used. This includes murder, manslaughter, assault, robbery, kidnapping, sexual offenses, arson, and other violent crimes. The definition is broad and should be reviewed carefully against your specific offense.

Do I need to file any paperwork to get my gun rights back?

No. South Dakota's restoration of firearm rights is fully automatic. Once the applicable waiting period expires (15 years for crimes of violence, 5 years for certain drug offenses), your state-level firearm rights are restored without any application, petition, or court appearance. However, you should verify your eligibility and ensure no other disqualifying conditions exist.

Does the federal prohibition still apply after my South Dakota rights are restored?

Yes. The federal prohibition under 18 USC 922(g)(1) applies independently of state law. South Dakota's automatic restoration of civil rights (including voting rights) upon sentence completion may satisfy the federal exception under 18 USC 921(a)(20), but this is not guaranteed. A governor's pardon provides stronger federal protection. Consult a firearms attorney.

Can I hunt in South Dakota after the waiting period?

Under South Dakota state law, yes — once the applicable waiting period expires, your state-level firearm rights are fully restored and you may hunt with a firearm. However, the federal prohibition (18 USC 922(g)(1)) still applies, creating potential legal risk. Hunting with archery or muzzleloading equipment that does not meet the federal definition of a 'firearm' may be a safer alternative.

Is there a new federal process to restore gun rights?

Yes. In March 2025, the DOJ revived the 18 USC 925(c) process, which allows individuals federally prohibited from possessing firearms to petition the Attorney General for relief. This process was defunded since 1992. It may provide a pathway for South Dakota felons to address the federal prohibition independently of state-level restoration. Application details are still being finalized.

Felon Gun Rights in South Dakota

Automatic restoration

It depends on the type of conviction. Many nonviolent felonies do not trigger any state-level firearm prohibition in South Dakota — only 'crimes of violence' and certain drug felonies are restricted under SDCL 22-14-15. For those restricted offenses, firearm rights are automatically restored 15 years after completion of sentence (or 5 years for certain drug offenses). No petition is required. However, federal law (18 USC 922(g)(1)) independently prohibits all felons from possessing firearms. Consult an attorney to determine whether your specific conviction triggers the state-level prohibition.

Last updated: 2026-03-21

Overview

South Dakota provides automatic restoration of firearm rights after completion of sentence, with the timeline depending on the nature of the conviction. For nonviolent felonies that do not qualify as 'crimes of violence,' there is no state-level firearm prohibition under SDCL 22-14-15 (the statute only restricts crimes of violence and certain drug felonies). For crimes of violence and drug trafficking felonies, the prohibition expires automatically 15 years after discharge from prison, jail, probation, or parole. For drug offenses under SDCL 22-42 that are not covered by the crime-of-violence statute, rights are automatically restored 5 years after sentence completion. No petition or application is required for any of these automatic restorations. The federal prohibition under 18 USC 922(g)(1) applies independently to all felons.

Quick Answer

Federal Law — 18 USC 922(g)

Under 18 USC 922(g)(1), all persons convicted of a crime punishable by more than one year of imprisonment are permanently prohibited from possessing firearms or ammunition. South Dakota's automatic restoration of state firearm rights after 15 years (or 5 years for certain drug offenses) may satisfy the federal 'civil rights restored' exception under 18 USC 921(a)(20), since South Dakota also automatically restores voting rights and other civil rights upon completion of sentence. However, this is not guaranteed, and federal courts have not uniformly ruled on whether South Dakota's scheme fully meets the federal standard. A governor's pardon provides the strongest protection. The revived federal 18 USC 925(c) process provides a separate potential pathway for relief.

Can restore gun rights

✓Persons convicted of nonviolent felonies that are not 'crimes of violence' under SDCL 22-14-15 — may not be prohibited under state law in the first place (only federal law applies)
✓Persons convicted of a 'crime of violence' — automatically restored 15 years after discharge from prison, jail, probation, or parole
✓Persons convicted of felony drug offenses under SDCL 22-42 (not covered by the crime-of-violence statute) — automatically restored 5 years after sentence completion
✓Persons convicted of misdemeanor domestic violence — automatically restored 1 year after conviction under SDCL 22-14-15.2
✓Persons who receive a governor's pardon that expressly restores firearm rights — earlier restoration available
✓Persons whose conviction is expunged or overturned on appeal

Cannot restore gun rights

✗Persons within the 15-year waiting period after conviction of a crime of violence — prohibited with no mechanism for early restoration except a pardon
✗Persons within the 5-year waiting period after conviction of a felony drug offense under SDCL 22-42 — prohibited with no early restoration except a pardon
✗Persons currently serving a sentence, on probation, or on parole — prohibited during supervision
✗Persons subject to a domestic violence protective order — prohibited under both state and federal law
✗Persons convicted of misdemeanor domestic violence within the past year — prohibited under state law; permanently prohibited under federal law (18 USC 922(g)(9))
✗Persons subject to federal prohibition under 18 USC 922(g)(1) who have not had civil rights restored in a manner recognized by federal law

Step-by-Step Process

Determine whether your conviction triggers a state firearms prohibition

Under SDCL 22-14-15, only persons convicted of a 'crime of violence' (defined in SDCL 22-1-2(9)) or certain felony drug offenses under SDCL 22-42 are prohibited from possessing firearms. If your felony does not fall into these categories, there may be no state-level prohibition — though federal law still applies. Review the definition of 'crime of violence' carefully, as it is broadly defined to include many offenses against the person.

Complete your sentence and wait for the applicable period

For crimes of violence: wait 15 years after discharge from prison, jail, probation, or parole. For felony drug offenses under SDCL 22-42 (not covered by crime-of-violence statute): wait 5 years after sentence completion. For misdemeanor domestic violence: wait 1 year from the date of conviction. These restorations are fully automatic — no application, petition, or court appearance is required.

Verify your eligibility

Once the waiting period has expired, verify that no other disqualifying conditions exist (such as new convictions, active protective orders, or other legal disabilities). Request your criminal history record from the South Dakota Division of Criminal Investigation to confirm the dates of conviction and sentence completion.

For earlier restoration: Seek a governor's pardon

If you need firearm rights restored before the automatic waiting period expires, the only option is a governor's pardon. Apply through the South Dakota Board of Pardons and Paroles. The pardon must expressly restore firearm rights. The Governor has sole authority to grant pardons. There is no fixed waiting period for pardon applications, but demonstrated rehabilitation is expected.

Address the federal prohibition

Even after state rights are restored, the federal prohibition under 18 USC 922(g)(1) still applies independently. South Dakota's automatic restoration of civil rights (including voting) upon sentence completion may satisfy the federal exception, but this is not guaranteed. A governor's pardon provides stronger protection. The revived federal 18 USC 925(c) process may provide an additional pathway. Consult a firearms attorney.

Waiting Period

15 years after discharge from prison, jail, probation, or parole for crimes of violence under SDCL 22-14-15. 5 years after sentence completion for felony drug offenses under SDCL 22-42 that are not classified as crimes of violence. 1 year from date of conviction for misdemeanor domestic violence under SDCL 22-14-15.2. For nonviolent, non-drug felonies, there may be no state-level waiting period as these may not be prohibited under state law. A governor's pardon has no fixed waiting period.

Key Laws

Law	Year	Description
SDCL 22-14-15 — Possessing Firearm After Conviction of Crime of Violence	1977 (amended through 2024)	Prohibits firearm possession for persons convicted of a 'crime of violence' or specified felony drug offenses. The prohibition does not apply to any person who was last discharged from prison, jail, probation, or parole more than 15 years prior. This is the primary statute governing felon firearm rights in South Dakota.
SDCL 22-1-2(9) — Definition of 'Crime of Violence'	1977 (amended through 2023)	Defines 'crime of violence' broadly as any offense that involves the use, attempted use, or threatened use of physical force against the person of another, or that by its nature involves a substantial risk that physical force may be used. This includes assault, robbery, kidnapping, murder, manslaughter, sex offenses, and other violent crimes.
SDCL 22-14-15.1 — Possessing Firearm After Felony Drug Conviction	1986	Specifically addresses firearm possession for persons convicted of felony drug offenses under SDCL Chapter 22-42 (distribution, manufacturing, and possession with intent). Rights are automatically restored 5 years after completion of all sentence terms.
SDCL 22-14-15.2 — Firearm Prohibition for Domestic Violence Convictions	1998	Prohibits firearm possession for 1 year from the date of conviction for misdemeanor domestic violence offenses. After 1 year, state rights are automatically restored, but the federal prohibition under 18 USC 922(g)(9) applies permanently.
South Dakota Constitution Article VI, Section 24 — Right to Bear Arms	1889	Provides that 'the right of the citizens to bear arms in defense of themselves and the state shall not be denied.' South Dakota courts have upheld the legislature's authority to impose waiting periods for violent offenders.

Edge Cases

I was convicted of a nonviolent felony (like theft or fraud). Am I prohibited from possessing firearms under South Dakota state law?

Possibly not. SDCL 22-14-15 only prohibits firearm possession for persons convicted of a 'crime of violence' (as defined in SDCL 22-1-2(9)) or specified felony drug offenses. If your conviction does not fall into these categories, there is no state-level firearm prohibition. However, the federal prohibition under 18 USC 922(g)(1) still applies to all felons. This creates a situation where you may be legal under state law but in violation of federal law.

Does the 15-year clock start from when I was released from prison or from when I finished probation?

The 15-year period starts from the date you were 'last discharged from prison, jail, probation, or parole' — whichever comes later. If you served prison time followed by probation or parole, the clock starts when you complete the last form of supervision. If you received only probation (no incarceration), the clock starts when probation ends.

I was convicted in another state. Does South Dakota's 15-year rule apply?

Yes. SDCL 22-14-15 applies to persons convicted of a crime of violence 'in this state or elsewhere.' If your out-of-state conviction would qualify as a crime of violence under South Dakota's definition, you are subject to the 15-year prohibition. The same automatic restoration applies after 15 years from discharge.

Can I apply for a concealed carry permit during or after the 15-year waiting period?

South Dakota is a constitutional carry state — most adults can carry concealed without a permit. However, if you are within the 15-year prohibition period, you cannot possess any firearm. After 15 years, your state rights are restored and you may carry under constitutional carry provisions. For an enhanced concealed carry permit, you must pass a background check, and the federal prohibition (if not resolved) may prevent approval.

My felony was a drug offense. Which timeline applies — 5 years or 15 years?

It depends on the specific drug offense. Felony drug distribution and manufacturing offenses that are also classified as 'crimes of violence' under SDCL 22-1-2(9) (such as distribution involving violence) fall under the 15-year rule in SDCL 22-14-15. Other drug felonies under SDCL Chapter 22-42 that are not crimes of violence fall under the 5-year restoration timeline in SDCL 22-14-15.1. Review the specific statute section of your conviction to determine which applies.

Does South Dakota have an expungement process that could restore gun rights sooner?

South Dakota has limited expungement options. Arrest records where no charges were filed or charges were dismissed may be expunged. However, there is no general expungement statute for felony convictions. A governor's pardon is the primary mechanism for early restoration if expungement is not available. The pardoned conviction may then become eligible for additional record relief.

Frequently Asked Questions

Can a felon own a gun in South Dakota?: Under South Dakota state law, it depends on the type of felony and how much time has passed. Persons convicted of a 'crime of violence' are prohibited for 15 years after completing their sentence. Persons convicted of certain drug felonies are prohibited for 5 years. Many nonviolent, non-drug felonies may not trigger a state-level prohibition at all. All restorations are automatic — no petition required. However, federal law (18 USC 922(g)(1)) prohibits all felons from possessing firearms regardless of state law.
How long does a felon have to wait to own a gun in South Dakota?: For crimes of violence: 15 years after discharge from prison, jail, probation, or parole. For felony drug offenses (not classified as crimes of violence): 5 years after sentence completion. For misdemeanor domestic violence: 1 year from conviction. For nonviolent, non-drug felonies: there may be no state waiting period, as these offenses may not trigger the state-level prohibition under SDCL 22-14-15.
What is a 'crime of violence' under South Dakota law?: Under SDCL 22-1-2(9), a 'crime of violence' is any offense involving the use, attempted use, or threatened use of physical force against another person, or that by its nature involves a substantial risk that physical force may be used. This includes murder, manslaughter, assault, robbery, kidnapping, sexual offenses, arson, and other violent crimes. The definition is broad and should be reviewed carefully against your specific offense.
Do I need to file any paperwork to get my gun rights back?: No. South Dakota's restoration of firearm rights is fully automatic. Once the applicable waiting period expires (15 years for crimes of violence, 5 years for certain drug offenses), your state-level firearm rights are restored without any application, petition, or court appearance. However, you should verify your eligibility and ensure no other disqualifying conditions exist.
Can I get my gun rights back sooner through a pardon?: Yes. A governor's pardon can restore firearm rights before the automatic waiting period expires. Apply through the South Dakota Board of Pardons and Paroles. The pardon must expressly restore firearm rights to be effective. There is no fixed waiting period for pardon applications. The Governor has sole authority to grant or deny pardons.
Does the federal prohibition still apply after my South Dakota rights are restored?: Yes. The federal prohibition under 18 USC 922(g)(1) applies independently of state law. South Dakota's automatic restoration of civil rights (including voting rights) upon sentence completion may satisfy the federal exception under 18 USC 921(a)(20), but this is not guaranteed. A governor's pardon provides stronger federal protection. Consult a firearms attorney.
Can I hunt in South Dakota after the waiting period?: Under South Dakota state law, yes — once the applicable waiting period expires, your state-level firearm rights are fully restored and you may hunt with a firearm. However, the federal prohibition (18 USC 922(g)(1)) still applies, creating potential legal risk. Hunting with archery or muzzleloading equipment that does not meet the federal definition of a 'firearm' may be a safer alternative.
Is there a new federal process to restore gun rights?: Yes. In March 2025, the DOJ revived the 18 USC 925(c) process, which allows individuals federally prohibited from possessing firearms to petition the Attorney General for relief. This process was defunded since 1992. It may provide a pathway for South Dakota felons to address the federal prohibition independently of state-level restoration. Application details are still being finalized.

Take Action — Direct Links

South Dakota Secretary of State — Firearm Handbook
Official South Dakota Firearm Handbook with comprehensive information on firearms laws, prohibited persons, and concealed carry permits.
South Dakota Legislature — Codified Law Chapter 22-14 (Firearms)
Full text of South Dakota firearms statutes, including SDCL 22-14-15 (crime of violence prohibition) and related sections.
South Dakota Legislature — SDCL 22-14-15 (Full Text)
Full statutory text of SDCL 22-14-15, the primary statute governing firearm possession by persons convicted of crimes of violence.
CCRC — South Dakota Restoration of Rights & Record Relief
Comprehensive overview from the Collateral Consequences Resource Center covering all restoration pathways in South Dakota.
ATF — State Laws and Published Ordinances, South Dakota
ATF compilation of South Dakota firearms statutes and federal laws applicable in the state.
DOJ — Federal Firearm Rights Restoration (18 USC 925(c))
Information on the revived federal firearms rights restoration process under 18 USC 925(c).