22-14-24. Possession in a county courthouse or state capitol--Exceptions from penalty.
The provisions of §22-14-23 do not apply to:
(1)The lawful performance of official duties by an officer, agent, or employee of the United States, the state, political subdivision thereof, or a municipality, who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law or who is an officer of the court;
(2)The possession of a firearm or other dangerous weapon by a judge or magistrate;
(3)The possession of a firearm or other dangerous weapon by a federal or state official or by a member of the armed services, if such possession is authorized by law;
(4)The possession of a concealed pistol in the state capitol by a qualified law enforcement officer or a qualified retired law enforcement officer in accordance with the Law Enforcement Officers Safety Act of 2004, 18 U.S.C. §926B-C;
(5)The possession of a concealed pistol anywhere in the state capitol, other than in the Supreme Court chamber or other access-controlled private office under the supervision of security personnel, by any person not otherwise referenced in this section, provided:
(a)The person possessing the concealed pistol holds an enhanced permit issued in accordance with §23-7-53;
(b)At least twenty-four hours prior to initially entering the state capitol with a concealed pistol, the person notifies the superintendent of the Division of Highway Patrol, orally or in writing, that the person intends to possess a concealed pistol in the state capitol; and
(c)The notification required under this subdivision:
(i)Includes the date on which or the range of dates during which the person intends to possess a concealed pistol in the state capitol, provided the range of dates may not extend beyond December thirty-first of each year; and
(ii)May be renewed, as necessary and without limit;
(6)The possession of a firearm or other dangerous weapon in a county courthouse by any person who is employed by the county or the state and assigned to work in the county courthouse, provided the person is not an inmate, and other than in any area in use under the supervision of the Unified Judicial System or employees of the Unified Judicial System; and
(7)The lawful carrying of a firearm or other dangerous weapon in a county courthouse incident to a hunter safety or a gun safety course or for any other lawful purposes.
Source: SL 1993, ch 173, § 3; SL 2019, ch 106, § 3; SL 2020, ch 80, § 1; SL 2020, ch 81, § 1.
Structure South Dakota Codified Laws
Chapter 14 - Unlawful Use Of Weapons
Section 22-14-5 - Possession of firearm with altered serial number--Felony--Exception.
Section 22-14-6 - Possession of controlled weapon--Felony--Exceptions.
Section 22-14-8 - Concealment of weapon with intent to commit felony--Felony.
Section 22-14-15.1 - Possession of firearm by one with prior drug conviction--Felony--Exception.
Section 22-14-15.3 - Firearm defined for §§ 22-14-15 and 22-14-15.1.
Section 22-14-16 - Providing firearm to person with known prior violent crime conviction--Felony.
Section 22-14-17 - Firearms incapable of discharge exempt.
Section 22-14-20 - Discharge of firearm at occupied structure or motor vehicle--Felony.
Section 22-14-21 - Discharge of firearm from moving motor vehicle within municipality--Felony.
Section 22-14-22 - County courthouse and state capitol defined.
Section 22-14-23 - Possession in county courthouse or state capitol--Misdemeanor.
Section 22-14-24 - Possession in a county courthouse or state capitol--Exceptions from penalty.
Section 22-14-25 - Power of court to punish for contempt and to promulgate rules.
Section 22-14-26 - Notice to be posted at county courthouse and state capitol.