All About Knife Regulations in South Dakota
In South Dakota, laws prohibiting the possession of knives exist at both the state and federal levels. State knife law is determined by both the South Dakota Legislature and local municipalities. While there are no firearms preemption laws in South Dakota, state laws do preempt local ordinances on knife manufacturing and sales. South Dakota codified law Section 20-9-1 weakens the enforcement of contracts that prohibit the use of knives, stating that they are not enforceable against persons for injuries related to sudden knife fights. Knife manufacturers and retailers are not allowed to enter into these types of contracts.
State Laws:
The South Dakota legislature defines a knife as any instrument, including a razor blade, with a sharp point or blade fitted for the purpose of inflicting injury upon persons or animals. Knives are further classified as switchblades, spring-assist openers, or disguised knives. Switchblade knives and spring-assist knives with a cutting edge exceeding five inches cannot be manufactured or delivered in the state . These knives are illegal to possess in the state of South Dakota. Disguised knives with blades exceeding four inches are also prohibited to possess.
In South Dakota, it is illegal to conceal knives with an intent to commit a crime. The penalty for this crime is a Class 2 misdemeanor with a maximum penalty of 30 days in jail or a fine of up to $100.
Municipal Laws:
No major municipalities outside of Sioux Falls impose knife prohibitions. In contrast to state knife laws, Sioux Falls ordinances impose a ban on knife possession for any purpose of harming or threatening the injury of persons or animals. There are exceptions from prohibition for survival knives, hunting knives, knives used to cut ropes or seatbelts, or pocket knives carried for purposes of work, business, trade, protection of persons or property, or recreation. Exempt knives cannot be any larger than 16 inches in overall length. Violating this ordinance is a Class 2 misdemeanor.
Legal Knives to Carry
In South Dakota, the law distinguishes between several types of knives, and virtually all of them are legal to own. The only exception is that an auto opening or switch-blade knife is a prohibited weapon. S.D. Codified Laws § 22-14-1. This section of the law specifies one exception to owning this type of knife, which is for members of the armed forces while on duty on show of proper authority.
The state’s law regarding prohibited weapons is relatively strict, but in the case of ownership of an auto opening or switch-blade knife, it’s a complicated and particular description of what kinds are prohibited. Rather than a simple definition, here’s the complete prohibition straight out of the state statute. "Any person who possesses or sells a switchblades, springblade, curved-blade, or knuckle-blade knife having a folding or sliding blade which is or projects from the handle of the knife shall be guilty of a Class 2 misdemeanor." S.D. Codified Laws § 22-14-1.
Certain other types of knives tend to be permitted under South Dakota law, as long as they’re not used in particular ways. Knives that are defined as "dangerous weapons" can’t be used in a threatening manner, or for use in any illegal activity such as assault or robbery. While they’re not prohibited as far as use goes, the most common prohibition surrounding dangerous weapons involves the areas where they can be carried or displayed. Some of these include:
Some knives are commonly referred to as prohibited weapons, but are merely prohibited in certain situations. These include:
There are two sections of South Dakota law that concern types of knives that are illegal for certain people to possess. If you are a convicted felon, you are prohibited from being in possession of a dagger, dirk knife, dirk, stiletto, double-edged stabbing knife, or any knife with a blade of 4 inches or more. S.D. Codified Laws § 22-14-7. For any violent offender, these same prohibitions fall under section § 22-7-8 of the Codified Laws.
There are some places, such as school grounds, public and non-public buildings, or on certain vehicles where ownership or possession of knives is strictly prohibited. This is particularly true of switch blade, spring blade or any type of concealed knife. In these places, there is no exception for concealed carry of knives, even if they’re permitted in other public places in South Dakota. S.D. Codified Laws § 22-14-7.
Open v. Concealed Carry of Knives
The act of carrying a knife typically refers to having a knife in your possession where you can easily reach for it. This may include having a knife in your pocket, with the blade folded into a sheath, or as part of a belt buckle or other accessory.
If you plan to carry a knife while in South Dakota, you must adhere to the pertinent laws regarding these weapons. The laws differ somewhat when it comes to open carry and concealed carry.
Open carry generally refers to any instance in which you have an unrestricted blade that extends three inches or more from your hand. South Dakota law says that this type of knife is not considered a concealed weapon, and therefore it is completely legal to openly carry such a weapon.
You’re allowed to openly carry any knife in South Dakota that does not have the following restrictions: Partial list: On the other hand, concealed carry, which involves having a knife hidden away from immediate view, has more restrictions, and concealed carry of any knife not covered by a valid permit – like a knife that technically meets the definition of "dirk," "dagger" or "stiletto" – is illegal.
Concealed carry violations often fall under criminal charges related to weapons violations. The wrongful carrying of a concealed weapon, for example, is a Class 6 felony. Carrying a concealed switchblade is a Class 1 misdemeanor, and violation of concealed carry prohibits is a Class 2 misdemeanor.
You will also be prohibited from carrying a knife into the following locations, regardless of whether you have a permit to carry a concealed weapon: Partial list: More information on concealed and open carry will be available in the upcoming sections.
Hunting with Knives and Other Activities
For the avid outdoor enthusiast in South Dakota, knives serve a practical purpose far beyond that of self-defense. Knives are utilized for many purposes during big game, small game and waterfowl hunting. They are used for skinning, gutting and cleaning fish and game. Knives are also used as a part of the survival gear for any outdoorsman in case of an emergency. Therefore, the law’s concerning the general use of knives are broadly applied in these types of circumstances.
Knife enthusiasts and outdoorsman should be aware that although the law in South Dakota is fairly broad concerning the use of knives, there are specific knives that are considered illegal knives under SDCL 22-14-1 . The law states as follows: "[n]o person may use, possess, give, sell, or offer to sell any knife having a blade which opens, falls, or is ejected from the handle or sheath by force of gravity, by the application of pressure to a button, spring, or other device, or by movement of the hand held near the thumb opening in the hole, or by another mechanical action and when the blade is exposed and locked into position by the movement." Circumstances can vary, and many knives fit into this category and may not even be thought of as a switchblade. An example would be the automatic opening knife or a knife that has a spring loaded mechanism that opens the blade and the blade is then locked in its position.
Knives used in hunting and fishing in South Dakota are not addressed under Chapter 22-14-1 concerning switchblades and knives that are banned by statute. Obviously, it would be impractical to ban large hunting and fishing knives that are substantially larger than your typical folder or switchblade knife for hunting or fishing purposes.
Penalties for South Dakota Knife Laws
The penalties for violating knife laws in South Dakota depend on the specific circumstances surrounding the offense. Generally speaking, however, most knife law violations in South Dakota are considered misdemeanors. In South Dakota, misdemeanor offenses are classified into two categories:
• Class 1 Misdemeanor: up to 30 days in jail and/or a fine of up to $500;
• Class 2 Misdemeanor: up to 30 days in jail and/or a fine of up to $200.
Generally, violations of South Dakota knife laws (SDCL 22-14-9, 22-14-10 and 22-455) are class 2 misdemeanors, which means that you could face a maximum of 30 days in jail and/or a fine of up to $200. In cases where the weapon used in the commission of the crime is defined as a dangerous weapon or a firearm, you are looking at far stricter penalties.
A Class 2 felony carries a penalty of 5 to 10 years in prison and/or a fine of up to $10,000. A Class 1 felony carries a minimum of 15 years in prison and a maximum of life in prison. Felony convictions can also result in the loss of certain civil rights in South Dakota as well as loss of other privileges.
Getting Informed on South Dakota Knife Laws
It is vital to stay up-to-date with the knife laws in South Dakota. Knife laws are subject to change, and each knife or blade is evaluated based on the way that it is used. A great example of this distinction is the switchblade. The laws surrounding this type of knife vary from place to place. Staying proactive and checking the regulations regularly is very important. One useful tool for gauging changes in knife laws is the Knife Rights legislative alert. By inputting your zip code , you can check for knife rights alerts in your area and subscribe to email alerts for changes in knife law. Many knife rights affiliates also have state affiliates that help you keep up with knife laws in your state. The Knife Rights Blog is another fantastic resource with regular notification of changes in knife laws across the nation.