22-14-6. Possession of controlled weapon--Felony--Exceptions.

130 words·~1 min read·/sd/title-22/chapter-22-14/22-14-6

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Any person who knowingly possesses a controlled weapon is guilty of a Class 6 felony. However, the provisions of this section do not apply to any person who:

(1)Is a law enforcement officer or member of the armed forces of the United States or South Dakota National Guard acting in the lawful discharge of duties;

(2)Has a valid state or federal license issued pursuant to law for such weapon or has registered such weapon with the proper state or federal authority pursuant to law;

(3)Possesses a controlled weapon briefly after having found it or taken it from an offender; or

(4)Possesses a controlled weapon, except a machine gun or short shotgun, under circumstances which negate any purpose or likelihood that the weapon would be used unlawfully.