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EspañolIf the abuser has been convicted of a crime, can s/he keep or buy a gun?
Under South Dakota state law, it is illegal for someone to have or buy a gun for a certain amount of time if they were convicted of the following crimes:
- 15 years after being discharged from prison, jail, probation, or parole if s/he was convicted of:
- five years after being discharged from prison, jail, probation, or parole if s/he was convicted of:
- any felony drug crime listed in Chapter 22-42 of South Dakota law, other than the crimes included in #1b above; or
- an equivalent felony in another state;2 or
- one year after the date of conviction if s/he was convicted of a misdemeanor crime involving an act of domestic violence.3
Federal laws, which apply to all states, also restrict a person’s right to have a gun if s/he has been convicted of certain crimes. Go to Federal Gun Laws to get more information.
1 SDCL § 22-14-15
2 SDCL § 22-14-15.1
3 SDCL § 22-14-15.2
How can I find out if the abuser has been convicted of a crime?
Misdemeanor and felony records are open to the public, but they are not always easy to access. If you know the exact courthouse where the abuser may have been convicted, you can go to the courthouse and ask the clerk of court for access to those records.
In addition to the prohibitions under South Dakota laws based on convictions for various crimes, federal law specifically prohibits possession of a firearm if the person is convicted of any felony or of a domestic violence misdemeanor. Criminal records that would make a person ineligible to purchase a firearm under federal law are also kept in the National Instant Criminal Background Check System (NICS). However, no one other than law enforcement officials and licensed firearm sellers are allowed to search the NICS. Your local police department may be willing to search NICS for you if you ask, but they are not required to do so.
To read more about the NICS, please see the question, What will happen if the abuser tries to purchase a gun?
