South Dakota
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The South Dakota Repository serves for historical, academic, and cultural materials related to the state of South Dakota. This repository includes research studies, historical documents, and scholarly works that explore South Dakota's development, culture, and contributions to regional and national history.
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Item Open Access 1887 Dakota Terr. Laws 165-66, ch. 58, § 8(General Publisher, 1887)If any person shall kill or shoot any wild duck, goose or brant with any swivel gun, or any kind of gun except such as is commonly shot from the shoulder, or shall use medicated or poisoned food to capture or kill any of the birds named in this act, he shall be deemed guilty of a misdemeanor, and upon conviction shall be fined twenty-five dollars for each offense, and shall stand committed to the county jail for thirty days unless such fine and the costs of prosecution are sooner paid.Item Open Access S.D. Terr. Pen. Code (1877), § 457 as codified in S.D. Rev. Code, Penal Code (1903), §§ 470-471.(General Publisher, 1877)Prohibited the carrying, “whether concealed or not,” of any slungshot, and prohibited the concealed carrying of any firearms or sharp or dangerous weapons.Item Open Access 1880 Dakota Terr. Rev. Codes 798, Penal Code, ch. 39, § 495(General Publisher, 1877)Every person who willfully discharges any species of firearms, air-gun or other weapon, or throws any other missile in any public place, or in any place where there is any person to be endangered thereby, although no injury to any person shall ensue, is guilty of a misdemeanor.Item Open Access 1880 Dakota Terr. Rev. Codes 771, Penal Code, ch. 23, §§ 295-295(General Publisher, 1877)A duel is any combat, with deadly weapons, fought between two persons by previous agreement or upon a previous quarrel. § 295. Punishment for Fighting. Every person guilty of fighting any duel, although no death or wound ensues, is punishable by imprisonment in the territorial prison not exceeding ten years.Item Open Access 1863 Dakota Terr. Gen. Laws 95-96, ch. 15, § 18(General Publisher, 1863)If any person shall go armed with a dirk, dagger, sword, pistol or pistols, or other offensive and dangerous weapon, without reasonable cause to fear an assault or other injury or violence to his person, or to his family or property, he may, on complaint of any other person having reasonable cause to fear an injury or breach of the peace, be required to find sureties for keeping the peace, for a term not exceeding six months, with the right of appealing as before provided.Item Open Access Ordinance no. 61, ch. 15, §§ 1 & 3, THE MADISON DAILY LEADER, Oct. 26, 1892, at 4 (Madison, South Dakota).(General Publisher, 1892)No person, company or corporation shall keep in store any gun or blasting powder, or other like explosive substance, in any house, shop or other place within the city of Madison, except in such place or magazine as shall have been approved by the city council of said city for that purpose; provided, that any person, company or corporation engaged in retailing powder, may keep for purpose of retail only, a quantity of gunpowder not to exceed two hundred pounds at any one time at his or their place of business, provided, further, that all powder so kept for sale, shall be kept in fire proof boxes or canisters, out of doors, remote from fires, lighted lamps, candles or gas jets, and such that can be readily removed in case of fire; and it shall be the duty of chief of police to see that dealers in powder comply with this section…Item Open Access Ordinance no. 61, ch. 16, §§ 1-2, 19, & 28, THE MADISON DAILY LEADER, Oct. 26, 1892, at 4, §§ 1-2, 19, 28 (Madison, South Dakota)(General Publisher, 1892)Any person not an officer of the law in the execution of hit duty, who shall in the city of Madison draw a pistol, revolver, knife or other deadly weapon upon another person shall upon conviction thereof, be fined not less than twenty-five nor more than one hundred dollars.Any person who shall in the city of Madison carry concealed about his person any firearm, slungshot, sheath or dirk knife, brass knuckles or any other weapon, which when used is likely to produce death or great bodily harm, shall upon conviction thereof be fined in a sum not exceeding one hundred dollars…Any person who shall in the city of Madison discharge or shoot off any gun, pistol or other firearm, or discharge within the fire limits any firecrackers, rockets or other piece of fireworks, shall upon conviction thereof be fined in any sum not exceeding fifty dollars…Item Open Access 1935 S.D. Sess. Laws 355, ch. 208, § 8(General Publisher, 1935)No person shall deliver a pistol to any person under the age of eighteen or to one who he has reasonable cause to believe has been convicted of a crime of violence, or is a drug addict, an habitual drunkard, or of unsound mind."Item Open Access 1933 S.D. Sess. Laws 245-47, ch. 206, §§ 1-8(General Publisher, 1933)Prohibited possession of a machine gun during a violent crime. Punishable by imprisonment up to 15 years. Prohibited using a machine gun offensively or aggressively; punishable by imprisonment up to 15 years. Requires manufacturers to keep a register of machine guns and for owners to converted their machine guns to pistols to register the weapon.Item Open Access 1913 S.D. Sess. Laws 292, ch. 209, § 1.(General Publisher, 1913)No person, firm, or corporation shall sell any dynamite or other high explosive, except ordinary gun powder in the state of South Dakota, to any person unknown to the seller, unless introduced by some person known to the seller, and on every sale the seller shall before delivery, make entry on a book kept for that purpose stating the date of sale, the name and address of the purchaser, the name and quantity of the article sold, the purpose for which it is required and the name of the person, if any, who introduced them. Any person failing to comply with the requirements of this section shall be deemed guilty of a misdemeanor.