CHAPTER 133: WEAPONS
Section
   133.001   Carrying concealed weapons
   133.002   Drawing deadly weapons
   133.003   Discharging weapon
   133.004   Missile defined
§ 133.001 CARRYING CONCEALED WEAPONS.
   (a)   (1)   No person shall carry concealed about his or her person any slingshot, brass knuckle, or knuckles of other material, or any sandbag, dagger, Bowie knife, or dirk knife.
      (2)    No person shall carry concealed about his or her person any other dangerous or deadly weapon or any instrument or device which when used is likely to produce death or great bodily harm if such dangerous or deadly weapon, instrument, or device is customarily used as or is intended for probable use as a dangerous weapon.
      (3)    If the person is carrying a weapon other than the type listed in division (a)(1), it is an affirmative defense that the person was engaged in any lawful business, calling, or employment at the time he or she was carrying any weapon or weapons and the circumstances in which such person was placed at the time were such as to justify a prudent person in carrying the weapon or weapons for carrying out his or her employment duties.
      (4)    If the person is carrying a weapon other than the type listed in division (a)(1), it is an affirmative defense if the circumstances in which such person was placed at the time were such to justify a prudent person in carrying the weapon or weapons for the defense of his or her person, property, or family.
   (b)    This section does not apply to the carrying of firearms.
   (c)    This section does not apply to an ordinary pocket knife carried in the closed position. As used in this section, "ordinary pocket knife" means a small knife designed for carrying in a pocket or purse, that has its cutting edge and point entirely enclosed by its handle, and that may not be opened automatically by a throwing, explosive, or spring action.
   (d)    This section does not apply to any person who possesses the concealed weapon in his or her own dwelling house or place of business or on land owned or rented by himself or herself or by a member of his or her household.
   (e)    Any peace officer may wear or carry any such weapons as may be necessary and proper for the discharge of his or her official duties.
(1957 Rev. Ords., § 9.206; 1992 Code, § 26-51) (Ord. 86-12, passed 11-20-2012) Penalty, see § 10.999
Statutory reference:
   Concealment of weapon with intent to commit felony, see SDCL 22-14-8
§ 133.002 DRAWING DEADLY WEAPONS.
   No person, except an officer of the law in the execution of his or her duty, or a person in self-defense, shall draw a pistol, gun, revolver, knife or any other deadly or dangerous weapon so that the weapon may be used against or upon another person.
(1957 Rev. Ords., § 9.205; 1992 Code, § 26-52) Penalty, see § 10.999
§ 133.003 DISCHARGING WEAPON.
   (a)   No person shall discharge any species of firearm, air gun or other weapon, or throw any missile in the city. The following uses are exempt from this section:
      (1)   Proper use of weapons in a licensed shooting gallery;
      (2)   Use by law enforcement or animal control officers in the discharge of their official duties, or to persons who are authorized by the chief of police and have been issued a special access permit by the state department of game, fish and parks for a specific area being hunted;
      (3)   Use by employees of the Sioux Falls Zoological Society on the property of the Great Plains Zoo;
      (4)   Use by employees of the Sioux Falls Zoological Society off the property of the Great Plains Zoo if supervised by law enforcement personnel;
      (5)   Use by persons engaged in instructional courses using air guns, BB guns or bows and arrows if the course has obtained a permit from the police, is conducted by a certified instructor, is covered by adequate liability insurance, and has been approved by the supervising unit if conducted on city property. The police chief may establish conditions for granting a permit to protect the health, safety and well-being of the general public; and
      (6)   Use by persons at field archery courses on city property that conform to target course and safety requirements of the National Field Archery Association.
   (b)   It shall be a defense to a charge of violation of this section that a person was engaged in lawful self defense, as set forth in SDCL 22-5-1, SDCL 22-5-9 and SDCL 22-18-4.
(1957 Rev. Ords., § 9.703; 1992 Code, § 26-53) (Ord. 63-78, passed 6-12-1978; Ord. 78-96, passed 7-15-1996; Ord. 22-03, passed 3-3-2003; Ord. 67-10, passed 8-16-2010) Penalty, see § 10.999
Statutory reference:
   Reckless discharge of firearm, see SDCL 22-14-7
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