(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