South Dakota Flag

South Dakota Sword Laws

Share
TL;DR
The short version

South Dakota is one of the most permissive states for swords at the state level. The state repealed its ballistic-knife ban in 2006 (SL 2005, ch. 120, § 258), and repealed its switchblade prohibition all the way back in 1976 (SL 1976, ch. 158, § 14). SDCL § 22-1-2 defines "dangerous weapon" broadly to include knives, but no state statute categorically restricts ownership or carry by knife type. SDCL § 22-14-8 makes it a Class 5 felony to conceal a dangerous weapon with intent to commit a felony. SDCL § 13-32-7 prohibits dangerous weapons on K-12 school premises (Class 1 misdemeanor). SDCL § 22-14-23 prohibits possession in a county courthouse or the state capitol (misdemeanor). The state has no statewide knife preemption, so Sioux Falls (§ 133.001), Aberdeen (§ 34-76), Rapid City (3-inch blade limit), Sturgis, and Deadwood impose additional concealed-carry restrictions on knives.

A katana on a wall in Sioux Falls, a longsword in a Rapid City study, a fantasy claymore in a Pierre apartment. South Dakota's framework is among the cleanest in the country at the state level. There are no restricted knife categories, no blade-length caps, and no general concealed-carry restriction outside of criminal-intent contexts. The state was an early reformer on switchblades, repealing the categorical ban back in 1976, and finished the job by repealing the ballistic-knife ban in 2006. The state framework treats sword collection, transport, and carry as ordinary activities. The complication is local: South Dakota has no statewide knife preemption, so municipalities have stepped in with their own ordinances.

South Dakota sword laws live in Title 22, Chapter 14, and Title 13 of the South Dakota Codified Laws. The central provisions are SDCL § 22-1-2 (definition of "dangerous weapon"), § 22-14-8 (concealment of weapon with intent to commit felony, Class 5 felony), § 22-14-19 (former ballistic knife ban, repealed 2006), § 22-14-23 (possession in county courthouse or state capitol, misdemeanor), § 13-32-7 (firearm or dangerous weapon on public elementary or secondary school premises, Class 1 misdemeanor), and § 23-7-7 (concealed pistol permit framework, which does not apply to knives). This guide walks through what current South Dakota sword laws say.

What do South Dakota sword laws actually say?

SDCL § 22-1-2 defines "dangerous weapon" to include "any firearm, stun gun, knife, or device, instrument, material, or substance which is calculated or designed to inflict death or serious bodily injury." Knives fall within the definition by category. However, falling within the "dangerous weapon" definition does not by itself create a carry restriction. The principal state-level offense for non-firearm dangerous weapons is SDCL § 22-14-8, which provides: "Any person who conceals on or about his person a controlled or dangerous weapon with intent to commit a felony is guilty of a Class 5 felony." Penalty is up to 5 years in prison and a fine of up to $10,000.

The "with intent to commit a felony" language is the key. Concealed carry of a knife without felonious intent is not an offense under § 22-14-8. South Dakota sword laws operate on a conduct-based framework rather than a design-based framework. SDCL § 22-14-23 makes it a misdemeanor to possess a firearm or dangerous weapon in a county courthouse or the state capitol. SDCL § 13-32-7 makes it a Class 1 misdemeanor to possess a dangerous weapon on K-12 public school premises. These location-based restrictions apply categorically without regard to intent.

1976

The year South Dakota repealed its switchblade prohibition (SL 1976, ch. 158, § 14). South Dakota was the first state in the country to repeal its 1950s-era switchblade ban. The state followed with the 2006 repeal of its ballistic-knife ban (SL 2005, ch. 120, § 258). South Dakota sword laws now contain no categorical bans on any knife type by design or mechanism.

Is it legal to own a sword in South Dakota?

Yes. South Dakota sword laws impose no restriction on the ownership of swords or any other knife category. Katanas, longswords, sabers, machetes, rapiers, kukris, claymores, sword canes, and fantasy replicas can all be purchased and kept in a private residence without a permit, registration, or background check. There is no blade-length cap for ownership, no inventory limit, and no list of generally prohibited sword types at the state level under South Dakota sword laws.

Switchblades, automatic knives, butterfly knives, gravity knives, dirks, daggers, stilettos, bowie knives, sword canes, throwing stars, ballistic knives, and double-edged blades are all legal to own. South Dakota repealed its switchblade ban in 1976, making it the first state to do so. The ballistic-knife ban was repealed in 2006. For ordinary sword collectors, ownership is fully unrestricted under the current framework. The state framework is among the most permissive in the country for adult collectors.

Does § 22-14-8 apply to traditional swords?

Only when carried concealed with intent to commit a felony. SDCL § 22-14-8 is the central state-level restriction on concealed carry of dangerous weapons, and it requires felonious intent. A sword collector transporting a katana in a vehicle, a martial arts practitioner carrying a longsword to a dojo, or a costume enthusiast taking a saber to a renaissance fair are not engaged in concealed carry "with intent to commit a felony." The statute is conduct-based and intent-based, not design-based.

The practical effect is that ordinary concealed carry of any sword in South Dakota is legal at the state level. There is no general concealed-carry restriction equivalent to the rules in most other states. Open carry is also unrestricted. The state framework treats the collector and the assailant differently based on conduct and intent. South Dakota sword laws focus enforcement on criminal misuse rather than categorical carry restrictions, which places the state firmly in the permissive tier nationally.

South Dakota was the first state to repeal its switchblade ban. The 1976 reform set a tone that the state has largely maintained for nearly 50 years.

What about schools and other restricted locations?

SDCL § 13-32-7 makes it a Class 1 misdemeanor to possess a firearm or dangerous weapon on K-12 public school premises, in a school vehicle, or in a school-owned building used for school purposes. The statute applies regardless of intent. Penalty is up to 1 year in jail and a $2,000 fine. SDCL § 22-14-23 makes it a misdemeanor to possess a firearm or dangerous weapon in a county courthouse or the state capitol. Other restricted locations include:

  • K-12 public school premises (SDCL § 13-32-7, Class 1 misdemeanor)
  • County courthouses and state capitol (SDCL § 22-14-23)
  • Federal buildings (governed by federal law)
  • Secure areas of airports past TSA screening
  • Aircraft regardless of carrier
  • Detention facilities and jails
  • Sioux Falls Ordinance § 133.001 (concealed carry of dagger, bowie knife, dirk knife)
  • Aberdeen Ordinance § 34-76 (concealed dangerous weapons)
  • Rapid City Ordinance 9.28.030 (3-inch concealed blade limit)
  • Sturgis Ordinance 13.04.02 (concealed weapons)
  • Deadwood (restricts unconcealed carry on public transportation)
  • Private property where the owner has banned weapons
Scenario Legal Under South Dakota Sword Laws? Statute
Sword on display at home Yes No restriction
Open carry of any sword Yes No state restriction
Concealed sword carry without criminal intent Yes SDCL § 22-14-8
Concealed sword with intent to commit felony Class 5 felony SDCL § 22-14-8
Sword on K-12 school property Class 1 misdemeanor SDCL § 13-32-7
Sword in county courthouse or capitol Misdemeanor SDCL § 22-14-23

How should collectors transport swords across South Dakota?

Transport under South Dakota sword laws is simple at the state level. A sword in a hard case in the trunk, a katana in original packaging, a sheathed longsword in the back seat, a blade openly carried on a back-mounted scabbard, or a concealed sword inside a coat are all lawful at the state level absent felonious intent. The state framework imposes no general carry restrictions on knives or swords.

The two practical adjustments for collectors are the school and courthouse rules under SDCL § 13-32-7 and § 22-14-23 and the patchwork of municipal ordinances. South Dakota has no statewide knife preemption. Sioux Falls (§ 133.001) prohibits concealed carry of daggers, bowie knives, and dirk knives. Rapid City (9.28.030) prohibits concealed carry of any knife with a blade exceeding 3 inches. Aberdeen, Sturgis, and Deadwood each maintain their own ordinances. For collectors heading to knife shows, dojos, hunting trips, or interstate travel, South Dakota sword laws give substantial latitude at the state level, but South Dakota sword laws also require attention to the local ordinances in the major municipalities.

The bottom line on owning and carrying swords in South Dakota

South Dakota sword laws sit in the permissive tier of the national spectrum. Ownership is unrestricted. Open carry is unrestricted. Concealed carry is unrestricted absent felonious intent. The state explicitly reformed its switchblade framework in 1976 and its ballistic-knife framework in 2006. The principal state-level location restrictions are SDCL § 13-32-7 (K-12 schools) and § 22-14-23 (county courthouses and state capitol). The state's lack of knife preemption is the practical complication.

For anyone building a sword collection in South Dakota, the practical takeaway is to display at home, carry openly or concealed as preferred at the state level, stay clear of K-12 school property and the state capitol entirely, and verify municipal ordinances in Sioux Falls, Rapid City, Aberdeen, Sturgis, and Deadwood before in-city transport. The state framework treats adult collectors with substantial trust and reserves enforcement for criminal-intent and location-specific contexts. Local rules are the principal residual concern.

Frequently Asked Questions

Are swords legal to own in South Dakota?

Yes. South Dakota sword laws impose no restriction on the ownership of swords or any other knife category. Katanas, longswords, sabers, machetes, daggers, switchblades, sword canes, ballistic knives, and fantasy replicas can all be purchased and kept in a private residence without a permit, registration, or background check. South Dakota repealed its switchblade ban in 1976 (the first state to do so) and its ballistic-knife ban in 2006. There is no statewide categorical ban on any knife type.

Can I carry a sword concealed in South Dakota?

Yes, absent felonious intent. SDCL § 22-14-8 makes it a Class 5 felony to conceal a dangerous weapon "with intent to commit a felony." Concealed carry without criminal intent is not a state-level offense under South Dakota sword laws. There is no permit requirement for concealed knife carry. Municipal ordinances in Sioux Falls, Rapid City, Aberdeen, and Sturgis impose additional concealed-carry restrictions on knives within city limits.

Is open carry of a sword legal in South Dakota?

Yes. Open carry of any sword is fully legal at the state level under South Dakota sword laws. There is no permit requirement, no blade-length cap, and no statewide open-carry offense. The location-specific provisions in SDCL § 13-32-7 (school property) and § 22-14-23 (courthouses and capitol) apply to open and concealed carry alike. Deadwood is the only major municipality that restricts open carry on public transportation.

When did South Dakota repeal its switchblade ban?

1976. South Dakota was the first state in the country to repeal its 1950s-era switchblade prohibition (SL 1976, ch. 158, § 14). The 2006 legislative session repealed the ballistic-knife ban (SL 2005, ch. 120, § 258, effective July 1, 2006). South Dakota sword laws now contain no categorical bans on any knife type by design or mechanism. Adult ownership of automatic knives, butterfly knives, balisongs, OTF knives, and ballistic knives is fully legal.

What is the penalty for carrying a sword on school property?

Class 1 misdemeanor under SDCL § 13-32-7, punishable by up to 1 year in jail and a fine of up to $2,000. The statute applies to K-12 public elementary and secondary school premises, school vehicles, and school-owned buildings used for school purposes. The restriction applies regardless of intent. SDCL § 22-14-23 separately makes it a misdemeanor to possess a dangerous weapon in a county courthouse or the state capitol under South Dakota sword laws.

Do South Dakota cities have stricter sword regulations?

Yes. South Dakota has no statewide knife preemption. Sioux Falls (§ 133.001) prohibits concealed carry of slingshots, brass knuckles, sandbags, daggers, bowie knives, and dirk knives. Rapid City (9.28.030) prohibits concealed carry of any knife with a blade exceeding 3 inches. Aberdeen (§ 34-76) prohibits concealed carry of any dangerous weapon. Sturgis (13.04.02) and Deadwood each maintain additional ordinances. Verify local code before in-city transport.

Build a collection that earns its place on the wall

Sword Slice carries hand-forged katanas, fantasy replicas, and historical blades crafted for collectors who care about the steel as much as the story.

Shop Sword Slice →

Sources

Back to Sword Laws