South Dakota Knife Laws in Brief
Knife laws pertain to types of knives, how they are carried, and places to which they can be taken. South Dakota’s knife laws are very permissive, with few limitations on the type of knives that can be purchased or owned, or how (and where) they can be carried. The law prohibits the sale, possession, and use of knives "characterized by a slingshot type mechanism" and knives not distinguishable from a sword by any means of measurement; almost all other knives are legal to possess, sell, and carry. "Knife" is defined for purposes of South Dakota knife laws as
"…any dirk, dagger, switchblade, stiletto, or double-edged scabbarded knife, or a blade hand-weapon of any kind whatever, that can inflict a piercing wound, and which may be banned or limited according to § 22-14-1.1, and includes, but is not limited to, daggers, dirks, stiletto knives, switchblade knives, machetes, scimitars and similar devices and weapons, and any sword, sabre, or other blade weapon of any description tied to, placed in, or being transported, for storage, valid purposes, travel, or otherwise, with any vehicle, with intent to utilize said weapon as a weapon against or to inflict bodily injury against another . " While the law talks about dirks, daggers, switchblades, and stiletto knives, these "types" of knives are not defined in the law. Instead, "dagger," "dirk," "switchblade," and "stiletto" connote what states like California, New Mexico, and Wisconsin have classified as switchblades or daggers—knives that are characterized by a specific type of opening mechanism, or by a specific type of blade. For example, a so-called "double-edged stiletto," which certain states define as "daggers," or knives with a particular type of blade and opening mechanism, are precisely what the law aims to curtail. Bass Pro Shops sells a double-edged stiletto like this one, defined as a double-edged knife with a 7.5" blade. Overall, the knife law is relatively more permissive than similar laws in California, New Mexico, and Wisconsin.
Different Knives and Their Legal Implications
As with many states, South Dakota recognizes primary types of knives for legal purposes. While the state does not dress down these categories, there are general understandings of what constitutes each weapon.
Folding knives are the most common type of knives, as they are versatile yet safe to carry. There are various definitions of folding knives, but generally, the most common version is the pocket knife. Folding knives are legal to carry in South Dakota, with no restrictions by size or blade length.
A less common type of knife is a fixed-blade knife. This handle-based weapon is less flexible than the folder due to its lack of a folding blade. There are two main types of fixed-blade knives:
Because of their versatility and general functionality, fixed-blade knives are completely legal to carry in the state of South Dakota. South Dakota courts have been quick to dismiss cases involving fixed-blade knives. For example, in State v. Schmit, 50 S.D. 450, 210 N.W. 642 (1926), the court held that a knife with a "six-inch double-edged blade was not a knife prohibited by law, and was not, as matter of law, a dangerous or deadly weapon."
A third common type of knife often recognized by South Dakota law comes in the form of the switchblade knife. This weapon can be defined as a sheath knife with a blade that opens automatically by means of a sliding or spring-loaded blade. The South Dakota legislature prohibits the sale of switchblades but does not prohibit the possession of said weapons. Therefore, you can legally own a switchblade knife but cannot buy a replacement knife from a vendor or online store.
Carrying Knives: What You Can and Cannot Do
When carrying a knife, South Dakota laws are less restrictive than for most of the states in the country and allow for concealment of most knives, regardless of blade length, unless otherwise prohibited in certain jurisdictions. Lawful concealed carry license holders may carry large knives openly and concealed in any public place. Permits issued to carry knives are not valid for use in establishments where alcohol is sold if a sign prohibiting the entrance of weapons is posted or might be posted. However, a concealed knife may be carried inside of a bar only if the implicit permission is obtained from the owner or administrator of the premises.
Open carry of a knife is legal for any person aged 18 or older, in any place where this type of carry is not otherwise prohibited. Carrying a pocket knife with a blade length of less than three inches in length is legal for all persons within the state of South Dakota. However, a sword or dagger may be carried openly only by certain specified persons, including law enforcement and military personnel. Switchblades and stiletto knives are prohibited for open carry, but may be carried concealed in any place where such carry is not otherwise prohibited.
Certain city and county municipalities in South Dakota may have local laws that prohibit the open or concealed carrying of knives. In Pennington County, so called dangerous knives, meaning knives that are defined as daggers, dirks, bowies, or stilettos, and also knives with a blade of three inches in length or longer, may not be carried open or concealed even for those individuals who have a South Dakota concealed carry permit.
Knives and Minors
The most important South Dakota knife law that is specific to minors is the law prohibiting school students from having knives on school property or at school-sponsored functions. Under SDCL 13-32-7.1, a student, whether on or off school property or at a school-sponsored function, may not have certain knives "which are prohibited and defined as weapons" not otherwise prohibited by section 13-32-7.1, on their person or in their property. Because this section applies specifically to students, it would apply to any individual under the age of 18 who is enrolled in any public or private school in South Dakota. The definition of weapon is found in SDCL 13-32-7 which states, "weapon means any instrument or device which will, or may readily be converted to, discharging or propelling a dangerous object." SDCL 13-32-7 , S. 1(1). The law defines dangerous object as:
[W]lso is an object or instrument described and defined by the rules and regulations of the South Dakota High School Activities Association to be a dangerous object, instrument, or thing within the meaning of this section. SDCL 13-32-7, S. 1(4). The law further requires the South Dakota High School Activities Association to publish annually a list of dangerous objects, instruments, and things, a violation of which is a Class 1 misdemeanor.
Notably, there is no general prohibition on "one-hand opening knives" for minors. Knife laws relating to ownership, carry, and use of knives are very similar for adults and minors under the age of 18. Given that knife laws for minors are very similar to knife laws for adults, please see, Knives Laws and Adults, for further information on South Dakota knife laws.
Penalties for Knife Law Violations
Violating knife laws in South Dakota comes with the possibility of several legal consequences. These consequences may include fines, imprisonment and the potential loss or suspension of privileges. For example, individuals convicted of felonies may be barred from carrying and/or possessing any type of knives within the state, as well as in other states. Carrying, exhibiting, and/or using a knife in the commission of a crime can also lead to jail time.
With most violations of the knife laws in South Dakota, individuals may be free to go with a simple fine and a slap on the wrist. However, if a knife is used in an assault or robbery, even if this isn’t the primary weapon, the person may be fined and possibly imprisoned. Any time a knife is used in the commission of a violent crime, the perpetrator may receive a harsher punishment. The same is true for someone violating the knife laws while committing another crime.
Concealed carry knives typically require permits in most states. Conceal and carry permits can be revoked and lead to harsher penalties.
Resources and Legal Perspectives
Individuals seeking legal advice or additional information on knife laws in South Dakota can turn to a number of resources. Local law firms with a focus on weapons and self-defense laws can provide personalized advice based on an individual’s unique circumstances. These law firms often have blogs and other resources that can offer insight into legal issues surrounding the use of knives, or any assault-type weapons, for self-defense or otherwise. Law firms that specialize in using non-lethal weapons for self-defense and those that offer services related to criminal law can also be helpful. The state of South Dakota has its own government website , which contains laws related to knife possession and details any nuances related to the state’s self-defense laws. The Knife Rights organization is a non-profit dedicated to the promotion and protection of knife rights of all Americans. The group publishes information related to knife rights across the nation and the laws that govern them. Individuals can check government websites regarding laws and proposed legislation, such as the U.S. Knife Laws site.