A Gun And A Drink
SDCL § 22-14-7 — a loaded firearm while intoxicated, a reckless shot, and an unmarked trip device
- Has in personal possession a loaded firearm while intoxicated.
- Recklessly discharges a firearm, or recklessly shoots a bow and arrow.
- Sets a device to fire a weapon when tripped or approached and leaves it unmarked or unattended.
A person who does any of those is guilty of a Class 1 misdemeanor. The section speaks of a loaded firearm in personal possession, not of a firearm locked away elsewhere.
Whether a person was intoxicated is a question of fact for the court. A particular case is a question for a licensed South Dakota attorney.
Sources for this section (1)
- SDCL § 22-14-7 — Reckless discharge of firearm or shooting of bow and arrow; Leaving trip device; Possession of loaded firearm while intoxicated; Misdemeanor
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.