Any person who knowingly possesses a controlled weapon is guilty of a Class 6 felony. The provisions of this section do not apply to any person who:

1. (1) Is a law enforcement officer or member of the armed forces of the United States or South Dakota National Guard acting in the lawful discharge of duties;
2. (2) Has a federal license issued pursuant to law for the weapon or has registered the weapon with the proper federal authority pursuant to law;
3. (3) Possesses a controlled weapon briefly after having found it or taken it from an offender; or
4. (4) Possesses any controlled weapon, other than a machine gun or short shotgun, under circumstances which negate any purpose or likelihood that the weapon would be used unlawfully.

Source: SL 1976, ch 158 , § 14-2; SL 1977, ch 189 , § 27; SL 2005, ch 120 , § 244; SL 2026, ch 96 , § 2.