South Dakota gun law - loaded or unloaded??

[BLACKJACK]

When we were out in SoDak last week we were debating what is legal, some guys said it was legal to drive around with a loaded uncased gun, a couple others said you could have it loaded but needed to have no shell in the chamber, one guy said your gun could be uncased but had to be empty.

What is legal in SoDak as far as carrying loaded/unloaded shotguns??

[pureinsanity]

When we were out in SoDak last week we were debating what is legal, some guys said it was legal to drive around with a loaded uncased gun, a couple others said you could have it loaded but needed to have no shell in the chamber, one guy said your gun could be uncased but had to be empty.

What is legal in SoDak as far as carrying loaded/unloaded shotguns??

Search next time before you post, we just had a discussion about this a couple weeks ago... Here is your answer I got from the supervisor of the SD CO's.

"South Dakota laws and regulations do not require shotguns or rifles to be cased while transported in vehicles. In addition, there are no specific laws or regulations dealing with whether or not gun those firearms may be loaded (in either the chamber or the magazine). However, SD Game, Fish and Parks highly recommends that firearms transported in this manner be completely unloaded. SD has recently seen several serious hunting accidents (some of them fatal) that have occurred while loaded firearms were being removed from vehicles."

Legally the magazines can be loaded, and the shotgun or rifle can have a chambered munition. However, I am sure the CO's could still give you a hard time. Its your call on what you want to do. I would prefer not to have a shell chambered just in case something happens like an accident and a shell going off.

[BLACKJACK]

I've never had much luck with the search function on this forum...

Thanks for the answer pureinsanity!! Our general rule is to unchamber the guns but leave shells in the magazine before we get in the vehicle. Just have to remember to put a shell back into the chamber when you get out.

As far as the accidents mentioned, isn't one of the basic rules rules of gun safety 'never point a gun at something you don't intend to shoot'. Or put another way, 'treat every gun like a loaded gun'. If people did that you wouldn't have people getting shot.

[pureinsanity]

I've never had much luck with the search function on this forum...

Thanks for the answer pureinsanity!! Our general rule is to unchamber the guns but leave shells in the magazine before we get in the vehicle. Just have to remember to put a shell back into the chamber when you get out.

As far as the accidents mentioned, isn't one of the basic rules rules of gun safety 'never point a gun at something you don't intend to shoot'. Or put another way, 'treat every gun like a loaded gun'. If people did that you wouldn't have people getting shot.

You get in a car accident and roll your vehicle that loaded shot gun can point anywhere. that's what I was referring to as accidents. Not to mention ricochet..

[paul pachowicz]

yes, we have rather liberal guns laws here. A mention was made about having a wreck. Never heard of a gun goin off in a wreck but, I guess it could happen but gettin in wreck is more likely then a gun goin off. As far as a CO giving you grief about a loaded gun in your vehicle, why? It's legal. If you don't like the law, unload it. I like our laws.

[harvey lee]

Sounds very unsafe to me. Why not simply empty the chamber?

[LightningBG]

Sounds very unsafe to me. Why not simply empty the chamber?

Let Darwin work his magic. More birds for us.

[Ufatz]

Lightning nailed it. More oxygen and other consumables for me.

[BLACKJACK]

You get in a car accident and roll your vehicle that loaded shot gun can point anywhere. that's what I was referring to as accidents. Not to mention ricochet..

If you go back and read my post, I stated that we generally take the shell out of the chamber - pretty hard to get shot, even in a rollover, with a gun that has nothing in the chamber.

[Cheetah]

Seems we read stories fairly often about guns going off in vehicles or other situations where they shouldn't.

Simple gun safety, unload and case the gun in the car, a dumb pheasant isn't worth it if someone gets shot...

[pureinsanity]

A dog stepping on a trigger with the safety on has been known to remove the safety and fire the gun. why couldn't a car crash with stuff flying around knock a safety off and pull a trigger?

I think I am going to email myth busters. see if they can figure out how much force it would take to get a shot gun to shoot with out having to pull a trigger

[LightningBG]

With my shotgun, if the chamber is open and I load a shell into the magazine, it will automatically load that first shell into the chamber and close it.

Now if I had an empty/open chamber and a full magazine, what would it take to load that next shell in? I'm not really sure. Never tried it, but I cant imagine it would be that tough. It already has all the energy it needs to make it happen. Something just needs to release somewhere.

I'll unload. I also have a speed unload, so I dont have to cycle each shell trough the chamber. Just too easy not to do.

[311Hemi]

I say to each their own. If you guys don't like it, you certainly can and should unload and case your guns. Fact is, it's legal. I have no problems driving around the back roads of SD with a couple rounds in the magazine and non in the chamber. On my SX2 that would mean gun emptied, chamber closed, then pushing shells into the mag.

Really, how "un-safe" is it to have rounds in the mag, with nothing chambered.

I would say you have a lot better chance of having a dog set off a gun that is just leaning against a vehicle or fence or falling and having the gun go off, than having a gun automatically chamber a round in the event that you got into a major accident driving down a dirt road in rural SD.

[HNTNBUX]

I have always taken the round out of the chamber when in SD. If I knew it was legal to leave it loaded most times I would leave the round in the chamber. With that said my rifle is partially cases and in the back seat of my crew cab and I am not road hunting. If that does not seem safe to you that is fine that is fine unload your gun put it in a case and lock it in the trunk for all I care. I deal with and carry loaded guns all the time and none of them have magically gone off without my finger on the trigger.

[LightningBG]

I certainly dont have a problem if someone else wants to do it. If its legal, go ahead. I'm not going to do it, and I'm not going to ride in a truck with someone else's loaded gun, but I'll take that up with my own hunting party. If the guy down the road wants to, more power to him.

[311Hemi]

I certainly dont have a problem if someone else wants to do it. If its legal, go ahead. I'm not going to do it, and I'm not going to ride in a truck with someone else's loaded gun, but I'll take that up with my own hunting party. If the guy down the road wants to, more power to him.

Do you consider the gun loaded if there are only shells in the mag, and not chambered?

I could certainly understand on chambered, and I would not feel safe with a round chambered in the truck......no matter who's gun it is.

[pureinsanity]

I don't have anything against anyone doing it either. keep the chamber closed, than add shells to my magazine.

IMO Safety is more important than shooting a bird that is in the road ditch.... Specially with the abundance of birds. It's just not worth it.

[HNTNBUX]

So you guys that don't want any loaded guns in the vehicle, do any of you carry a loaded handgun or keep a loaded gun in your house? If so what is the difference?

[311Hemi]

IMO Safety is more important than shooting a bird that is in the road ditch.... Specially with the abundance of birds. It's just not worth it.

I agree.

[LightningBG]

Do you consider the gun loaded if there are only shells in the mag, and not chambered?

I could certainly understand on chambered, and I would not feel safe with a round chambered in the truck......no matter who's gun it is.

I dont know. luckily I dont have to decide either. We all empty our mags.

As far as the difference vs handguns listed above. The difference I see is:

1. My handgun in a holster isn't bouncing around and there is no trigger access without releasing it and removing it from the holster.

2. My handgun in a lockbox at home isn't bouncing around in a moving object.

Again, I dont care if someone else does it, I just dont want it done around me. We only move through 2-3 fields a day. We can handle unloading fulling.

(and we leave for SD in less than 12 hours, I can barely sit at my desk any longer.)

[Augusta]

Here is an article about the laws on road hunting in SD

http://www.startribune.com/sports/outdoors/blogs/105768568.html?

[GatorBait]

Well, may we let this rest by simply sharing this incident with everyone. Choose as you will, no bird is worth anyone's life. Just use your heads!

What most folks fail to realize is that we had a fatality last year – someone getting into a vehicle with a loaded firearm when that firearm discharged and killed the man’s wife from 3 feet away – from road hunting pheasants.

[Loose]

Well, may we let this rest by simply sharing this incident with everyone. Choose as you will, no bird is worth anyone's life. Just use your heads!

What most folks fail to realize is that we had a fatality last year – someone getting into a vehicle with a loaded firearm when that firearm discharged and killed the man’s wife from 3 feet away – from road hunting pheasants.

Sounds like poor gun handling to me. My pistol stays loaded 24/7 and it has yet to just discharge.

[311Hemi]

and we leave for SD in less than 12 hours, I can barely sit at my desk any longer.

I'm jealous! I am usually out there right now through the weekend, but the new addition to our family is keeping me in MN this year. Looking like good weather for you guys.....have fun!

[pureinsanity]

After waking up to a frosted car today. I realized how much I love the 10oclock shooting times for SD. By the time you get in the field most the frost is gone and you stay dry!

[LightningBG]

I'm jealous! I am usually out there right now through the weekend, but the new addition to our family is keeping me in MN this year. Looking like good weather for you guys.....have fun!

We had a heck of a time out there. We were out there for 3 days. 10 guys. Full limit within about 3-4 hours each day.

Luckily I'm heading back out again Thursday night. Hopefully we fly this time. This past weekend half the group decided to drive while half flew (I drove). The wind was so strong up at altitude, the planes were only traveling at 100 knots ground speed. Brutally slow.