NOTE: This information is not provided as legal advice. Always consult a lawyer and seek legal guidance.
TITLE 22 Crimes
Chapter 22-1 Definitions and General Provisions
22-1-2. Definitions.
Terms used in this title mean:
(10) “Dangerous weapon” or “deadly weapon,” any firearm, stun gun, knife, or device, instrument, material, or substance, whether animate or inanimate, which is calculated or designed to inflict death or serious bodily harm, or by the manner in which it is used is likely to inflict death or serious bodily harm;
22-14-8. Concealment of weapon with intent to commit felony–Felony.
Any person who conceals on or about his or her person a controlled or dangerous weapon with intent to commit a felony is guilty of a Class 5 felony.
Summary:
While a baton or any similar instrument is not explicitly mentioned, South Dakota’s definition of “dangerous weapon” or “deadly weapon” includes any device, instrument, material or substance, whether living or non-living. That may include expandable batons and other similar weapons. Anyone carrying a concealed weapon with an intent of felony shall be guilty of Class 5 felony.
If you would like to know if it is permissible to carry or possess a collapsible or expandable baton in South Dakota – whether openly or in a concealed manner – it is best to consult your lawyer and/or local law enforcement regarding this matter.