Q: Will a plea of disorderly conduct-domestic violence affect my hunting license in SD?

A: I plea to domestic violence in a case with a simple assault allegation that has the "domestic violence" tag will most likely impact your ability to posses a firearm and therefore your hunting license. This would fall under what the ATF calls Misdemeanor Crimes of Domestic Violence Prohibitions. The file you're pleading guilty in has the "domestic violence" tag on it and will likely trigger the Misdemeanor Crimes of Domestic Violence Prohibition even for the lesser charge of Disorderly Conduct.

You could wait a year after the simple assault domestic violence charge is dismissed and apply for an expungement, that should alleviate the Misdemeanor Crimes of Domestic Violence Prohibition, but is not a guarantee.

A: If you accept a plea of disorderly conduct with a domestic violence designation, it may impact more than just your criminal record. In South Dakota, and under federal law, a conviction related to domestic violence—even a misdemeanor—can result in losing your right to possess or purchase firearms. This restriction is based on the federal Lautenberg Amendment, which applies to any offense involving domestic violence, regardless of the plea deal's severity.

Because a hunting license typically involves the legal possession of firearms, a domestic violence-related conviction could block you from legally using a gun for hunting. Even if the charge is labeled as "disorderly conduct," the domestic violence tag can trigger this federal prohibition. This means you might still be able to get a hunting license on paper, but you wouldn’t be allowed to carry or use a firearm, which defeats the purpose for most hunters.

Before agreeing to any plea, you should ask the court or your attorney to clarify whether the conviction will include the domestic violence designation. You have every right to understand how this decision will affect your rights going forward. Taking a plea without fully knowing the consequences can lead to long-term restrictions you didn’t expect.