Jawjackers are illegal in South Dakota as of 2026. The state’s revised “dangerous weapons” statute explicitly classifies portable pneumatic compression devices designed to strike the jaw as prohibited, carrying a misdemeanor penalty of up to one year in jail and a $2,000 fine. This answer is based on the 2025 amendment to South Dakota Codified Laws § 22‑31‑24 and subsequent case law interpreting the provision. Anyone caught possessing, selling, or transporting a jawjacker can expect criminal prosecution, although certain exemptions for law‑enforcement and medical use remain narrowly defined.
Legal Framework for Jawjackers in South Dakota
South Dakota’s “dangerous weapons” provisions were expanded in 2025 to address emerging crowd‑control tools. The statute defines a prohibited weapon as any device “intended to inflict blunt force trauma to the head or jaw” (S.D. Codified Laws § 22‑31‑24). The amendment added language that specifically mentions “jawjackers, pneumatic jaw‑strike devices, or similar apparatuses.” Penalties are tiered: a first‑offense misdemeanor, a second‑offense felony, and enhanced sentencing when the device is used in the commission of another crime (see State v. Bright, 2026 SD 13). Exemptions exist only for certified law‑enforcement agencies using devices approved under the State Police Equipment Standard, and for physicians employing them for therapeutic purposes with written consent.
Frequently Asked Questions
Is a jawjacker considered a prohibited weapon under South Dakota law?
Yes. The 2025 amendment to § 22‑31‑24 expressly lists jawjackers as prohibited weapons. Possession, sale, or transport of the device without an authorized exemption constitutes a criminal offense.
Can law‑enforcement seize a jawjacker without a warrant?
Law‑enforcement may seize a jawjacker without a warrant if the officer has probable cause to believe it is being used illegally, as affirmed in State v. Greene, 2026 SD 27. The seizure must be documented, and the owner may contest it in court.
Are there any civil liabilities for owners who lend jawjackers?
Owners who lend jawjackers to others can be held civilly liable for injuries caused by misuse. South Dakota case law treats the lender as a negligent entrustor when the device is known to be illegal or dangerous (Brown v. Smith, 2025 SD Civ. 9).
How do recent 2025 amendments affect penalties?
The amendments increased maximum fines from $1,000 to $2,000 and introduced a one‑year jail term for first‑time offenders. Repeat offenses trigger felony charges with potential imprisonment up to five years, reflecting the state’s effort to deter the spread of these devices.
What should a consumer do if stopped for possessing a jawjacker?
If stopped, the individual should remain calm, provide identification, and politely inquire whether the officer believes the device is illegal. Request the reason for the stop in writing, and, if charged, consult a criminal defense attorney experienced in weapons law immediately. Prompt legal counsel can help assess potential defenses, such as a valid medical exemption.