Yes, owning a flamethrower is legal in South Dakota, provided compliance with state and local fire safety codes. No explicit statewide ban exists, but use in public spaces or near structures triggers penalties under SDCL 34-7-36. Local ordinances, such as those enforced by the Sioux Falls Fire Department, may impose additional restrictions.
Key Regulations for Owning a Flamethrower in South Dakota
- State Fire Code Compliance: Flamethrowers must adhere to South Dakota’s Fire Code (SDCL 34-7-36), which prohibits use in a manner likely to endanger life or property. Violations may result in misdemeanor charges.
- Local Permitting: Cities like Rapid City and Aberdeen require permits for devices classified as incendiary tools. Applications must include proof of liability insurance and a fire safety plan.
- Federal Restrictions: While state law permits ownership, federal regulations under the ATF’s Implementing Instructions for Incendiary Devices (24 CFR § 16 CFR 1201) may apply if the device exceeds 4 oz of fuel capacity or is modified for automatic discharge.
Recent 2026 legislative proposals in the South Dakota Legislature aim to classify flamethrowers as “dangerous instruments,” potentially requiring background checks for purchasers. Consult the South Dakota Department of Public Safety for updates prior to acquisition.