SDCL § 34-37-16: Possession of unauthorized fireworks as misdemeanor--Seizure--Destruction.

A person is guilty of a Class 1 misdemeanor if the person possesses any fireworks, other than those enumerated in § 34-37-5. If any person possesses any fireworks in violation of § 34-37-5, a warrant may be issued for the seizure of the fireworks. Any fireworks seized under this section shall be safely stored to be used as evidence.

Upon conviction of any person charged under this section, any seized fireworks shall be destroyed. If a person charged under this section is found not guilty, any seized fireworks shall be returned to the person.

This chapter does not apply to the transportation of fireworks by regulated carriers.