South Dakota 2023 Regular Session

South Dakota House Bill HB1213

Introduced
2/1/23  

Caption

Require that persons limit access to firearms by minors and to provide a penalty therefor.

Impact

The bill intends to amend existing statutes regarding firearm ownership and minors, thereby reinforcing the legal framework concerning gun safety in the state of South Dakota. Furthermore, it mandates that firearm owners must store their guns using a locked container or a trigger lock. If a minor gains access to a firearm without such precautions and then commits a crime with it, the owner can be held criminally liable, which significantly shifts the onus of safety onto firearm owners.

Summary

House Bill 1213 aims to enhance firearm safety by imposing restrictions on firearm access for minors. The bill introduces specific penalties for firearm owners who give or sell firearms to minors, allowing for the prosecution of owners who knowingly provide access to firearms that minors subsequently use in the commission of a crime. The law would classify such actions as a Class 6 felony, demonstrating a legal recognition of the responsibilities firearm owners have towards keeping their weapons secure from children and adolescents.

Contention

Although the bill seeks to promote responsible firearm ownership, it may provoke debates among various stakeholders. Supporters argue that it is a necessary measure to prevent tragic accidents and promote responsible gun ownership. However, opponents may view the legislation as an infringement on personal freedoms and a potential liability risk. Concerns may also arise regarding the enforcement of such regulations and the definitions of 'knowledge' and 'reasonable precautions' in legal contexts.

Companion Bills

No companion bills found.

Previously Filed As

SD HB1174

Require proper storage of a firearm and to provide a penalty therefor.

SD SB770

In minors, providing for the offense of access to firearms by minors; and imposing penalties.

SD SB457

In minors, providing for the offense of access to firearms by minors; and imposing penalties.

SD HB1053

Require age verification by websites containing material that is harmful to minors, and to provide a penalty therefor.

SD HB1153

Impose a reporting requirement regarding a lost or stolen firearm and to provide a penalty therefor.

SD HB1629

In minors, providing for the offense of access to firearms by minors; and imposing penalties.

SD SB18

Require age verification by websites containing material that is harmful to minors, and to provide a penalty therefor.

SD HB326

Firearms, storage requirements, prohibit access of loaded firearms to a minor child, penalties

SD HB1314

Prohibit the personal possession of a loaded firearm while in possession of cannabis or cannabis products and to provide a penalty therefor.

SD SB81

Prohibit the use of a firearms code for transactions involving firearms, accessories, components, and ammunition and to provide a civil penalty therefor.

Similar Bills

No similar bills found.