South Dakota House Bill HB1213

South Dakota 2023 Regular Session

• Introduced: 2/1/23
• Refer: 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.