South Dakota House Bill HB1222

South Dakota 2023 Regular Session

• Introduced: 2/1/23
• Refer: 2/1/23
• Report Pass: 2/6/23
• Engrossed: 2/8/23
• Refer: 2/9/23
• Report Pass: 2/16/23
• Enrolled: 2/21/23
• Passed: 2/28/23

Caption

Limit the liability of permit and certificate-issuing entities and certified use of force instructors.

Impact

The introduction of HB 1222 modifies existing laws governing liability linked to firearm training and permit issuance. By restricting potential lawsuits against permit issuers and instructors, the legislation aims to create a more secure environment for those involved in educating individuals about the use of firearms and self-defense tactics. This could encourage more individuals to seek training and apply for permits, potentially increasing the number of legally armed individuals in South Dakota.

Summary

House Bill 1222 aims to limit the liability of entities that issue permits and certificates, as well as certified use of force instructors. The primary provision states that authorities issuing concealed carry permits will not be liable for injuries, damages, or wrongful deaths resulting from their issuance of these permits. This includes not holding the Division of Criminal Investigation accountable for any incidents related to the certificate course it provides, thus providing legal protections to both the issuing authorities and instructors involved in use of force training.

Sentiment

The sentiment surrounding the bill appears to be largely positive among its supporters, who argue that reducing liability risks is crucial for encouraging responsible firearm training and ownership. The unanimous support it garnered during the voting process reflects a shared view among legislators on the importance of safeguarding those who facilitate firearms education and permit issuance. Nevertheless, there may be concerns from advocacy groups focused on gun safety and accountability, as they might perceive this bill as promoting an environment where negligence could go unchecked.

Contention

While the bill received overwhelming support, discussions may still arise regarding the balance between limiting liability and ensuring accountability in firearms training. Critics often argue that such protections could lead to reduced standards in safety training and a less thorough vetting process for instructors and permit issuers. It could also potentially impact community safety if it emboldens irresponsible training practices, giving rise to concerns about public safety.