Require proper storage of a firearm and to provide a penalty therefor.
Impact
If enacted, HB1174 would introduce penalties for improper firearm storage, classifying violations as misdemeanors which could escalate to civil liability in specific circumstances. Notably, individuals who fail to secure firearms may face a Class 2 misdemeanor for a first offense, and a Class 1 misdemeanor upon subsequent offenses. Additionally, the bill stipulates that owners would be liable for any crimes committed with firearms that were not stored according to the law, potentially including incidents involving minors or prohibited individuals from their households.
Summary
House Bill 1174 aims to establish regulations regarding the proper storage of firearms in South Dakota. This bill mandates that individuals who own or possess firearms must ensure that these weapons are either carried by them, kept within their proximity, stored in a locked safe, or rendered inoperable. Specifically, it prohibits leaving firearms unattended in vehicles unless they meet defined security standards. The intent behind the bill is to enhance community safety by preventing unauthorized access to firearms, particularly by minors or individuals legally barred from possessing guns.
Contention
The bill has sparked discussion regarding its implications on personal liberties and public safety. Proponents argue that proper firearm storage can significantly reduce accidental shootings and prevent unauthorized individuals from accessing guns, with particular emphasis on protecting children. Conversely, opponents raise concerns about the potential overreach of government regulations into personal property rights, questioning whether such mandates may infringe upon the freedoms of responsible gun owners. Retailers are also required to notify firearm purchasers about the storage law, which could create additional burdens for businesses and complicate gun sales.