25.401.12 100th Legislative Session 1080
2025 South Dakota Legislature
House Bill 1080
ENROLLED
AN ACT
ENTITLED An Act to void covenants that prohibit or restrict the possession or use of
firearms and ammunition.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That a NEW SECTION be added to chapter 43-12:
A covenant running with the land may not prohibit, restrict, or have the effect of
prohibiting or restricting:
(1) The lawful possession, storage, or transportation of a firearm, any part of a firearm,
or ammunition; or
(2) The lawful discharge of a firearm.
If a provision in a covenant is found to violate this section, that provision is void
and unenforceable. A provision that is void and unenforceable is severable and any
remaining provisions that can be given effect are not thereby affected. 25.401.12 2 1080
HB1080 ENROLLED
An Act to void covenants that prohibit or restrict the possession or use of firearms and
ammunition.
I certify that the attached Act originated in
the:
House as Bill No. 1080
Chief Clerk
Speaker of the House
Attest:
Chief Clerk
President of the Senate
Attest:
Secretary of the Senate
House Bill No. 1080
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2025 at ____________M.
By
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2025
Governor
STATE OF SOUTH DAKOTA ,
ss.
Office of the Secretary of State
Filed ____________, 2025
at _________ o'clock __M.
Secretary of State
By
Asst. Secretary of State