SD
South Dakota House Bill HB1080

South Dakota 2025 Regular Session

South Dakota House Bill HB1080 Compare Versions

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1-25.401.12 100th Legislative Session 1080
1+25.401.11 100th Legislative Session 1080
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33
44 2025 South Dakota Legislature
55 House Bill 1080
6-ENROLLED
7-
8-AN ACT
9-
10-
11-ENTITLED An Act to void covenants that prohibit or restrict the possession or use of
12-firearms and ammunition.
13-BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
14-Section 1. That a NEW SECTION be added to chapter 43-12:
15-A covenant running with the land may not prohibit, restrict, or have the effect of
16-prohibiting or restricting:
17-(1) The lawful possession, storage, or transportation of a firearm, any part of a firearm,
18-or ammunition; or
19-(2) The lawful discharge of a firearm.
20-If a provision in a covenant is found to violate this section, that provision is void
21-and unenforceable. A provision that is void and unenforceable is severable and any
22-remaining provisions that can be given effect are not thereby affected. 25.401.12 2 1080
23-HB1080 ENROLLED
24-An Act to void covenants that prohibit or restrict the possession or use of firearms and
25-ammunition.
26-
27-
28-
29-
30-I certify that the attached Act originated in
31-the:
32-
33-House as Bill No. 1080
34-
35-
36-
37-Chief Clerk
38-
39-
40-
41-
42-Speaker of the House
43-
44-Attest:
45-
46-
47-
48-
49-Chief Clerk
50-
51-
52-
53-
54-President of the Senate
55-
56-Attest:
6+HOUSE JUDICIARY ENGROSSED
577
588
599
6010
6111
62-Secretary of the Senate
12+Introduced by: Representative Peterson (Drew)
6313
64-
65-
66-House Bill No. 1080
67-File No. ____
68-Chapter No. ______
69-
70-
71-
72-Received at this Executive Office
73-this _____ day of _____________,
74-
75-2025 at ____________M.
76-
77-
78-
79-By
80-for the Governor
81-
82-
83-The attached Act is hereby
84-approved this ________ day of
85-______________, A.D., 2025
86-
87-
88-
89-
90-
91-Governor
92-
93-STATE OF SOUTH DAKOTA ,
94-ss.
95-Office of the Secretary of State
96-
97-
98-Filed ____________, 2025
99- at _________ o'clock __M.
100-
101-
102-
103-
104-
105-Secretary of State
106-
107-
108-
109-By
110-Asst. Secretary of State
111-
112-
14+ Underscores indicate new language.
15+ Overstrikes indicate deleted language.
16+An Act to void covenants that prohibit or restrict the possession or use of firearms 1
17+and ammunition. 2
18+BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
19+Section 1. That a NEW SECTION be added to chapter 43-12: 4
20+A covenant running with the land may not prohibit, restrict, or have the effect of 5
21+prohibiting or restricting: 6
22+(1) The lawful possession, storage, or transportation of a firearm, any part of a firearm, 7
23+or ammunition; or 8
24+(2) The lawful discharge of a firearm. 9
25+If a provision in a covenant is found to violate this section, that provision is void 10
26+and unenforceable. A provision that is void and unenforceable is severable and any 11
27+remaining provisions that can be given effect are not thereby affected. 12