25.683.12 100th Legislative Session 1218
2025 South Dakota Legislature
House Bill 1218
SENATE LOCAL GOVERNMENT ENGROSSED
Introduced by: Representative Aylward
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to prohibit counties, municipalities, and townships from imposing firearm 1
restrictions on certain employees, officers, and volunteers . 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That a NEW SECTION be added to chapter 7-18: 4
A board of county commissioners may not, by any method or means, prohibit or 5
restrict an individual who is a county employee, officer, or volunteer, from lawfully 6
possessing any concealed firearm and compatible ammunition, while the individual is 7
within any county building, facility, or vehicle, or while on any real property, owned or 8
leased by the county. This section does not apply to possession of a concealed firearm 9
and compatible ammunition by: 10
(1) An individual who is an inmate; 11
(2) An individual, other than a law enforcement officer, while present in: 12
(a) A county courthouse, as defined in § 22-14-22; or 13
(b) The secure area of any detention facility, a mental health crisis center, or a 14
substance use disorder residential treatment facility; or 15
(3) An individual, other than a law enforcement officer, while using a county vehicle to 16
transport another individual apprehended in accordance with chapter 27A-10. 17
No injury or damage resulting from an individual possessing a concealed firearm 18
may be construed to be an act of the county, and no liability may be imputed to the 19
county. 20
For purposes of this section, any "method or means" includes the adoption of a 21
policy, the issuance of a guidance letter or statement, and any similar directive, whether 22
written or oral. 23
Section 2. That a NEW SECTION be added to chapter 7-18: 24 25.683.12 2 1218
Underscores indicate new language.
Overstrikes indicate deleted language.
Notwithstanding section 1 of this Act or § 7-18A-36, a county may, by any method 1
or means, prohibit or restrict an individual from lawfully carrying a dangerous weapon, as 2
defined in § 22-1-2, within a building or facility at which an event is occurring, provided 3
metal detectors are utilized to screen for any dangerous weapons and armed security 4
personnel are posted at each public entrance. 5
Section 3. That a NEW SECTION be added to chapter 8-4: 6
A board of supervisors may not, by any method or means, prohibit or restrict an 7
individual who is a township employee, officer, or volunteer, from lawfully possessing any 8
concealed firearm and compatible ammunition, while the individual is within any township 9
building, facility, or vehicle, or while on any real property, owned or leased by the 10
township. This section does not apply to possession of a concealed firearm and compatible 11
ammunition by: 12
(1) An individual who is an inmate; 13
(2) An individual, other than a law enforcement officer, while present in: 14
(a) A county courthouse, as defined in § 22-14-22; or 15
(b) The secure area of any detention facility, a mental health crisis center, or a 16
substance use disorder residential treatment facility; or 17
(3) An individual, other than a law enforcement officer, while using a township vehicle 18
to transport another individual apprehended in accordance with chapter 27A-10. 19
No injury or damage resulting from an individual possessing a concealed firearm 20
may be construed to be an act of the township, and no liability may be imputed to the 21
township. 22
For purposes of this section, any "method or means" includes the adoption of a 23
policy, the issuance of a guidance letter or statement, and any similar directive, whether 24
written or oral. 25
Section 4. That a NEW SECTION be added to chapter 8-4: 26
Notwithstanding section 3 of this Act or § 8-5-13, a township may, by any method 27
or means, prohibit or restrict an individual from lawfully carrying a dangerous weapon, as 28
defined in § 22-1-2, within a building or facility at which an event is occurring, provided 29
metal detectors are utilized to screen for any dangerous weapons and armed security 30
personnel are posted at each public entrance. 31
Section 5. That a NEW SECTION be added to chapter 9-14: 32 25.683.12 3 1218
Underscores indicate new language.
Overstrikes indicate deleted language.
The governing body of a municipality may not, by any method or means, prohibit 1
or restrict an individual who is a municipal employee, officer, or volunteer, from lawfully 2
possessing any concealed firearm and compatible ammunition, while the individual is 3
within any municipal building, facility, or vehicle, or while on any real property, owned or 4
leased by the municipality. This section does not apply to possession of a concealed 5
firearm and compatible ammunition by: 6
(1) An individual who is an inmate; 7
(2) An individual, other than a law enforcement officer, while present in: 8
(a) A county courthouse, as defined in § 22-14-22; or 9
(b) The secure area of any detention facility, a mental health crisis center, or a 10
substance use disorder residential treatment facility; or 11
(3) An individual, other than a law enforcement officer, while using a municipal vehicle 12
to transport another individual apprehended in accordance with chapter 27A-10. 13
No injury or damage resulting from an individual possessing a concealed firearm 14
may be construed to be an act of the municipality, and no liability may be imputed to the 15
municipality. 16
For purposes of this section, any "method or means" includes the adoption of a 17
policy, the issuance of a guidance letter or statement, and any similar directive, whether 18
written or oral. 19
Section 6. That a NEW SECTION be added to chapter 9-14: 20
Notwithstanding section 5 of this Act or § 9-19-20, a municipality may, by any 21
method or means, prohibit or restrict an individual from lawfully carrying a dangerous 22
weapon, as defined in § 22-1-2, within a building or facility at which an event is occurring, 23
provided metal detectors are utilized to screen for any dangerous weapons and armed 24
security personnel are posted at each public entrance. 25