25.683.13 100th Legislative Session 1218
2025 South Dakota Legislature
House Bill 1218
SENATE ENGROSSED
Introduced by: Representative Aylward
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to address the imposition of firearm restrictions on certain employees, 1
officers, volunteers, and other individuals. 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 the secure 12
area of any detention facility, a mental health crisis center, or a substance use 13
disorder residential treatment facility; or 14
(3) An individual, other than a law enforcement officer, while using a county vehicle to 15
transport another individual apprehended in accordance with chapter 27A-10. 16
No injury or damage resulting from an individual possessing a concealed firearm 17
may be construed to be an act of the county, and no liability may be imputed to the 18
county. 19
For purposes of this section, any "method or means" includes the adoption of a 20
policy, the issuance of a guidance letter or statement, and any similar directive, whether 21
written or oral. 22
Section 2. That a NEW SECTION be added to chapter 8-4: 23
A board of supervisors may not, by any method or means, prohibit or restrict an 24
individual who is a township employee, officer, or volunteer, from lawfully possessing any 25 25.683.13 2 1218
Underscores indicate new language.
Overstrikes indicate deleted language.
concealed firearm and compatible ammunition, while the individual is within any township 1
building, facility, or vehicle, or while on any real property, owned or leased by the 2
township. This section does not apply to possession of a concealed firearm and compatible 3
ammunition by: 4
(1) An individual who is an inmate; 5
(2) An individual, other than a law enforcement officer, while present in the secure 6
area of any detention facility, a mental health crisis center, or a substance use 7
disorder residential treatment facility; or 8
(3) An individual, other than a law enforcement officer, while using a township vehicle 9
to transport another individual apprehended in accordance with chapter 27A-10. 10
No injury or damage resulting from an individual possessing a concealed firearm 11
may be construed to be an act of the township, and no liability may be imputed to the 12
township. 13
For purposes of this section, any "method or means" includes the adoption of a 14
policy, the issuance of a guidance letter or statement, and any similar directive, whether 15
written or oral. 16
Section 3. That a NEW SECTION be added to chapter 9-14: 17
The governing body of a municipality may not, by any method or means, prohibit 18
or restrict an individual who is a municipal employee, officer, or volunteer, from lawfully 19
possessing any concealed firearm and compatible ammunition, while the individual is 20
within any municipal building, facility, or vehicle, or while on any real property, owned or 21
leased by the municipality. This section does not apply to possession of a concealed 22
firearm and compatible ammunition by: 23
(1) An individual who is an inmate; 24
(2) An individual, other than a law enforcement officer, while present in the secure 25
area of any detention facility, a mental health crisis center, or a substance use 26
disorder residential treatment facility; or 27
(3) An individual, other than a law enforcement officer, while using a municipal vehicle 28
to transport another individual apprehended in accordance with chapter 27A-10. 29
No injury or damage resulting from an individual possessing a concealed firearm 30
may be construed to be an act of the municipality, and no liability may be imputed to the 31
municipality. 32 25.683.13 3 1218
Underscores indicate new language.
Overstrikes indicate deleted language.
For purposes of this section, any "method or means" includes the adoption of a 1
policy, the issuance of a guidance letter or statement, and any similar directive, whether 2
written or oral. 3
Section 4. That a NEW SECTION be added to chapter 9-14: 4
Notwithstanding section 3 of this Act or § 9-19-20, a municipality may, by any 5
method or means, prohibit or restrict an individual from lawfully carrying a dangerous 6
weapon, as defined in § 22-1-2, within a building or facility at which an event is occurring, 7
provided metal detectors are utilized to screen for any dangerous weapons and armed 8
security personnel are posted at each public entrance. 9
Section 5. That § 23-7-70 be REPEALED. 10
A person may not carry a concealed pistol in any licensed on-sale malt beverage 11
or alcoholic beverage establishment that derives over one-half of its total income from the 12
sale of malt or alcoholic beverages. 13