South Dakota 2025 Regular Session

South Dakota House Bill HB1218 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25.683.14 100th Legislative Session 1218
	1	+	25.683.13 100th Legislative Session 1218
2	2
3	3
4	4		2025 South Dakota Legislature
5	5		House Bill 1218
6		-	ENROLLED
7		-
8		-	AN ACT
9		-
10		-
11		-	ENTITLED An Act to address the imposition of firearm restrictions on certain
12		-	employees, officers, volunteers, and other individuals .
13		-	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
14		-	Section 1. That a NEW SECTION be added to chapter 7-18:
15		-	A board of county commissioners may not, by any method or means, prohibit or
16		-	restrict an individual who is a county employee, officer, or volunteer, from lawfully
17		-	possessing any concealed firearm and compatible ammunition, while the individual is
18		-	within any county building, facility, or vehicle, or while on any real property, owned or
19		-	leased by the county. This section does not apply to possession of a concealed firearm
20		-	and compatible ammunition by:
21		-	(1) An individual who is an inmate;
22		-	(2) An individual, other than a law enforcement officer, while present in the secure
23		-	area of any detention facility, a mental health crisis center, or a substance use
24		-	disorder residential treatment facility; or
25		-	(3) An individual, other than a law enforcement officer, while using a county vehicle to
26		-	transport another individual apprehended in accordance with chapter 27A-10.
27		-	No injury or damage resulting from an individual possessing a concealed firearm
28		-	may be construed to be an act of the county, and no liability may be imputed to the
29		-	county.
30		-	For purposes of this section, any "method or means" includes the adoption of a
31		-	policy, the issuance of a guidance letter or statement, and any similar directive, whether
32		-	written or oral.
33		-	Section 2. That a NEW SECTION be added to chapter 8-4:
34		-	A board of supervisors may not, by any method or means, prohibit or restrict an
35		-	individual who is a township employee, officer, or volunteer, from lawfully possessing any 25.683.14 2 1218
36		-	HB1218 ENROLLED
37		-	concealed firearm and compatible ammunition, while the individual is within any township
38		-	building, facility, or vehicle, or while on any real property, owned or leased by the
39		-	township. This section does not apply to possession of a concealed firearm and compatible
40		-	ammunition by:
41		-	(1) An individual who is an inmate;
42		-	(2) An individual, other than a law enforcement officer, while present in the secure
43		-	area of any detention facility, a mental health crisis center, or a substance use
44		-	disorder residential treatment facility; or
45		-	(3) An individual, other than a law enforcement officer, while using a township vehicle
46		-	to transport another individual apprehended in accordance with chapter 27A-10.
47		-	No injury or damage resulting from an individual possessing a concealed firearm
48		-	may be construed to be an act of the township, and no liability may be imputed to the
49		-	township.
50		-	For purposes of this section, any "method or means" includes the adoption of a
51		-	policy, the issuance of a guidance letter or statement, and any similar directive, whether
52		-	written or oral.
53		-	Section 3. That a NEW SECTION be added to chapter 9-14:
54		-	The governing body of a municipality may not, by any method or means, prohibit
55		-	or restrict an individual who is a municipal employee, officer, or volunteer, from lawfully
56		-	possessing any concealed firearm and compatible ammunition, while the individual is
57		-	within any municipal building, facility, or vehicle, or while on any real property, owned or
58		-	leased by the municipality. This section does not apply to possession of a concealed
59		-	firearm and compatible ammunition by:
60		-	(1) An individual who is an inmate;
61		-	(2) An individual, other than a law enforcement officer, while present in the secure
62		-	area of any detention facility, a mental health crisis center, or a substance use
63		-	disorder residential treatment facility; or
64		-	(3) An individual, other than a law enforcement officer, while using a municipal vehicle
65		-	to transport another individual apprehended in accordance with chapter 27A-10.
66		-	No injury or damage resulting from an individual possessing a concealed firearm
67		-	may be construed to be an act of the municipality, and no liability may be imputed to the
68		-	municipality. 25.683.14 3 1218
69		-	HB1218 ENROLLED
70		-	For purposes of this section, any "method or means" includes the adoption of a
71		-	policy, the issuance of a guidance letter or statement, and any similar directive, whether
72		-	written or oral.
73		-	Section 4. That a NEW SECTION be added to chapter 9-14:
74		-	Notwithstanding section 3 of this Act or § 9-19-20, a municipality may, by any
75		-	method or means, prohibit or restrict an individual from lawfully carrying a dangerous
76		-	weapon, as defined in § 22-1-2, within a building or facility at which an event is occurring,
77		-	provided metal detectors are utilized to screen for any dangerous weapons and armed
78		-	security personnel are posted at each public entrance.
79		-	Section 5. That § 23-7-70 be REPEALED. 25.683.14 4 1218
80		-	HB1218 ENROLLED
81		-	An Act to address the imposition of firearm restrictions on certain employees, officers,
82		-	volunteers, and other individuals.
83		-
84		-
85		-
86		-
87		-	I certify that the attached Act originated in
88		-	the:
89		-
90		-	House as Bill No. 1218
91		-
92		-
93		-
94		-	Chief Clerk
95		-
96		-
97		-
98		-
99		-	Speaker of the House
100		-
101		-	Attest:
102		-
103		-
104		-
105		-
106		-	Chief Clerk
107		-
108		-
109		-
110		-
111		-	President of the Senate
112		-
113		-	Attest:
	6	+	SENATE ENGROSSED
114	7
115	8
116	9
117	10
118	11
119		-	~~Secretary of the Senate~~
	12	+	Introduced by: Representative Aylward
120	13
121		-
122		-
123		-	House Bill No. 1218
124		-	File No. ____
125		-	Chapter No. ______
126		-
127		-
128		-
129		-	Received at this Executive Office
130		-	this _____ day of _____________,
131		-
132		-	2025 at ____________M.
133		-
134		-
135		-
136		-	By
137		-	for the Governor
138		-
139		-
140		-	The attached Act is hereby
141		-	approved this ________ day of
142		-	______________, A.D., 2025
143		-
144		-
145		-
146		-
147		-
148		-	Governor
149		-
150		-	STATE OF SOUTH DAKOTA ,
151		-	ss.
152		-	Office of the Secretary of State
153		-
154		-
155		-	Filed ____________, 2025
156		-	at _________ o'clock __M.
157		-
158		-
159		-
160		-
161		-
162		-	Secretary of State
163		-
164		-
165		-
166		-	By
167		-	Asst. Secretary of State
168		-
169		-
	14	+	Underscores indicate new language.
	15	+	Overstrikes indicate deleted language.
	16	+	An Act to address the imposition of firearm restrictions on certain employees, 1
	17	+	officers, volunteers, and other individuals. 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 7-18: 4
	20	+	A board of county commissioners may not, by any method or means, prohibit or 5
	21	+	restrict an individual who is a county employee, officer, or volunteer, from lawfully 6
	22	+	possessing any concealed firearm and compatible ammunition, while the individual is 7
	23	+	within any county building, facility, or vehicle, or while on any real property, owned or 8
	24	+	leased by the county. This section does not apply to possession of a concealed firearm 9
	25	+	and compatible ammunition by: 10
	26	+	(1) An individual who is an inmate; 11
	27	+	(2) An individual, other than a law enforcement officer, while present in the secure 12
	28	+	area of any detention facility, a mental health crisis center, or a substance use 13
	29	+	disorder residential treatment facility; or 14
	30	+	(3) An individual, other than a law enforcement officer, while using a county vehicle to 15
	31	+	transport another individual apprehended in accordance with chapter 27A-10. 16
	32	+	No injury or damage resulting from an individual possessing a concealed firearm 17
	33	+	may be construed to be an act of the county, and no liability may be imputed to the 18
	34	+	county. 19
	35	+	For purposes of this section, any "method or means" includes the adoption of a 20
	36	+	policy, the issuance of a guidance letter or statement, and any similar directive, whether 21
	37	+	written or oral. 22
	38	+	Section 2. That a NEW SECTION be added to chapter 8-4: 23
	39	+	A board of supervisors may not, by any method or means, prohibit or restrict an 24
	40	+	individual who is a township employee, officer, or volunteer, from lawfully possessing any 25 25.683.13 2 1218
	41	+	Underscores indicate new language.
	42	+	Overstrikes indicate deleted language.
	43	+	concealed firearm and compatible ammunition, while the individual is within any township 1
	44	+	building, facility, or vehicle, or while on any real property, owned or leased by the 2
	45	+	township. This section does not apply to possession of a concealed firearm and compatible 3
	46	+	ammunition by: 4
	47	+	(1) An individual who is an inmate; 5
	48	+	(2) An individual, other than a law enforcement officer, while present in the secure 6
	49	+	area of any detention facility, a mental health crisis center, or a substance use 7
	50	+	disorder residential treatment facility; or 8
	51	+	(3) An individual, other than a law enforcement officer, while using a township vehicle 9
	52	+	to transport another individual apprehended in accordance with chapter 27A-10. 10
	53	+	No injury or damage resulting from an individual possessing a concealed firearm 11
	54	+	may be construed to be an act of the township, and no liability may be imputed to the 12
	55	+	township. 13
	56	+	For purposes of this section, any "method or means" includes the adoption of a 14
	57	+	policy, the issuance of a guidance letter or statement, and any similar directive, whether 15
	58	+	written or oral. 16
	59	+	Section 3. That a NEW SECTION be added to chapter 9-14: 17
	60	+	The governing body of a municipality may not, by any method or means, prohibit 18
	61	+	or restrict an individual who is a municipal employee, officer, or volunteer, from lawfully 19
	62	+	possessing any concealed firearm and compatible ammunition, while the individual is 20
	63	+	within any municipal building, facility, or vehicle, or while on any real property, owned or 21
	64	+	leased by the municipality. This section does not apply to possession of a concealed 22
	65	+	firearm and compatible ammunition by: 23
	66	+	(1) An individual who is an inmate; 24
	67	+	(2) An individual, other than a law enforcement officer, while present in the secure 25
	68	+	area of any detention facility, a mental health crisis center, or a substance use 26
	69	+	disorder residential treatment facility; or 27
	70	+	(3) An individual, other than a law enforcement officer, while using a municipal vehicle 28
	71	+	to transport another individual apprehended in accordance with chapter 27A-10. 29
	72	+	No injury or damage resulting from an individual possessing a concealed firearm 30
	73	+	may be construed to be an act of the municipality, and no liability may be imputed to the 31
	74	+	municipality. 32 25.683.13 3 1218
	75	+	Underscores indicate new language.
	76	+	Overstrikes indicate deleted language.
	77	+	For purposes of this section, any "method or means" includes the adoption of a 1
	78	+	policy, the issuance of a guidance letter or statement, and any similar directive, whether 2
	79	+	written or oral. 3
	80	+	Section 4. That a NEW SECTION be added to chapter 9-14: 4
	81	+	Notwithstanding section 3 of this Act or § 9-19-20, a municipality may, by any 5
	82	+	method or means, prohibit or restrict an individual from lawfully carrying a dangerous 6
	83	+	weapon, as defined in § 22-1-2, within a building or facility at which an event is occurring, 7
	84	+	provided metal detectors are utilized to screen for any dangerous weapons and armed 8
	85	+	security personnel are posted at each public entrance. 9
	86	+	Section 5. That § 23-7-70 be REPEALED. 10
	87	+	A person may not carry a concealed pistol in any licensed on-sale malt beverage 11
	88	+	or alcoholic beverage establishment that derives over one-half of its total income from the 12
	89	+	sale of malt or alcoholic beverages. 13