South Dakota 2025 Regular Session

South Dakota House Bill HB1218 Latest Draft

Bill / Enrolled Version Filed 03/13/2025

                            25.683.14 	100th Legislative Session 	1218 
 
 
2025 South Dakota Legislature 
House Bill 1218 
ENROLLED 
 
AN ACT 
 
 
ENTITLED An Act to address the imposition of firearm restrictions on certain 
employees, officers, volunteers, and other individuals . 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 
Section 1. That a NEW SECTION be added to chapter 7-18: 
A board of county commissioners may not, by any method or means, prohibit or 
restrict an individual who is a county employee, officer, or volunteer, from lawfully 
possessing any concealed firearm and compatible ammunition, while the individual is 
within any county building, facility, or vehicle, or while on any real property, owned or 
leased by the county. This section does not apply to possession of a concealed firearm 
and compatible ammunition by: 
(1) An individual who is an inmate; 
(2) An individual, other than a law enforcement officer, while present in the secure 
area of any detention facility, a mental health crisis center, or a substance use 
disorder residential treatment facility; or 
(3) An individual, other than a law enforcement officer, while using a county vehicle to 
transport another individual apprehended in accordance with chapter 27A-10. 
No injury or damage resulting from an individual possessing a concealed firearm 
may be construed to be an act of the county, and no liability may be imputed to the 
county. 
For purposes of this section, any "method or means" includes the adoption of a 
policy, the issuance of a guidance letter or statement, and any similar directive, whether 
written or oral. 
Section 2. That a NEW SECTION be added to chapter 8-4: 
A board of supervisors may not, by any method or means, prohibit or restrict an 
individual who is a township employee, officer, or volunteer, from lawfully possessing any  25.683.14 	2 	1218 
HB1218 ENROLLED 
concealed firearm and compatible ammunition, while the individual is within any township 
building, facility, or vehicle, or while on any real property, owned or leased by the 
township. This section does not apply to possession of a concealed firearm and compatible 
ammunition by: 
(1) An individual who is an inmate; 
(2) An individual, other than a law enforcement officer, while present in the secure 
area of any detention facility, a mental health crisis center, or a substance use 
disorder residential treatment facility; or 
(3) An individual, other than a law enforcement officer, while using a township vehicle 
to transport another individual apprehended in accordance with chapter 27A-10. 
No injury or damage resulting from an individual possessing a concealed firearm 
may be construed to be an act of the township, and no liability may be imputed to the 
township. 
For purposes of this section, any "method or means" includes the adoption of a 
policy, the issuance of a guidance letter or statement, and any similar directive, whether 
written or oral. 
Section 3. That a NEW SECTION be added to chapter 9-14: 
The governing body of a municipality may not, by any method or means, prohibit 
or restrict an individual who is a municipal employee, officer, or volunteer, from lawfully 
possessing any concealed firearm and compatible ammunition, while the individual is 
within any municipal building, facility, or vehicle, or while on any real property, owned or 
leased by the municipality. This section does not apply to possession of a concealed 
firearm and compatible ammunition by: 
(1) An individual who is an inmate; 
(2) An individual, other than a law enforcement officer, while present in the secure 
area of any detention facility, a mental health crisis center, or a substance use 
disorder residential treatment facility; or 
(3) An individual, other than a law enforcement officer, while using a municipal vehicle 
to transport another individual apprehended in accordance with chapter 27A-10. 
No injury or damage resulting from an individual possessing a concealed firearm 
may be construed to be an act of the municipality, and no liability may be imputed to the 
municipality.  25.683.14 	3 	1218 
HB1218 ENROLLED 
For purposes of this section, any "method or means" includes the adoption of a 
policy, the issuance of a guidance letter or statement, and any similar directive, whether 
written or oral. 
Section 4. That a NEW SECTION be added to chapter 9-14: 
Notwithstanding section 3 of this Act or § 9-19-20, a municipality may, by any 
method or means, prohibit or restrict an individual from lawfully carrying a dangerous 
weapon, as defined in § 22-1-2, within a building or facility at which an event is occurring, 
provided metal detectors are utilized to screen for any dangerous weapons and armed 
security personnel are posted at each public entrance. 
Section 5. That § 23-7-70 be REPEALED.  25.683.14 	4 	1218 
HB1218 ENROLLED 
An Act to address the imposition of firearm restrictions on certain employees, officers, 
volunteers, and other individuals. 
 
 
 
 
I certify that the attached Act originated in 
the: 
 
House as Bill No. 1218 
 
 
 
Chief Clerk 
 
 
 
 
Speaker of the House 
 
Attest: 
 
 
 
 
Chief Clerk 
 
 
 
 
President of the Senate 
 
Attest: 
 
 
 
 
 
Secretary of the Senate 
 
 
 
House Bill No. 1218 
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