South Dakota 2025 Regular Session

South Dakota Senate Bill SB81

Introduced
1/21/25  
Refer
1/21/25  
Report Pass
1/28/25  
Engrossed
1/30/25  
Refer
2/3/25  
Report Pass
2/10/25  
Enrolled
2/11/25  

Caption

Prohibit the use of a firearms code for transactions involving firearms, accessories, components, and ammunition and to provide a civil penalty therefor.

Impact

The implications of SB81 extend to state laws regarding commerce and financial transactions. The legislation seeks to prevent any form of discrimination against firearms dealers and ensures that individuals engaging in lawful gun transactions are not subject to unfair treatment by financial entities. This shift reinforces the position of firearm-related businesses, providing them with rights against financial scrutiny directly tied to the nature of their commerce, which they argue is vital for maintaining their livelihoods in a market perceived to be increasingly hostile towards gun sales.

Summary

Senate Bill 81 aims to prohibit financial institutions from discriminating against firearms dealers and transactions involving firearms, ammunition, and accessories by regulating the use of a firearms code in payment processes. Under this bill, financial institutions are restricted from declining lawful payment card transactions based on the use of a firearms code, charging higher fees based on the nature of a transaction, or taking any action that suppresses lawful commerce involving firearms. This bill reflects an effort to enhance protections for businesses that sell firearms and associated products against perceived discriminatory practices.

Sentiment

The sentiment surrounding SB81 is largely supportive among gun rights advocates and some segments of the business community, who view the bill as a necessary safeguard against excessive regulation and discrimination. Conversely, critics may argue that such legislation could complicate the relationship between financial institutions and retailers, potentially leading to a lack of accountability regarding financial practices that could undermine safety or responsible commerce. The debate surrounding this bill captures the ongoing tensions in contemporary discussions about firearms regulation and financial oversight.

Contention

Notable points of contention include concerns about the balance between encouraging business and ensuring that inadequate oversight does not lead to abuse or illegal activity being masked under the guise of lawful commerce. There are arguments from gun control advocates who fear that minimizing scrutiny on firearm transactions through this bill could exacerbate issues tied to gun violence and misuse. The broader implications for state law highlight a significant challenge in regulating commerce without infringing on rights that advocates are keen to protect.

Companion Bills

No companion bills found.

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