HB 1218: address the imposition of firearm restrictions on certain employees, officers, volunteers, and other individuals. - South Dakota

Senate Engrossed → Enrolled · 7 edits · Mar 13, 2025

MODERATE

This bill removes all restrictions on county, township, and municipal employees, officers, and volunteers from carrying concealed firearms on county, township, and municipal property. It also repeals an existing section that allowed municipalities to ban dangerous weapons at events with security screening.

Scope change

The bill expands firearm carry rights to include county, township, and municipal employees, officers, and volunteers across all their buildings, facilities, vehicles, and real property.

SCOPE

Added new sections prohibiting county boards of commissioners from restricting concealed firearm possession by county employees, officers, and volunteers on county property.

Added new sections prohibiting township boards of supervisors from restricting concealed firearm possession by township employees, officers, and volunteers on township property.

Added new sections prohibiting municipal governing bodies from restricting concealed firearm possession by municipal employees, officers, and volunteers on municipal property.

REQUIREMENT

Established that no liability can be imposed on counties, townships, or municipalities for injuries or damages resulting from individuals possessing concealed firearms on their property.

Clarified that 'method or means' includes policies, guidance letters, statements, and similar directives, whether written or oral.

Repealed Section 23-7-70, which previously allowed municipalities to prohibit dangerous weapons at events with metal detectors and armed security.

ELIGIBILITY

Maintained existing exemptions for inmates, individuals in secure areas of detention or treatment facilities, and individuals transporting apprehended persons in county/township/municipal vehicles.

Senate Local Government Engrossed → Senate Engrossed · 6 edits · Mar 11, 2025

MODERATE

This bill adds new sections to state law prohibiting county, township, and municipal employees, officers, and volunteers from being banned from carrying concealed firearms in county buildings, facilities, vehicles, or property. It also repeals an existing law that banned concealed carry in certain licensed alcohol establishments.

Scope change

The bill expands the scope of who cannot be restricted from carrying concealed firearms to include township and municipal employees, officers, and volunteers, in addition to county employees.

SCOPE

Added new section to chapter 7-18 prohibiting county boards of commissioners from restricting concealed firearm possession by county employees, officers, and volunteers in county buildings, facilities, vehicles, or property.

Added new section to chapter 8-4 prohibiting township boards of supervisors from restricting concealed firearm possession by township employees, officers, and volunteers in township buildings, facilities, vehicles, or property.

Added new section to chapter 9-14 prohibiting municipal governing bodies from restricting concealed firearm possession by municipal employees, officers, and volunteers in municipal buildings, facilities, vehicles, or property.

REQUIREMENT

Added exceptions for inmates, individuals in secure areas of detention or mental health facilities, and individuals transporting apprehended persons in county/township/municipal vehicles.

Repealed section 23-7-70 which prohibited carrying concealed pistols in licensed on-sale malt or alcoholic beverage establishments that derive over half their income from alcohol sales.

Added exception allowing municipalities to prohibit dangerous weapons at events where metal detectors and armed security are present.

House Engrossed → Senate Local Government Engrossed · 6 edits · Mar 5, 2025

MODERATE

This bill adds new sections to South Dakota law that prevent counties, townships, and municipalities from banning concealed firearms for their employees, officers, and volunteers. It also preserves the ability of these entities to ban weapons at specific events with security screening. The changes expand firearm access rights for government workers while maintaining limited exceptions for inmates and sensitive facilities.

Scope change

The bill expands the scope of protected individuals to include county, township, and municipal employees, officers, and volunteers who wish to carry concealed firearms on government property.

SCOPE

Added a new section to chapter 7-18 prohibiting county boards of commissioners from banning concealed firearms for county employees, officers, and volunteers on county property.

Added a new section to chapter 8-4 prohibiting township boards of supervisors from banning concealed firearms for township employees, officers, and volunteers on township property.

Added a new section to chapter 9-14 prohibiting municipal governing bodies from banning concealed firearms for municipal employees, officers, and volunteers on municipal property.

REQUIREMENT

Added exceptions for inmates and individuals in secure areas of courthouses, detention facilities, mental health crisis centers, and substance use disorder treatment facilities.

Preserved the ability of counties, townships, and municipalities to ban weapons at events with metal detectors and armed security at entrances.

ENFORCEMENT

Added liability protection stating that injuries or damage from concealed firearm possession cannot be attributed to the county, township, or municipality.

House Local Government Engrossed → House Engrossed · 6 edits · Feb 20, 2025

MODERATE

This bill adds new sections to the South Dakota Code that prohibit counties, municipalities, and townships from banning concealed firearms for their employees, officers, and volunteers. The legislation prevents these local governments from adopting policies or issuing guidance that would restrict lawful firearm possession in county buildings, township facilities, municipal properties, and county/township/municipal vehicles. The changes matter because they limit local government authority to regulate firearms for their own staff and volunteers.

Scope change

The bill expands scope by adding new provisions to three different chapters of the state code covering counties (chapter 7-18), townships (chapter 8-4), and municipalities (chapter 9-14), creating parallel restrictions across all three types of local governments.

SCOPE

New section added to chapter 7-18 prohibiting county boards of commissioners from restricting concealed firearms for county employees, officers, and volunteers in county buildings, facilities, vehicles, and real property.

New section added to chapter 8-4 prohibiting township boards of supervisors from restricting concealed firearms for township employees, officers, and volunteers in township buildings, facilities, vehicles, and real property.

New section added to chapter 9-14 prohibiting municipal governing bodies from restricting concealed firearms for municipal employees, officers, and volunteers in municipal buildings, facilities, vehicles, and real property.

ELIGIBILITY

All three new sections include exemptions for inmates, individuals in court service areas, secure areas of detention/mental health/substance use facilities, and individuals transporting apprehended persons in county/township/municipal vehicles.

ENFORCEMENT

All three new sections include liability protection stating that injuries or damages from lawful concealed firearm possession cannot be attributed to the county, township, or municipality.

REQUIREMENT

All three new sections define 'method or means' to include policies, guidance letters, statements, and similar directives whether written or oral, preventing circumvention through informal communications.

Introduced → House Local Government Engrossed · 5 edits · Feb 18, 2025

MODERATE

This bill adds new sections to three South Dakota state chapters to prohibit county, township, and municipal governments from restricting firearms for their employees, officers, and volunteers. The legislation prevents these local entities from adopting policies or guidelines that would ban concealed carry by their staff within county, township, or municipal buildings, facilities, vehicles, or property.

Scope change

The bill expands the scope of firearm rights by adding new legal protections for county, township, and municipal employees that did not previously exist in South Dakota law.

SCOPE

Added Section 1 to Chapter 7-18 prohibiting county boards of commissioners from restricting concealed firearms for county employees, officers, and volunteers in county buildings, facilities, vehicles, or property.

Added Section 2 to Chapter 8-4 prohibiting township boards of supervisors from restricting concealed firearms for township employees, officers, and volunteers in township buildings, facilities, vehicles, or property.

Added Section 3 to Chapter 9-14 prohibiting municipal governing bodies from restricting concealed firearms for municipal employees, officers, and volunteers in municipal buildings, facilities, vehicles, or property.

REQUIREMENT

Added exceptions for inmates, individuals in court or jail service buildings, and non-law enforcement personnel transporting apprehended individuals.

DEFINITION

Defined 'method or means' to include policies, guidance letters, statements, and similar directives whether written or oral.

address the imposition of firearm restrictions on certain employees, officers, volunteers, and other individuals.

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