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South Dakota firearm laws could change
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SDguy
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Joined: Sun Jul 13th, 2008
Location: South Dakota USA
Posts: 86
Status:  Offline
 Posted: Mon Mar 9th, 2009 06:30 pm
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 For those who are interested a few changes in SD firearm laws have been worked over in the state legislature this sesson.

1) A bill hotly contested went down in flames. This bill would have prevented colleges from creating or enforcing anti concealed carry rules for its students. Currently it is not illegal for a student to carry on a college campus as long as the student has a valid state concealed carry permit. Most colleges will expel any student caught carrying a firearm even if done legally. This bill failed.

2) A second bill which is still being discussed this session would prevent local towns, cities and counties from passing local laws prohibiting concealed carry within their boundries. Several cities in South Dakota have passed laws prohibiting legal concealed carry in city parks, at the fairgrounds and the civic center. This bill was originally written to prevent cities from creating such local laws. The evil thing about this law was that as I understand it, it was reworded in committee to do just the opposite of what it was intended to do. So until it is fixed we do not want to support the bill.

  There have not been any problems with the legal carry of firearms openly or concealed in our state. It seems that some local governments are passing restrictive laws to fix a non-existant problem. Legal open carry without a permits and concealed carry with a permit has been a South Dakota standing for as many years as we have been a state. And with no problems. We don't need to fix what aint broke!

gsh341
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Joined: Tue Jul 4th, 2006
Location: Sioux Falls, South Dakota USA
Posts: 133
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 Posted: Tue Mar 17th, 2009 06:22 am
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The bill, HB 1278, was originally intended to clarify existing pre-emption law in South Dakota.

FOR AN ACT ENTITLED, An Act to  clarify certain statutes prohibiting political subdivisions from restricting firearms.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section 1.  That § 8-5-13 be amended to read as follows:
     8-5-13.   No township may {pass any ordinance that restricts-removedin any way restrict possession, transportation, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components. Any ordinances existing restrictions prohibited by this section are null and void. 


With the same changes to affect counties and municipalities. It passed the House 46 to 20.

Senator Gene Abdallah decided he didn't like the bill so he amended it as follows in the Senate State Affairs Committee.

       FOR AN ACT ENTITLED, An Act to  revise certain provisions prohibiting political subdivisions from restricting firearms.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section 1.  That § 8-5-13 be amended to read as follows:
     8-5-13.   {No township may pass any ordinance that restricts-removed} Except on property owned or leased by the township, other than public highways as defined in § § 31-1-1 and 31-1-4, no township may in any way restrict the possession, transportation, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components. Any {ordinances-removed} existing restrictions prohibited by this section are null and void. On any property on which firearms or ammunition are restricted pursuant to this section, the township shall post signs sufficient to notify the public of the restriction. 

With the same changes made for counties and municipalities.

Senator Abdallah's amendment basically made the bill the exact OPPOSITE of the bill that was introduced. It was tabled and will die unless resurrected before the end of the last day of the current session.

Luckily, Senator Abdallah is ineligible for re-election due to TERM LIMITS!!

http://legis.state.sd.us/sessions/2009/Bill.aspx?Bill=1278


    


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