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Affirming the Legislature's support of the constitutional right to keep and bear arms.
SCR 607 is a legislative resolution expressing the South Dakota Legislature's support for the constitutional right to keep and bear arms. This is not a law that changes existing rules; rather, it is a symbolic statement of the Legislature's position on Second Amendment rights.
provide enhanced permit criteria for current and former law enforcement officers.
This bill makes it easier for current and former law enforcement officers to renew their enhanced concealed carry permits by allowing them to use their police firearms qualifications instead of taking a civilian handgun course. Previously, all permit holders had to complete the same training requirements (live fire course, use of force instruction, and criminal law updates), but now officers can simply prove they qualified on a certified police shooting course within the past year to renew their permit.
limit directives and incentives for extreme risk protection orders and to provide a penalty.
South Dakota prohibits state agencies, officials, and employees from creating, enforcing, or accepting federal funding for extreme risk protection orders—court orders that would require someone to surrender firearms or prevent them from owning guns. Any state official who violates this prohibition commits a felony, and the bill declares that any such orders are null and unenforceable in South Dakota. This law effectively blocks the state from participating in or enforcing "red flag" laws that temporarily remove firearms from people deemed at high risk of harming themselves or others.
revise the safety zone within which a firearm may be discharged.
This bill expands where people can legally hunt and discharge firearms by allowing hunting of small game on highways and public rights-of-way in South Dakota, with specific exceptions for certain protected areas like parks and interstate highways. The bill permits hunters to shoot small game (except mourning doves) that are on or flying over these public routes, as long as the game originated from or is flying over the highway itself. Property owners or those with written permission can use these routes to protect livestock or buildings by shooting small game.
To protect our Second Amendment rights from federal overreach using the official purpose provision of the REAL ID Act of 2005.
This concurrent resolution directs South Dakota to refuse compliance with the federal REAL ID Act if the federal government ever uses it to restrict Second Amendment rights—such as by requiring a REAL ID-compliant ID to purchase firearms. The resolution expresses South Dakota's position that it will not participate in any federal effort that uses the REAL ID system to infringe on gun ownership or purchase rights.
continue the prohibition on the seizure of firearms and ammunitions.
South Dakota law now prohibits state agencies and local governments from seizing, regulating, or restricting firearms, ammunition, and related equipment during emergencies, disasters, or other crises—even if they would normally have legal authority to do so. The law also prevents these officials from suspending concealed carry permits or rejecting permit applications that meet legal requirements. This puts a blanket protection on gun ownership and carry rights that overrides other emergency powers government might otherwise use.
reduce the fee for permits to carry concealed pistols.
SB111 reduces the fee for South Dakota's standard concealed pistol permit from $10 to $3, with the $3 fee split between the state (going to the secretary of state) and local counties or municipalities. The bill also makes minor clarifications to the enhanced permit application process, removing redundant requirements while keeping the $150 fee for that optional permit unchanged.
prohibit infringement upon the constitutional right to keep and bear arms.
This bill adds a new state law declaring that certain federal gun regulations—including taxes on firearms and ammunition, registration requirements, and possession restrictions—are unconstitutional infringements under South Dakota and U.S. law. The law applies only to regulations adopted after January 1, 2021, and only affects otherwise law-abiding residents. South Dakota is essentially stating that it will not enforce these types of federal gun control measures within the state.
clarify the use of force.
HB1212 clarifies South Dakota's self-defense laws by defining key terms like "deadly force," "forcible felony," "dwelling," and "residence" to make it clearer when people can legally use force to protect themselves or their property. The bill updates the existing self-defense statute to specify that force is justified when a person reasonably believes it's necessary to defend against unlawful force or protect themselves, their family, or others from harm.
authorize the review of certain executive orders issued by the President of the United States.
South Dakota's Legislative Research Council Executive Board can now review presidential executive orders that Congress hasn't approved and recommend to the state attorney general whether to challenge them in court. State agencies and officials are prohibited from implementing executive orders that restrict rights or are deemed unconstitutional if they involve pandemics, natural resources, agriculture, land use, environmental banking standards, or gun rights. This creates a new state-level review process for federal executive actions in these specific policy areas.
revise the limitations on a municipality's power to take actions for the promotion of health or the suppression of disease.
This bill limits the power of South Dakota cities and towns to take health and disease-prevention measures by adding new restrictions—municipalities can no longer take actions that interfere with religious exercise, free speech, assembly, petition rights, activities in private homes or businesses, or gun rights. The bill essentially carves out broad exemptions from local health authority unless martial law has been declared. This significantly narrows municipalities' ability to implement public health measures like mask mandates or business closures during health emergencies.