An Act to void covenants that prohibit or restrict the possession or use of firearms and ammunition.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added to chapter 43-12:

A covenant running with the land may not prohibit, restrict, or have the effect of prohibiting or restricting:

(1) The lawful possession, storage, or transportation of a firearm, any part of a firearm, or ammunition; or

(2) The lawful discharge of a firearm.

If a provision in a covenant is found to violate this section, that provision is void and unenforceable. A provision that is void and unenforceable is severable and any remaining provisions that can be given effect are not thereby affected.