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State of South Dakota  
NINETY-FOURTH SESSION
LEGISLATIVE ASSEMBLY, 2019  

643B0019   HOUSE ENGROSSED    NO.  HB 1056 -  2/8/2019  

Introduced by:    Representatives Peterson (Sue), Brunner, Dennert, Frye-Mueller, Goodwin, Gosch, Howard, Jensen (Kevin), Johnson (Chris), Latterell, Livermont, Marty, Mulally, Otten (Herman), Pischke, Qualm, Randolph, Rasmussen, Weis, and Zikmund and Senators DiSanto, Jensen (Phil), Monroe, Nelson, Russell, Stalzer, and Youngberg
 

        FOR AN ACT ENTITLED, An Act to prohibit certain local ordinances regarding firearms.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 7-18A-36 be amended to read:
    7-18A-36. No county may pass any an ordinance that restricts or prohibits, or imposes any tax, licensure requirement, or licensure fee on the possession, storage, transportation, purchase, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components. Any ordinances ordinance prohibited by this section are is null and void. The attorney general shall send a cease and desist order to any county that passes or enforces an ordinance in violation of this section. If the county fails to comply with the order, the attorney general shall bring an action in the name of the state for injunctive relief against any county that has passed an ordinance in violation of this section. A court shall grant any person charged with a violation of an ordinance prohibited under this section reasonable costs, expenses, and attorney's fees. This section does not apply to any generally applicable zoning ordinance, building regulation,

or fire code so long as the ordinance, regulation, or code is not used to circumvent the prohibition under this section.
    Section 2. That § 8-5-13 be amended to read:
    8-5-13. No township may pass any an ordinance that restricts or prohibits, or imposes any tax, licensure requirement, or licensure fee on the possession, storage, transportation, purchase, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components. Any ordinances ordinance prohibited by this section are is null and void. The attorney general shall send a cease and desist order to any township that passes or enforces an ordinance in violation of this section. If the township fails to comply with the order, the attorney general shall bring an action in the name of the state for injunctive relief against any township that has passed an ordinance in violation of this section. A court shall grant any person charged with a violation of an ordinance prohibited under this section reasonable costs, expenses, and attorney's fees. This section does not apply to any generally applicable zoning ordinance, building regulation, or fire code so long as the ordinance, regulation, or code is not used to circumvent the prohibition under this section.
    Section 3. That § 9-19-20 be amended to read:
    9-19-20. No municipality may pass any an ordinance that restricts or prohibits, or imposes any licensure requirement or licensure fee on the possession, storage, transportation, purchase, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components. Any ordinances ordinance prohibited by this section are is null and void. The attorney general shall send a cease and desist order to any municipality that passes or enforces an ordinance in violation of this section. If the municipality fails to comply with the order, the attorney general shall bring an action in the name of the state for injunctive relief against any municipality that has passed an ordinance in violation of this section. A court shall grant any person charged with

a violation of an ordinance prohibited under this section reasonable costs, expenses, and attorney's fees. This section does not apply to any generally applicable zoning ordinance, building regulation, or fire code so long as the ordinance, regulation, or code is not used to circumvent the prohibition under this section.