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 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 ordinance prohibited by this section 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 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 ordinance prohibited by this section 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 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
ordinance prohibited by this section 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.
An Act to prohibit certain local ordinances regarding firearms.
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I certify that the attached Act originated in the
HOUSE as Bill No. 1056
____________________________
Chief Clerk ____________________________
Speaker of the House
Attest:
____________________________
Chief Clerk
____________________________
Attest:
____________________________
Secretary of the Senate
House Bill No. 1056 File No. ____ Chapter No. ______ |
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State
Filed ____________ , 20___
____________________________ Secretary of State
By _________________________ |
