34-48A-5.1. [Effective until July 1, 2021] Governmental authority--Disaster--Terrorist attack--Emergencies--Limitations related to firearms and weapons.

No state agency, political subdivision, or any elected or appointed official or employee of this state or of a political subdivision may, under any governmental authority or color of law, including any other statutorily authorized responses to disaster, war, acts of terrorism, or emergencies of whatever kind or nature:

(1)    Prohibit, regulate, or curtail the otherwise lawful possession, carrying, sale, transportation, transfer, defensive use, or other lawful use of any:

(a)    Firearm, including any component or accessory;

(b)    Ammunition, including any component or accessory;

(c)    Ammunition-reloading equipment and supplies; or

(d)    Personal weapons other than firearms;

(2)    Seize, commandeer, or confiscate in any manner, any:

(a)    Firearm, including any component or accessory;

(b)    Ammunition, including any component or accessory;

(c)    Ammunition-reloading equipment and supplies; or

(d)    Personal weapons other than firearms;

(3)    Suspend or revoke a permit to carry a concealed pistol issued pursuant to chapter 23-7, except as expressly authorized in that chapter;

(4)    Refuse to accept an application for a permit to carry a concealed pistol, provided the application has been properly completed in accordance with chapter 23-7;

(5)    Close or limit the operating hours of any entity engaged in the lawful selling or servicing of any firearm, including any component or accessory, ammunition, including any component or accessory, ammunition-reloading equipment and supplies, or personal weapons other than firearms, unless the closing or limitation of hours applies equally to all forms of commerce within the jurisdiction;

(6)    Close or limit the operating hours of any indoor or outdoor shooting range; or

(7)    Place restrictions or quantity limitations on any entity regarding the lawful sale or servicing of any:

(a)    Firearm, including any component or accessory;

(b)    Ammunition, including any component or accessory;

(c)    Ammunition-reloading equipment and supplies; or

(d)    Personal weapons other than firearms.

Any person aggrieved by a violation of this section may file an action for damages, injunctive relief, or other appropriate redress in the circuit court having jurisdiction over the county in which the aggrieved person resides or in which the violation occurred.

Source: SL 2020, ch 149, § 2, eff. Mar. 31, 2020.

Effective July 1, 2021

SDLRC - Codified Law 34-48A-5.1 - [Effective until July 1, 2021] Governmental authority--Disaster--Terrorist attack--Emergencies--Limitations related to firearms and weapons.

34-48A-5.1Repealed.

Source: SL 2020, ch 149, § 2, eff. Jul. 1, 2021.