Why It Matters: Firearm and ammunition laws and regulations are often intricate, confusing, and, without state preemption laws, can vary from locality to locality. Recently, South Dakota introduced and passed a firearm preemption bill of their own, restricting homeowner’s associations from placing restrictions on the possession and use of firearms or ammunition. Firearm preemption legislation limits the ability of lower-level governments to create laws and regulations that may differ from jurisdiction to jurisdiction. This ultimately removes the confusing patchwork of laws and regulations and ensures the equal distribution of law.
Highlights:
- Recently, and quite quickly, the South Dakota Legislature passed Senate Bill 39 (SB 39), which will prohibit homeowner’s associations from being able to create restrictions on firearms and firearm ammunition.
- Prohibiting homeowner’s associations from creating restrictions on firearms and ammunition prevents there from being an unnecessary and confusing patchwork of regulations that responsible firearm owners must learn.
- The Congressional Sportsmen’s Foundation (CSF) supports firearm preemption efforts to ensure that responsible firearm owners can confidently possess, transport, and use these important sporting tools.
Last week, the South Dakota House of Representatives passed Senate Bill (SB) 39 which will prohibit homeowner’s associations from restricting the possession and transportation of a firearm or ammunition. This piece of legislation, sponsored by 27 Senators including South Dakota Legislative Sportsmen’s Caucus Co-Chair Senator Herman Otten, moved quickly through the Legislature with overwhelming support, ultimately being passed by Legislators in under a month. Once signed into law by Governors Sportsmen’s Caucus (GSC) Member Governor Kristi Noem, responsible firearm owners will not have to worry about an unnecessary and confusing patchwork of regulations when moving to or visiting neighborhoods with homeowner’s associations. This not only provides for equal treatment for firearm owners throughout the state, but it also eliminates the risk of a responsible firearm owner accidentally committing a crime or violating any local regulations.
The preemption of firearm and ammunition laws and regulations at the state level has long been a priority for CSF as it ensures that there is equal distribution of the law throughout the state, regardless of location. Firearm preemption legislation, like SB 39, limits the ability of lower-level governments to create laws and regulations that differ from county to county, or in this case, neighborhood to neighborhood. This also keeps responsible gun owners from having to learn the confusing patchwork of local regulations. Without these preempting firearm laws, individuals would be required to learn and understand the intricacies of all the firearm laws based on the jurisdiction they are in or plan on traveling to.
CSF is now encouraging GSC Member Governor Noem to sign the bill and will continue to support firearm preemption legislation, like SB 39, to ensure that responsible firearm owners can continue to confidently own and use these important sporting tools. We would also like to thank the bill’s Sponsors, including Sportsmen’s Caucus Co-Chair Senator Otten, and the South Dakota Legislators for overwhelmingly supporting SB 39 and quickly passing it through the Legislature.
